SDLT On £980,000 Home Move With Buy‑To‑Lets

If you sell your current home when you buy your new one, you usually will not pay the extra 3% (Now 5%) SDLT, even if you own buy‑to‑lets.

No 3% (Now 5%) surcharge if your old main home is sold on or before the day you complete on the new main home.
3% (Now 5%) surcharge applies if you still own the old home on completion; you can usually reclaim the 3% (Now 5%) if you sell it within 36 months.
Buy‑to‑lets (in your name or a company) do not stop the “replacement of main residence” rule.
Next step: ask your conveyancer to confirm SDLT on both timings.

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Do you pay the 5% SDLT surcharge when replacing your main home but still owning buy-to-let properties?

Introduction

People often ask whether they must pay the higher rates of Stamp Duty Land Tax (SDLT) when moving home if they already own other residential properties, such as buy-to-let properties held personally or through a company. The key issue is whether the new purchase is a genuine replacement of the buyer’s only or main residence.

If the old main home is sold at the same time as the new one is bought, the answer is usually straightforward: the higher 5% surcharge does not apply, even if the buyer owns other dwellings.

The Question

A homeowner owns their current main residence and also has several buy-to-let properties, some owned personally and some through a limited company. They plan to buy a new home for their own occupation for £980,000 and sell their existing home at the same time. They want to know whether they will pay SDLT at the normal residential rates or whether the additional 5% surcharge for additional dwellings will also apply.

Nick’s Explanation

Nick’s view was that where a buyer is purchasing a new residential property to live in and is selling their existing main residence on or before completion of the new purchase, the purchase is normally treated as a replacement of the buyer’s only or main residence. In that situation, the higher rates for additional dwellings do not apply.

He explained that this remains the case even if the buyer already owns other buy-to-let properties. The existence of those other properties does not by itself trigger the surcharge if the statutory replacement-of-main-residence conditions are met.

Nick also noted that if the former main residence is not sold by the completion date of the new purchase, the higher rates would usually be payable first. If the old main home is then sold within the permitted time limit, the buyer can claim a refund of the surcharge from HMRC.

The Law

SDLT on residential property is charged under Finance Act 2003. The higher rates for additional dwellings are set out in Schedule 4ZA to Finance Act 2003.

In broad terms, the higher rates apply where, at the end of the day of the transaction, the buyer owns more than one dwelling and is not replacing their only or main residence. However, Schedule 4ZA contains an important exception where the buyer is replacing their only or main residence.

That exception can apply if:

the buyer buys a new dwelling intended to be their only or main residence; and
the buyer has disposed of, or disposes of, their previous only or main residence within the permitted period.

Where the former main residence is sold on or before the day the new home is bought, the higher rates should not apply in the first place. Where the sale happens later, the higher rates may be payable initially, with a possible refund if the former main residence is sold within the allowed period.

The refund time limit is commonly referred to as a 36-month period for selling the old main residence after buying the new one, subject to the statutory rules and HMRC’s administrative requirements for making the reclaim.

Analysis

The analysis usually works in the following order.

Is the property being bought a residential dwelling? If yes, the residential SDLT rules apply.
Will the buyer own more than one dwelling at the end of completion? In this scenario, yes, because the buyer has other buy-to-let properties.
Does that automatically mean the 5% surcharge applies? No. The next question is whether the purchase is a replacement of the buyer’s only or main residence.
Is the existing main residence being sold on or before completion of the new home? If yes, the replacement exception should apply.
If the replacement exception applies, the buyer pays SDLT at the normal residential rates, not the higher rates for additional dwellings.

On the facts given, the crucial point is that the buyer is selling their existing home at the same time as buying the new one. If that existing home is in fact their only or main residence for SDLT purposes, the purchase of the £980,000 home should normally be taxed at standard residential rates only.

The fact that the buyer also owns buy-to-let properties personally does not prevent the replacement exception from applying. Likewise, dwellings owned by a separate limited company are not treated as personally owned by the individual buyer, although the buyer’s personal ownership of other dwellings is still relevant to the wider SDLT analysis. The decisive point remains whether the old main residence is being replaced.

