Skip to main content
Property · SDLT

The 2% non-resident SDLT surcharge

If you're a non-UK resident buying a UK residential property, an extra 2% Stamp Duty surcharge applies on top of the standard bands — and on top of the 3% additional-rate surcharge if you own other property. The residency test is specific to SDLT (different from your income tax residency) and runs over the year either side of completion. This is the 2026/27 mechanic, who counts as "non-resident", and how to reclaim the 2% once you've established UK residence.

5-minute read

The 2% non-resident SDLT surcharge applies to any UK residential purchase by a non-UK resident. It stacks on top of the standard SDLT bands and the 3% additional-rate surcharge — so a non-resident landlord buying a £500,000 buy-to-let pays standard SDLT plus 3% (additional rate) plus 2% (non-resident) on the entire price. The SDLT residency test is different from the income tax SRT: you need to be present in the UK for at least 183 days during a continuous 365-day period that includes the year before or after the transaction.

Who counts as "non-resident" for SDLT

The Statutory Residence Test you use for income tax does not apply here. SDLT has its own residency test — simpler but stricter.

You are UK-resident for SDLT if you were present in the UK on at least 183 days in any continuous 365-day period in the two years either side of the purchase. Specifically:

If neither window can be filled with 183 days of UK presence, you're non-resident for SDLT purposes and the surcharge applies.

"Day of presence" generally means being in the UK at the end of the day (midnight test) — same as the SRT.

How the 2% stacks with other surcharges

The 2% non-resident surcharge applies on top of all other rates. For a non-resident buying an additional property (i.e. they own another home anywhere in the world and the UK property is not their main residence), the total SDLT can reach 19% in the top band:

Slice of priceStandard+3% surcharge+2% non-residentTotal
£0 – £250,0000%3%2%5%
£250,001 – £925,0005%3%2%10%
£925,001 – £1,500,00010%3%2%15%
£1,500,001+12%3%2%17%

For a non-resident first-time buyer not buying an additional property, the 3% doesn't apply but the 2% non-resident surcharge does. Net: standard rates + 2%.

Worked example

Hong Kong-based investor buys a £750,000 London flat as a second home

Standard SDLT (£0 + £33,750 + £0)£25,000
3% additional rate (3% × £750,000)£22,500
2% non-resident (2% × £750,000)£15,000
Total SDLT£62,500 (8.3%)

If the same buyer establishes UK residency (183+ days within 365 days post-completion) and claims the refund, they recover £15,000 — bringing the total to £47,500 (6.3%).

How to reclaim if you become resident after the purchase

If you become UK-resident in the year after completion — i.e. you spend 183+ days in the UK in a continuous 365-day window starting within 12 months of the purchase — you can reclaim the 2% non-resident surcharge. The claim is made on form SDLT8FA (different from the 3% refund form).

The deadline is two years from the date of the purchase, which gives the buyer maximum time to establish 183 days of UK presence.

Evidence required:

HMRC can request day-by-day breakdowns of UK presence. Keep contemporaneous records — a spreadsheet of arrival/departure dates with boarding passes or e-ticket evidence.

Joint purchases — non-resident with UK resident

If you and a co-owner (e.g. spouse) jointly buy and one is non-resident and the other is UK-resident, the entire purchase is treated as non-resident if any of you is non-resident — even if the UK-resident owner's share is the larger one.

This is one of the most common surcharge surprises for cross-border families. The fix is often to wait until both spouses can clear the 183-day test, or to structure the purchase via a UK-resident company.

Companies and trusts

If a UK residential property is bought via a non-UK company or trust, the 2% surcharge applies based on the entity's place of effective management (broadly: where it's centrally managed and controlled). UK-tax-resident companies don't trigger the surcharge.

For trusts, the SDLT residency test applies to the trustees as a group. If one or more trustees are non-resident and the trust holds UK property, the surcharge can apply. Specialist advice is essential — see the tax adviser recommendation.

Common traps

Sources and methodology

The rules above follow HMRC's SDLT non-UK resident surcharge guidance and Schedule 9A of the Finance Act 2003. The 2% surcharge took effect on 1 April 2021 and continues to apply in 2026/27. This page is educational only and not legal or tax advice — for a complex cross-border purchase, see the tax adviser recommendation. The methodology page documents sources and review cadence.

Editorial accountability
Open Trust Centre →

Every page is reviewed against the editorial standards, written from primary sources, sourced openly, and corrected publicly. No affiliate revenue. No sponsored content. No paid placements.

Editorial standards Editorial process Corrections policy How we make money Editorial team Methodology