Refund of Stamp Duty on first house if I sell within 3 years

alex132

I am living in west midlands and my partner already have her first flat, she bought in year 2019. 
We are getting marry and plan to purchase a house next year May 2021 because of the financial deposit. I am not going to use the stamp duty holiday currently. 

Let say she buy a house (second property in England) where we pay for stamp duty and then sell her flrst flat within 3 years, does she able to get refund of the stamp duty fee for her first flat in year 2019 where she paid like £6,000?

anselld

No.  The SDLT on the flat is long gone. 
She will pay the additional 3% on top of the normal stamp duty on the second house.  If she sells the flat (assuming it is her residence) within three years the additional 3% can be reclaimed.  

AdrianC

No.

She owns one property, A, now.
She buys another property, B. She will pay +3% on the purchase of B, if she does not sell A.
If A was her primary residence, and B becomes her primary residence, then when she sells A, she will get back the +3% on the purchase of B.

alex132

anselld said:

No.  The SDLT on the flat is long gone. 
She will pay the additional 3% on top of the normal stamp duty on the second house.  If she sells the flat (assuming it is her residence) within three years the additional 3% can be reclaimed.  

Thanks.
Can you clarify what is the "additional 3% can be reclaimed"? Is this 3% additional of first flat or 3% additional of the house that I going to buy?

alex132

AdrianC said:

No.

She owns one property, A, now.
She buys another property, B. She will pay +3% on the purchase of B, if she does not sell A.
If A was her primary residence, and B becomes her primary residence, then when she sells A, she will get back the +3% on the purchase of B.

Sorry, is the +3% is the additional of normal stamp duty OR just 3% of let say £250,000 stamp duty?

anselld

From April 2021 ..
    Normal SDLT on £250k would be £2,500
    Additional 3% would be £7,500
    Total £10,000
  It is the £7,500 which could be reclaimed.

sheramber

alex132 said:

anselld said:

No.  The SDLT on the flat is long gone. 
She will pay the additional 3% on top of the normal stamp duty on the second house.  If she sells the flat (assuming it is her residence) within three years the additional 3% can be reclaimed.  

Thanks.
Can you clarify what is the "additional 3% can be reclaimed"? Is this 3% additional of first flat or 3% additional of the house that I going to buy?

Are you buying in your sole name or will it be joint names?

alex132

sheramber said:

alex132 said:

anselld said:

No.  The SDLT on the flat is long gone. 
She will pay the additional 3% on top of the normal stamp duty on the second house.  If she sells the flat (assuming it is her residence) within three years the additional 3% can be reclaimed.  

Thanks.
Can you clarify what is the "additional 3% can be reclaimed"? Is this 3% additional of first flat or 3% additional of the house that I going to buy?

Are you buying in your sole name or will it be joint names?

Joint name most probably, what is your advice on this?
Will it sole name better?

SDLT_Geek

If the two of you are married at the time of the purchase then it makes no difference to the 3% SDLT surcharge whether one of you buys alone or if you buy jointly.

alex132

SDLT_Geek said:

If the two of you are married at the time of the purchase then it makes no difference to the 3% SDLT surcharge whether one of you buys alone or if you buy jointly.

If we both registered as partner.
I am first time buyer for the house B, and put only my name, it will be just first time stamp duty.
And my partner continue own the current flat A, and she does not need pay any additional stamp duty on house B.

Does it make sense?

SDLT_Geek

If you do not first marry and you alone buy the new property, then the extra 3% SDLT should not apply.  But this would not work if she has any underlying share in the new property.