Additional stamp duty

[Deleted User]

I have inherited my late mother’s home 50/50 with a sibling at the same time I am buying a house. My solicitors have said I have to pay an extra £3900 in stamp duty as my new purchase is classed as a second home, but I can claim this back when my late mother’s house, which is now sold STC, completes. Has anyone had this experience, and how easy is it to reclaim the stamp duty from HMRC? Thanks in advance for any advice.

Slithery

Is the property being sold by the estate or has it been put into your names?
If the former then no extra SDLT to pay, as the property never legally belongs to you.
If it's the later then the additional SDLT will be due, but you can only claim this back if the property you're inheriting has been your main residence in the last 3 years.

SDLT_Geek

Deleted_User said:

I have inherited my late mother’s home 50/50 with a sibling at the same time I am buying a house. My solicitors have said I have to pay an extra £3900 in stamp duty as my new purchase is classed as a second home, but I can claim this back when my late mother’s house, which is now sold STC, completes. Has anyone had this experience, and how easy is it to reclaim the stamp duty from HMRC? Thanks in advance for any advice.

There is another point, additional to the ones which @Slitherymakes, which is likely to help you here.  There is a rule that for the 3% surcharge one does not "count" for three years a share in an inherited property, so long as the share does not exceed 50%. https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09795