Stamp duty refund - selling second property

mothershark7

Hi, I wonder if anyone can help. 
We bought a house 12 months ago but didn't sell our existing property as the new property needed  planning permission and extensive work for us to be able to move in and fit the family in (2 bed property needed converting to 4 bed). We've had a change in circumstances so accepted an offer on the house and are now staying in the original house. 
Am I entitled to a stamp duty refund for the higher rate I paid for purchasing a second property? 
The house sat empty for 12 months whilst we were waiting on planning permission and we're selling for less than we bought so haven't made any profit out of the property.
I've seen a lot of advice around refunds on second properties if changing main residence but nothing on buying and selling the same second property within the 3 year period. 
Any advice much appreciated.
Thanks

Flugelhorn

probably the same as buying and selling the same second property any other time, can't claim the money back. I think it would only be if you had moved in and sold your original home 

mothershark7

Ahh ok thank you 

SDLT_Geek

mothershark7 said:

Hi, I wonder if anyone can help. 
We bought a house 12 months ago but didn't sell our existing property as the new property needed  planning permission and extensive work for us to be able to move in and fit the family in (2 bed property needed converting to 4 bed). We've had a change in circumstances so accepted an offer on the house and are now staying in the original house. 
Am I entitled to a stamp duty refund for the higher rate I paid for purchasing a second property? 
The house sat empty for 12 months whilst we were waiting on planning permission and we're selling for less than we bought so haven't made any profit out of the property.
I've seen a lot of advice around refunds on second properties if changing main residence but nothing on buying and selling the same second property within the 3 year period. 
Any advice much appreciated.
Thanks

The property is in England, so the relevant stamp duty is stamp duty land tax?

If so, this is not a circumstance where you are entitled to a refund of SDLT.

saajan_12

mothershark7 said:

The house sat empty for 12 months whilst we were waiting on planning permission and we're selling for less than we bought so haven't made any profit out of the property.
Thanks

This is precisely the situation that the higher rate SDLT rules are trying to target.. where there's an additional property owned and especially when its empty. So there wouldn't be any refund for this case. I understand that wasnt' the intention, but that's where its ended up. 

The (lack of) profit is addressed via CGT which will be zero, but not relevant to the question of SDLT.