Moving to England and buying a home (2026): stamp duty before and after the move
Someone who buys in England before becoming UK resident pays the 2% non-resident surcharge, and can claim it back within 2 years if they then spend 183 days in the UK within the time allowed. A buyer who still owns a home abroad also pays the 5% higher rates, unless that home was their main home and is sold within 3 years. Buyers who have never owned a home anywhere can get first-time buyer relief.
Key facts
- Before the move: the 2% surcharge applies if the buyer spent fewer than 183 days in the UK in the 12 months before buying.
- After the move: the 2% is refunded if every buyer spends 183 days in the UK in a 365-day period ending up to 365 days after completion; claim within 2 years.
- A home still owned abroad counts for the 5% higher rates, wherever it is.
- Selling a former main home abroad within 3 years, before or after the purchase, removes or refunds the 5%.
- A home ever owned abroad, even inherited, rules out first-time buyer relief.
- A spouse or civil partner living in the UK and buying jointly makes the purchase resident for the 2%.
What changes when you buy in England before you move?
Two surcharges can apply to someone moving to England, and they work differently:
| Surcharge | Depends on | Rate | Can it come back? |
|---|---|---|---|
| Non-resident surcharge | Days spent in the UK | 2% of the price | Yes, once every buyer meets the 183-day test within 365 days after completion |
| Higher rates for additional homes | Homes owned anywhere in the world | 5% of the price | Yes, if a former main home is sold within 3 years |
Moving changes the first, not the second. The rest of this guide takes the steps of a move in order. The rules of the 2% itself are in the non-resident surcharge guide.
Do you pay the 2% if you buy before you arrive?
Usually. The SDLT return is due within 14 days after completion (Finance Act 2003, section 76), and at that point GOV.UK’s test looks back over the 12 months before the purchase: a buyer who was not in the UK for at least 183 days is not UK resident for SDLT. So someone still living abroad pays the surcharge on completion.
For a buyer who owns no other home, buying a £400,000 home:
| Buyer | SDLT |
|---|---|
| Not yet UK resident | £18,000 |
| UK resident | £10,000 |
| Difference: the surcharge | £8,000 |
Can you get the 2% back after you move?
Yes. HMRC’s manual sets the window (SDLTM09880). A buyer counts as UK resident for the purchase if they are in the UK at the end of at least 183 days in any continuous 365-day period that falls between 364 days before completion and 365 days after it. A buyer who arrives around the time of the purchase and stays can therefore meet the test after the return has been filed.
The refund is claimed by amending the SDLT return, within 2 years starting the day after completion (SDLTM09960). The steps in order:
| When | What happens |
|---|---|
| Completion | The purchase completes while the buyer is not yet UK resident. |
| Within 14 days | The return is filed and the tax paid with the 2% included. |
| Up to 365 days after completion | Each buyer reaches 183 days in the UK within a 365-day period. |
| Within 2 years of completion | The return is amended and HMRC repays the 2%. |
If there are several buyers, the refund is due only once every one of them has met the test (SDLTM09880 and SDLTM09960).
Does a spouse already living in the UK change this?
Yes. When two spouses or civil partners buy together, live together, and one of them is UK resident, the non-resident partner is treated as UK resident for the surcharge (Finance Act 2003, Schedule 9A, paragraph 12; SDLTM09885). The purchase then pays no 2% at all. This only works when both are buyers; it does not apply to other joint buyers, such as friends or unmarried partners.
Do you pay the 5% if you still own your home abroad?
Yes, unless the new home replaces it. The higher rates apply when, at the end of the completion day, the buyer owns another home worth £40,000 or more, and the law counts homes outside England (Finance Act 2003, Schedule 4ZA, paragraphs 3 and 17). A flat in Lisbon or a house in Madrid counts the same as one in Manchester. Moving to the UK does not change this, because the test is about ownership, not residence.
A buyer still living abroad who keeps their home there pays both surcharges:
| Line | Kind | Amount | Estimate range | Share of price |
|---|---|---|---|---|
| SDLT higher rates for an additional home (+5%) | Tax | £20,000 | 5.00% | |
| Stamp Duty Land Tax | Tax | £10,000 | 2.50% | |
| SDLT non-resident surcharge (+2%) | Tax | £8,000 | 2.00% | |
| Conveyancing solicitor (market rate) | Fee, estimate | £1,000 | £500 to £1,500 | 0.25% |
| Local searches | Fee, estimate | £350 | £250 to £450 | 0.09% |
| HM Land Registry fee (Scale 1) | Fee | £150 | 0.04% | |
| Taxes | £38,000 | 9.50% | ||
| Fees, typical | £1,500 | £900 to £2,100 | 0.38% | |
| Total on top of the price | £39,500 | £38,900 to £40,100 | 9.88% |
What if you sell your home abroad before or after buying?
The replacement rule covers a former main home anywhere in the world (Schedule 4ZA, paragraph 17(3) applies the worldwide test to paragraphs 3(6) and 3(7)):
- Sold before completion in England (within the previous 3 years): no higher rates.
