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Stamp duty refund

Hi

Need some advice .

Before my wife and I met we had our own properties . We then moved into her house in 2010 and rented my flat out. Her house was classed as both our main residences for council tax etc. November 2013 we sold her house and moved into rental accommodation .

July 2016 we bought our new home . When we bought the house last year , we were told we had to pay the higher rate SDLT, as I had my flat still . I have just agreed a sale price for the flat and all being well it will be sold by the end of the month

Various websites / people have given me differing information. So I've got 2 questions

1. Did I have to pay the higher rate tax in the first place
2. Would I be able to claim a refund for the higher rate stamp duty. The key issue is it seems we sold our main residence and bought a new residence within 3 years

Cheers

Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Please read HMRC's Guidance Note on the subject and if you still require help then come back for clarification.
  • andrewjb3
    andrewjb3 Posts: 46 Forumite
    Eighth Anniversary 10 Posts
    When did you marry?
    Looks like you bought in July 2016 within 3 years of selling your main residence. So shouldn't have paid the extra 3% in the first place?
  • Thanks Pixie

    Andrew ... we've been married nearly nine years . It's the 3 year rule where we think we were badly advised by our solicitor . The more I read into this the more I think we shouldn't have paid .
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