Additional stamp duty claim back

BellsPops

My husband and I both owned flats before we were married. I moved into his flat and then just before we got married he bought a house in his name solely which is our main residence. He would like to sell his flat so he can claim
back the additional stamp duty paid. We are unsure if he can do this given we are now married and I still own a flat. Any insight welcome. Thanks 

housebuyer143

How long ago did he live in the flat? I believe he should be able to reclaim as he is disposing of his main residence and purchasing another main residence.

Bookworm105

in principle he can reclaim but it all comes down to meeting the two time limits:

1. If you sell or give away your previous main home within 3 years of buying your new home you can apply for a refund of the higher SDLT rate part of your Stamp Duty bill.
Higher rates of Stamp Duty Land Tax - GOV.UK (www.gov.uk)

2. If you sold your previous main residence on 29 October 2018 or later, a refund must be claimed within 12 months of whichever comes later out of the:

• sale of the previous main residence
• filing date of the SDLT return relating to the new residence
  

Apply for a refund of the higher rates of Stamp Duty Land Tax - GOV.UK (www.gov.uk)

SDLT_Geek

BellsPops said:

My husband and I both owned flats before we were married. I moved into his flat and then just before we got married he bought a house in his name solely which is our main residence. He would like to sell his flat so he can claim
back the additional stamp duty paid. We are unsure if he can do this given we are now married and I still own a flat. Any insight welcome. Thanks 

As others have said, it will be important to have other information, such as:

1.  Was he living in his flat as his only or main residence before he bought the house (if not immediately before, then at least within the three years before).

2.  Did he sell the flat within three years after buying the house?

3.  Did he sell the flat within the last one year?

Because he was not married at the time he bought the house, then assuming that at the time he was the only owner of the house, your property owning position is not relevant to his SDLT position on the purchase of the house (even though he has married since).