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TaxRobin
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Are you able to help with SDLT enquiries? Not yet, so my

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Hi are you able to help with SDLT enquiries?
JA: Have you talked to a tax professional about this?
Customer: Not yet
JA: Anything else you want the Accountant to know before I connect you?
Customer: Hello, so my husband and I have 1 property each. We currently reside in mine and my house is in my name only. His property is in his name only and is a BTL. We are about to purchase a new house and I will rent mine out for approx 1 year and then sell. As this new 3rd property will technically be my second it will come with a higher SDLT rate. Will I be able to claim back the higher SDLT I paid as once I sell my BTL as I will no longer own 2 properties?

Hello and thank you for allowing me to assist you.

Customer: replied 3 months ago.
Sorry, to be clear, I'm asking about only claiming back the difference between the higher rate and standard property rate.

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:

  • 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.
Customer: replied 3 months ago.
the fact that it was a BTL does not matter?

If used fr BTL that does not change the refund

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Customer: replied 3 months ago.
what about if my husband is also on the mortgage and/or the deeds to the new property, can I still claim back the difference? He will therefore still have 1 property as a BTL in his name and a stake in our new main residence.

You can claim back for your self if you sale your property even if he is on the new

You are most welcome.
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Customer: replied 3 months ago.
Or, is it more beneficial that the new house deeds/mortgage is in my name only.

Makes no difference

Customer: replied 3 months ago.
Thanks, ***** ***** that I have to pay the higher rate of SDLT now and claim back the difference later, but I'd be interested in knowing if there is a way that I can pay the standard rate. For example could I transfer my property to my partner so that he had 2 BTLs in his name and then I went ahead with the new purchase and it would be my only property.

No you cannot pay the lower rate.

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