Recovering 3% SDLT surcharge but selling to Ltd co?Make Text Bigger
I wondered if anyone could advise me on a question relating to the 3% surcharge on SDLT for additional properties and in particular when replacing a main residence.
I currently own three properties (my main residence and two buy to let properties). If I was to replace my main residence this year by purchasing a new property, but within 3 years of this sell my previous main residence to my ltd company will I be eligible to recover the additional 3% surcharge on SDLT which will have been payable at the time of the new purchase (on the basis that I was replacing my main residence and no longer own the original main residence in my name)?
Editors Note: HMRC click here
You can apply for a repayment of the higher rates of Stamp Duty Land Tax (SDLT) for additional properties because you’ve sold what was previously your main home if you’re:
- the main buyer of the property which attracted the higher SDLT rates
- the agent acting for them
You must have sold your previous main residence within 3 years of paying the higher SDLT rates to qualify for a refund.
HM Revenue and Customs must have your request within 3 months of the sale of your previous main residence or within 12 months of the filing date of the return, whichever’s later.
To apply for a repayment you can:
- use the online form (sign in or set up a Government Gateway account)
- fill in the form on-screen, print it off and post it to HM Revenue and Customs
Send the completed postal form to:
HM Revenue and Customs
BT – Stamp Duty Land Tax
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