If, however, the old main residence is not sold by completion of the new purchase, the buyer would usually have to pay the higher rates first. On a £980,000 purchase, that would produce a higher SDLT figure than the standard rates alone. If the former main residence is then sold within the permitted period, a refund claim can usually be made for the surcharge element.

This question is different from cases about whether a property was uninhabitable or not suitable for use as a dwelling. In those cases, the condition thresholds are now relatively high following Amarjeet and Tajinder Mudan v The Commissioners for HMRC [2025] EWCA Civ 799. That authority is important where a buyer argues that a building was not a dwelling at the effective date of the transaction, but it does not alter the main-residence replacement rules discussed here.

Outcome

If a buyer purchases a new home for £980,000 to live in and sells their existing main residence on or before the same completion date, they should usually pay SDLT at the normal residential rates only. They should not have to pay the additional 5% surcharge merely because they also own buy-to-let properties.

If the old main residence is not sold by completion, the 5% surcharge will usually be payable first, with a possible refund if that former main residence is sold within the permitted period.

Practical Steps

Confirm which property is the buyer’s actual only or main residence for SDLT purposes.
Check that the former main residence will be sold on or before completion of the new purchase.
Ensure the SDLT return is prepared on the correct basis at completion.
If the former main residence is sold after the new purchase, keep evidence of the sale and consider a refund claim for the surcharge within HMRC’s time limits.
Where ownership structures are mixed between personal ownership and company ownership, review the facts carefully to avoid mistakes in the SDLT filing.

Conclusion

Owning other buy-to-let properties does not by itself mean the 5% SDLT surcharge is due when moving home. If the new property replaces the buyer’s only or main residence and the old main home is sold at the same time, the standard residential SDLT rates should normally apply.

Legal References Used

Finance Act 2003
Finance Act 2003, Schedule 4ZA
Amarjeet and Tajinder Mudan v The Commissioners for HMRC [2025] EWCA Civ 799

This page was last updated on 22 March 2026.

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Luc

2 months ago

Nick was so fast at responding to my query. He was very polite and very informative. Although the outcome was not what we had hoped for, the advice that Nick provided was invaluable. Nick provided advice that 5 other professionals could not. I am very grateful for his help and the clarity that he gave me. Would 100% recommend. Thank you again!

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I contacted Nick for guidance on a complex SDLT issue involving the transfer of a residential property to a limited company and the related implications for a new home purchase.

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4 months ago

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7 months ago

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8 months ago

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Nick's prompt and clear response was invaluable - I was dealing with quite a specific edge case where I am the legal owner of a property abroad, but do not have any major interest in it, as my parents rent it out and make use of the money. The question was whether I would qualify for the SDLT first-time buy relief and whether the higher rates for SDLT apply to me.

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Julie Morris

Nick is very knowledgeable regarding this field. Not only is he knowledgeable he make it very easy to understand the minefield of stamp duty. Nick has just saved me over £7,000 in stamp duty as its not payable on my planned move. It's easy for a solicitor to say you owe X amount in stamp duty its not their hard earned money being paid out unnecessary. I will never be able to thank Nick enough. My advice is if you think your solicitor has got it wrong seek out Nick. Once again Nick thank-you so much.

Take Julie

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2 years ago

My wife and I newly moved to the UK and encountered a problem over the eligibility of first time buyer. I contacted Nick over the phone for enquiry. Although I made the enquiry without any payment to Nick, he seriously took my case and eventually gave me very useful information, which greatly helped us to make decisions for the declaration of Stamp Duty. Throughout our communication, we definitely saw and felt Nick's passion and expertise in land tax field and professional comprehension of the law as well as very high efficiency. Seeing the information and explanation of the law given by Nick, we were certain that our simple question did cost Nick quite a bit time and efforts, yet he was all the time very polite. Seeing his true willingness and passion to help, patience, efficiency and expertise in land tax and the law, we truly admire this sage gentleman. Thank you very much Nick for helping us.

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SDLT On £980,000 Home Move With Buy‑To‑Lets

SDLT On £980,000 Home Move With Buy‑To‑Lets

Do you pay the 5% SDLT surcharge when replacing your main home but still owning buy-to-let properties?

Introduction

The Question

Nick’s Explanation

The Law

Analysis

Outcome

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Conclusion

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