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Claiming stamp duty refund - anyone done it?

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    ambc wrote: »
    Ah, ok. B*gger! So what's the test for that?
    Did she live there within the three years before October 2017, so after October 2014?

    She bought this property in 2008 ish.
    Lived in it until around 2012 ish, at which point the water damage rendered it uninhabitable for almost 18 months until insurance eventually sorted it out. At that time, we began renting somewhere else together, and we've had tenants in (and out!) since some point in 2013.
    And that's a no.

    I'm now assuming from your info that we/she won't be able to class this as a 'primary residence', and therefore can't claim a refund? Is that correct?
    Correct.

    So as far as your SDLT liability at the time went, you owned one property (not primary residence), and were buying an additional one. +3% was always going to be due, never going to be reclaimable.

    The reclaimability is to help those who are trying to sell their home and buy a replacement home, so would not be liable for the +3% even though they have additional properties, but who are finding that sale delayed.
  • ambc
    ambc Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    'Scuse me for a minute...

    AAAAARRRRRGHGHGHGHGHHGHGH.

    That is all.
  • SDLT_Geek
    SDLT_Geek Posts: 2,890 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    I agree that the 3% extra paid in 2017 on the house is not reclaimable by virtue of a sale of the flat unless your wife lived in the flat as her only or main residence at some time in the three years leading up to the date of the October 2017 purchase.


    The situation could be saved if, say, between 2014 and 2017 you both lived in a property which you owned and have sold when married to each other. Could you be lucky and that be the case? Or if you were unlucky, you were both renting from about 2012 up to 2017.
  • ambc
    ambc Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    edited 31 January 2019 at 5:14PM
    SDLT_Geek wrote: »
    Could you be lucky and that be the case?

    Quickly realising that we don't seem to be able to do 'lucky'. At least not when it comes to this flat. :)

    Yep, we were renting exclusively between 2012 and 2017. The flat just wasn't big enough for us (inc. kids) to live in, unfortunately.

    Just some terrible timing all round, I guess.

    Thanks.
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