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If you sell your previous main residence within three years, and. you claim the refund within three months of the sale of your previous main residence, or within 12 months of the filing date of your SDLT tax return, whichever comes later.
To be clear;
You can request a refund for the amount above the normal Stamp Duty rates if:
If used fr BTL that does not change the refund
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You can claim back for your self if you sale your property even if he is on the new
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Makes no difference
No you cannot pay the lower rate.