united-kingdom tax-law property
UK - Do I pay higher Stamp Duty for transfer of equity on main home if I have Buy To Let property?
<p>It is my understanding that if you own a BTL (Buy To Let) property and a residential property, and then move house, you pay the standard stamp duty (without the 3% surcharge for second homes) even if it is a bigger house.</p>
<p>I am hoping the rules are similar for transfer of equity. For example, I have a BTL property which I own myself. I also have a residential home which I live in and which I own 50-50 with my brother (we are tenants in common). I would like to buy his share, but will I have to pay the 3% surcharge?</p>

<p>According to this <a href="https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property#hr-notapply" rel="nofollow noreferrer">link</a> there are some scenarios where higher rate Stamp Duty does not apply:</p>
<blockquote>
<p>If you want to increase the amount of a property that you already own,
you do not have to pay the higher rates when all the following apply:</p>
<ul>
<li>you already own 25% or more</li>
<li>the dwelling has been your only or main home for the previous 3 years</li>
<li>if you’re extending a lease, your lease
still has 21 years or more left to run</li>
</ul>
</blockquote>
<p>since the first two points are true, and the third one is conditional, I believe that I do not have to pay higher rates.</p>
