Stamp Duty Confusion

molto

Hello, I have a question regarding stamp duty that I am hoping someone will be able to provide some clarity on. I have read a lot of information regarding similar situations to mine but nothing precisely the same. I will try to explain it:-
I currently live in a rented property.
Earlier this year my brother and I each inherited a 50% share each in 2 houses, one in England and one in Scotland. Our intention is to sell both houses and to split the proceeds 50/50.
A few weeks ago a situation arose that was best dealt with by me purchasing a flat for a relative to live in for a period of time, after this time I will rent or sell the flat, that will be in 1-2 years time. My purchase of the flat is currently with solicitors being progressed.
Of the 2 houses we are selling, the one in England has a sale in progress, will probably complete in November.
The other day I saw a property I want to buy for myself to live in, I made an offer which has been accepted and solicitors have just been instructed.
The house we wish to sell in Scotland will take a bit longer to prepare so will probably be sold after everything else is dealt with.
So the timeline as it stands will probably look like this:-


1. House in England sold
2. Flat purchased
3. House purchased
4. House in Scotland sold


I am expecting to have to pay the higher (second home) rate of stamp duty on the flat and on the house I am buying, however I am hoping that I will be able to claim back the difference on the house I am buying for myself once the house in Scotland has been sold.
Has anyone been through anything similar and if so could you share your experience? If I am wrong and am not able to claim the stamp duty difference back on the house I am buying for myself to live in then that would be a big loss.
Thank you.

Slinky

Have you actually lived in any of these properties as your home? If not, I have a feeling, you may not be able to claim the extra back because I think (you need to check) that the refund only applies when you are replacing your main home, which it appears not to be the case here (your current rental appears to be your main residence).

anselld

At each purchase you are buying an additional residential property so additional SDLT applies.

At no point are you replacing your main residence so reclaim does not apply.

SDLT_Geek

It seems likely that the higher rates will not apply to the first of the two properties you buy. That is because the 50% shares in the inherited properties do not “count against” you for higher rates purposes for three years after you acquire them by inheritance.

Also it will be relevant whether you have ever owned a property which you have lived in or otherwise disposed of. Especially if you can complete the purchase of the property to live in by 26 November.