Stamp Duty deadline

NightSky888

I am looking to see if I can get some help.

I bought a a property in 2021 and paid higher rate stamp duty as technically it was a second home. I then sold my first home in March 2022.

I was thinking that I would be able to reclaim the additional stamp duty I paid via my 2021/22 tax return - this got delayed for different reasons and when my accountant had it ready, it was late March. It was only then that my accountant told me that there was a separate claim form for Higher rate Stamp Duty. When I have looked at the requirements, it says that the claim form has to be submitted within 12 months of the sale of the first property.

From HMRCH webpage:-

Properties sold on or after 29 October 2018

If you sold your previous main residence on 29 October 2018 or later, HMRC must have your request within 12 months of the sale of that previous main residence, or within 12 months of the filing date of the return relating to the new residence, whichever is later.

It is now just over 12 months since the sale of the main residence and I have yet to submit - getting some information from the solicitors and then it's ready to go. Does anyone know how strict HMRC are with this?. I appreciate a deadline is a deadline but the higher rate SDLT was paid and the main residence was sold so I feel I should be entitled to this money. If I can't get it back via this claim, is there another route?

I'd very grateful for any help.

NS

SDLT_Geek

NightSky888 said:

I am looking to see if I can get some help.

I bought a a property in 2021 and paid higher rate stamp duty as technically it was a second home. I then sold my first home in March 2022.

I was thinking that I would be able to reclaim the additional stamp duty I paid via my 2021/22 tax return - this got delayed for different reasons and when my accountant had it ready, it was late March. It was only then that my accountant told me that there was a separate claim form for Higher rate Stamp Duty. When I have looked at the requirements, it says that the claim form has to be submitted within 12 months of the sale of the first property.

From HMRCH webpage:-

Properties sold on or after 29 October 2018

If you sold your previous main residence on 29 October 2018 or later, HMRC must have your request within 12 months of the sale of that previous main residence, or within 12 months of the filing date of the return relating to the new residence, whichever is later.

It is now just over 12 months since the sale of the main residence and I have yet to submit - getting some information from the solicitors and then it's ready to go. Does anyone know how strict HMRC are with this?. I appreciate a deadline is a deadline but the higher rate SDLT was paid and the main residence was sold so I feel I should be entitled to this money. If I can't get it back via this claim, is there another route?

I'd very grateful for any help.

NS

You have now found the right guidance https://www.gov.uk/government/publications/stamp-duty-land-tax-apply-for-a-repayment-of-the-higher-rates-for-additional-properties and I agree the time limit is within 12 months of the completion of the sale of the old property.

I have found HMRC fairly strict with the time limit, though sometimes a claim for "overpayment relief" quoting Finance Act 2003 / Schedule 10 / para 34 has worked.

NightSky888

Thanks so much for taking the time to respond @ SDLT_Geek. 

Am I right in thinking I would use overpayment relief via my next tax return or could I get it sooner?

Thanks again.