SDLT first time buyer

Maisydaisy

My partner and I recently bought a house but are unsure if we can claim back the SDLT relief. My partner inherited property last year but this was with 4 other people so essentially he herited 1/5. In the guidance it says you needed a major interest - would he still be classed as ftb as he only had 1/5? His name was on the deeds along with 3 others.

00ec25

Maisydaisy wrote: »

My partner and I recently bought a house but are unsure if we can claim back the SDLT relief. My partner inherited property last year but this was with 4 other people so essentially he herited 1/5. In the guidance it says you needed a major interest - would he still be classed as ftb as he only had 1/5? His name was on the deeds along with 3 others.

have you read the rules?
https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property

to reclaim SDLT paid at the higher rate you must have sold (or "disposed of") a property which was your previous main/only home?

are you married to him?
did he live there whilst an owner?
did you live with him whilst he was there as an owner?

Maisydaisy

It was never lived in. It was inherited and then sold before we bought our house, which was a day after the new ftb rules were intruduced regarding sdlt.

Tom99

[FONT=Verdana, sans-serif]If your partner was the legal or beneficial owner of this previous property then you were not FTBs so no Stamp Duty to reclaim.[/FONT]
[FONT=Verdana, sans-serif]Are you sure that the legal/beneficial interest was transferred to your partner? Normally a property left to several beneficiaries is sold by the estate and just the disposal proceeds distributed.[/FONT]