Higher rate stamp duty refund or wishful thinking?

JadEle

In 2021 I bought my first home to live in, at this time I already partially owned (joint with a family member) two buy-to-let properties. For this reason when buying my first home to live in I paid the higher rate of stamp duty.

Now I am in the process of selling one of the buy-to-lets, if the sale completes before three years from when I bought my home in 2021, can I reclaim the difference between the higher rate and normal rate of stamp duty paid that I paid in 2021? 

My confusion comes as I understand if you are selling your primary residence to buy your next primary residence and there is some overlap, as long as you sell within three years you can claim back. But I have never lived in the buy-to-lets, I previously rented a place to live until I bought my first home in 2021. 

Is the ability to claim back higher rate stamp duty simply based on the number of properties you have? 

e.g I owned two, bought one with higher rate stamp duty, and within three years now own two again, therefore can claim back. Or is it dependent on selling your primary residence?

This is in England in case that makes a difference.

 

Many thanks for any clarifications.

user1977

It needs to be replacing your main residence, so no in your case.

sheramber

You need to be replacing ( by selling or giving away) you main residence.

Selling one of the buy to lets doesn't  count.

JadEle

Thank you both for taking the time to answer, that's pretty clear then.