Reclaiming stamp duty

Lucy8340

I am hoping someone out there can help me with this dilemma as I have read various things online, my solicitor hasn't been able to give a clear answer and neither could HMRC when I rang them. They then advised me to send my query in a letter but I have not had a response.

I bought a house as my primary residence in 2013. After one year of living in it I moved overseas for work and the house has been rented out for the last 4 years. I have now moved back to the UK but to a different area due to my work. I am now looking to buy a new property with my partner and am aware I need to pay £2500 stamp duty plus the £7500 stamp duty for already owning a property. Looking at various websites, I have noticed that I may be eligible to claim that £7500 back if I sell my first property within 3 years. Does anyone know if that is case as I also read that if I haven’t lived in it for 3 years I can’t reclaim the £7500. The house was only rented out as I had to move overseas for work.

Thanks in advance for any help

Tom99

You need to kick your tenant out and move back in as your main residence for a while.

SDLT_Geek

You are not entitled to reclaim the 3% on your 2019 property if you later sell your 2013 property. That is because you have not lived in it as your only or main residence at any time within the three years leading up to the 2019 purchase.

The ruse of moving into the 2013 property temporarily would not work: it would not make it your “residence”.

It sounds as if you need to sell or otherwise dispose of the 2013 property before you complete your 2019 purchase.

Unless you owned a home where you were working and have sold that?