- Sold after completion: the higher rates are paid first, then refunded if the old main home is sold within 3 years of buying the new one. GOV.UK says the claim must be made within 12 months of the sale, or of the filing date of the new return if later.
A buyer who has sold their main home abroad and is still non-resident on completion pays the 2% surcharge but not the 5% higher rates:
| Line | Kind | Amount | Estimate range | Share of price |
|---|---|---|---|---|
| Stamp Duty Land Tax | Tax | £10,000 | 2.50% | |
| SDLT non-resident surcharge (+2%) | Tax | £8,000 | 2.00% | |
| Conveyancing solicitor (market rate) | Fee, estimate | £1,000 | £500 to £1,500 | 0.25% |
| Local searches | Fee, estimate | £350 | £250 to £450 | 0.09% |
| HM Land Registry fee (Scale 1) | Fee | £150 | 0.04% | |
| Taxes | £18,000 | 4.50% | ||
| Fees, typical | £1,500 | £900 to £2,100 | 0.38% | |
| Total on top of the price | £19,500 | £18,900 to £20,100 | 4.88% |
Homes abroad that were never the buyer’s main home, such as a holiday flat or a rental, do not qualify for the replacement rule.
Can you be a first-time buyer in England after living abroad?
Only if no buyer has ever owned a home anywhere. HMRC counts a home or a share of a home anywhere in the world, whatever its value, including one inherited or given (SDLTM29845). A buyer who has never owned one gets the relief even before becoming UK resident, with the 2% on top:
| £350,000 home, first-time buyer | SDLT |
|---|---|
| Not yet UK resident | £9,500 |
| UK resident | £2,500 |
See first-time buyer stamp duty for the limits.
Is it cheaper to buy before or after you move?
In the end the tax is the same if the 2% comes back: buying first means paying it on completion and claiming it later. What does not change with the move is the 5%, because it depends on what the buyer owns. The sale of a former main home abroad is the step that removes or refunds it.
| Situation on a £400,000 home | SDLT paid on completion |
|---|---|
| Already UK resident, home abroad sold | £10,000 |
| Not yet resident, home abroad sold | £18,000 |
| Already UK resident, home abroad kept | £30,000 |
| Not yet resident, home abroad kept | £38,000 |
What this guide does not cover
- Income tax, capital gains tax and the statutory residence test, which are separate from the SDLT day count.
- Visas and immigration status: SDLT looks only at days in the UK, not at nationality or visa.
- Companies and trusts, which have their own residence rules.
- Scotland and Wales, which have their own purchase taxes that this site does not calculate.
For buying in other countries before moving, see moving abroad.
Work out SDLT for a buyer moving to EnglandQuestions people ask
Do I pay the non-resident stamp duty surcharge if I buy before moving to England?
Usually, yes. GOV.UK's test looks at the 12 months before the purchase: fewer than 183 days in the UK means the buyer is not UK resident for SDLT, so the 2% is paid when the return is filed within 14 days of completion.
Can I get the 2% back once I've moved to the UK?
Yes, if each buyer spends at least 183 days in the UK in a continuous 365-day period that starts no earlier than 364 days before completion and ends no later than 365 days after it. The claim is made by amending the SDLT return within 2 years of completion.
I still own my home abroad. Will I pay the 5% higher rates in England?
Yes, if it is worth £40,000 or more and you still own it at the end of the completion day, unless the home in England replaces it as your main home. If you sell your former main home abroad within 3 years of buying in England, you can claim the 5% back.
Can I be a first-time buyer in England if I owned a home abroad?
No. HMRC counts a home, or a share of one, owned anywhere in the world, including one inherited or given, whatever it was worth.
Is it cheaper to buy before or after becoming UK resident?
The tax is the same in the end if the 2% is reclaimed, but buying first means paying it at completion and waiting for the refund. The 5% depends on what you own, not on where you live, so moving does not change it.
Sources
- Stamp Duty Land Tax: residential property rates (non-UK residents)GOV.UK (HM Revenue and Customs)
- SDLTM09880: non-resident individuals, basic rule (Finance Act 2003, Schedule 9A, paragraph 4)HMRC Stamp Duty Land Tax Manual
- SDLTM09960: amending the return to reclaim the surchargeHMRC Stamp Duty Land Tax Manual
- Apply for a repayment of the non-UK resident Stamp Duty Land Tax surchargeGOV.UK (HM Revenue and Customs)
- SDLTM09885: spouses and civil partners of UK residents (Finance Act 2003, Schedule 9A, paragraph 12)HMRC Stamp Duty Land Tax Manual
- Stamp Duty Land Tax: buying an additional residential propertyGOV.UK (HM Revenue and Customs)
- SDLTM29845: definition of a first-time buyerHMRC Stamp Duty Land Tax Manual
- Finance Act 2003, section 76 (return within 14 days)legislation.gov.uk
Behind the figures
Every amount on this page is worked out by the engine from rule files that cite these pages.
- Which?: Conveyancing, what it is and what it costs (29 May 2026)Secondary source
- The Land Registration Fee Order 2024 (SI 2024/931)Official source
- GOV.UK: Stamp Duty Land Tax, residential property ratesOfficial source