Example 48: One spouse owns marital main residence, the other spouse buys a buy-to-let dwelling

 

Example:

Mr and Mrs Wainwright are married. Mr Wainwright owns a dwelling (which he purchased on his own before he was married) where the couple live as their main residence. Mrs Wainwright then buys a dwelling to be rented out. At the end of the day that is the effective date of the transaction, Mrs Wainwright "owns" two dwelling (she is the owner of the newly purchased dwelling and, for the purposes of the LBTT(A)(S)A 2016, is deemed to be the owner of her spouse's existing dwelling ("deemed ownership")) and is not replacing her main residence, so the ADS will apply.

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