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Buy to Let - Stamp Duty refund
English_Surrey_Rose
Posts: 2 Newbie
Still different from the last thread I read about BTL Stamp duty. So, I met my partner who owned a property, I moved in and eventually we married. He never put me on the mortgage or deeds to the matrimonial home. I bought a BTL solely in my name. 3% stamp duty paid as I already "owned" a house in the eyes of the law. We are now divorcing, I have left the matrimonial home and the BTL currently has tenants in situ. I am now in the process of purchasing a house for myself and the BTL is sold subject to contract. Am I able to claim the stamp duty back on the BTL?
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You can claim, don't think you'll get it.1
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How long ago did you buy the BTL?0
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Was the But to Let in England, so the relevant stamp duty is stamp duty land tax?English_Surrey_Rose said:Still different from the last thread I read about BTL Stamp duty. So, I met my partner who owned a property, I moved in and eventually we married. He never put me on the mortgage or deeds to the matrimonial home. I bought a BTL solely in my name. 3% stamp duty paid as I already "owned" a house in the eyes of the law.
We are now divorcing, I have left the matrimonial home and the BTL currently has tenants in situ. I am now in the process of purchasing a house for myself and the BTL is sold subject to contract. Am I able to claim the stamp duty back on the BTL?
If so, there is no basis whatsoever on which you can claim back the extra 3% SDLT paid on the BTL.
Have you thought about the stamp duty on the upcoming purchase? If that is in England you will need to think about the 3% extra SDLT again. If you have completed the sale of the BTL by the time the purchase completes and do not have a share in the former matrimonial home, then the extra 3% should not be due on the upcoming purchase. (Even if you are not fully divorced by then, it sounds as if you will be separated in circumstances likely to be permanent).
You could be in trouble though if you complete the purchase before you complete the sale of the BTL.0
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