Anybody had issues with stamp duty refund process?

TWOC

I bought a second property in June 2021 that then became my main residence

I am confident that I am entitled to a stamp duty refund on that purchase, IF I sell my original property within three years, i.e. June 2024

I am currently considering an offer that will leave me little time to complete the purchase but, as it is cash with no chain, my solicitor is confident - either way, it will be very tight 

The potential deal is lower than I want so, to make it work, I need to successfully claim the stamp duty refund

Does anybody have any experience of the stamp duty refund process, particularly where things have gone not as expected?

For example, if I miss the deadline by a day, is there a process to appeal? Has anybody got a refund less than expected in processing their claim? etc

Many thanks in advance 

propertyrental

No appeal. You either sell within 3 years or you don't.

My own claim for SDLT when I sold my main residence went through quickly and smoothly.

SDLT_Geek

TWOC said:

I bought a second property in June 2021 that then became my main residence

I am confident that I am entitled to a stamp duty refund on that purchase, IF I sell my original property within three years, i.e. June 2024

I am currently considering an offer that will leave me little time to complete the purchase but, as it is cash with no chain, my solicitor is confident - either way, it will be very tight 

The potential deal is lower than I want so, to make it work, I need to successfully claim the stamp duty refund

Does anybody have any experience of the stamp duty refund process, particularly where things have gone not as expected?

For example, if I miss the deadline by a day, is there a process to appeal? Has anybody got a refund less than expected in processing their claim? etc

Many thanks in advance 

I assume that the property you bought in England, so the "stamp duty" you are talking about is stamp duty land tax.  Is that right?

If so, I agree with @propertyrental with a slight caveat.

The three year rule used to be absolutely strict, but they introduced an exception for unexpected circumstances, largely to deal with the market shut down during the pandemic.  It seems unlikely that you would fall within that exception.  It is not possible to get advance clearances, one can only apply afterwards.  I understand they are strict.  https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09807

TWOC

Any view on whether the three years includes the same day at start and finish?

In other words, as I sold on 24 June 2021, does that mean I have until 23 June 2024 (which it could be argued is three years) or 24 June 2024?

If my sale still happens, I think it will get very close to the exact three years and, with 22 & 23 June being a weekend, I might need to complete by 21 June if 24 June does not qualify as part of the three year window 

user1977

24 June would be 3 years and a day, in my view.

SDLT_Geek

TWOC said:

Any view on whether the three years includes the same day at start and finish?

In other words, as I sold on 24 June 2021, does that mean I have until 23 June 2024 (which it could be argued is three years) or 24 June 2024?

If my sale still happens, I think it will get very close to the exact three years and, with 22 & 23 June being a weekend, I might need to complete by 21 June if 24 June does not qualify as part of the three year window 

The legislation at Finance Act 2003/Sch4ZA/para3(7A) uses the expression "permitted period".  The element you are interested in is worded: "the period of three years beginning with the day after the effective date of the transaction concerned". 

So if your purchase completed on 24 June 2021 then it looks as if the permitted period runs from 25 June 2021 to 24 June 2024.

One would never want to take it that close to the wire.  Something could get delayed at completion, for example a transfer of the money. 

Strictly the time periods work on "effective dates", usually the date of completion, but it can be earlier, for example if early possession is taken.

TWOC

Thank you for your response 

This wording looks promising in my favour: "the period of three years beginning with the day after the effective date of the transaction concerned"

Due to the complex nature of the transaction (still not agreed), it will definitely go close to the final date - if anything I'm already probably too late