Can you get a refund of the 3% additional rate of SDLT on the purchase of a main home?

Home Forums Patrick Cannon Can you get a refund of the 3% additional rate of SDLT on the purchase of a main home?

This topic contains 3 replies, has 1 voice, and was last updated by Can you get a refund of the 3% additional rate of SDLT on the purchase of a main home? by Patrick Cannon 1 Patrick 23rd August 2016 at 11:30 am.

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  • #789 Reply
    Can you get a refund of the 3% additional rate of SDLT on the purchase of a main home? by Patrick Cannon 2
    Misbah

    I have a buy to let property I’ve owned for many years and am now looking to buy a house to live in with my family. I put the buy to let on the market to avoid additional stamp duty levies altogether but this property has remained on the market for a long time and in this time we’ve found the ideal property. I’ve never had a “main residence” and the buy to let is the property I have ever owned. Can I not claim a refund on the additional stamp duty if, for example, within 6 months of buying our new and only main residence the buy to let gets sold?

    #790 Reply
    Can you get a refund of the 3% additional rate of SDLT on the purchase of a main home? by Patrick Cannon 3
    Patrick

    I’m afraid you cannot get the main residence replacement exemption because you have not previously owned one so your only hope is to dispose of your buy to let before acquiring your new residence. This is harsh but is explained at 5.1 of my guide to the new 3% additional rate in the news section of my site. The only consolation is that the guy who designed this terrible new tax is out of a job and probably watching daytime TV.

    #791 Reply
    Can you get a refund of the 3% additional rate of SDLT on the purchase of a main home? by Patrick Cannon 2
    Justin Bryant

    I agree with your comments, but what if this chap is married & his wife has previously sold her main residence. Does that work?

    #792 Reply
    Can you get a refund of the 3% additional rate of SDLT on the purchase of a main home? by Patrick Cannon 3
    Patrick

    Thanks Justin and yes this would work on your facts.

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