SDLT Refund

maggiesoup

Wonder if anyone could help me help my son.  He's abroad just now with dodgy wi-fi so I'm posting on his behalf.

Girlfriend and him owned two flats.  Bought first in Edinburgh (when they both lived here) and 2 years ago bought a small flat in London (where they both live now)  Jointly paid around £22,000 in SDLT at the time.  

Sadly they split up about 6 months ago (amicably).  He's transferred the Title to his sole name for the Edinburgh flat and she has done the same for the London flat.   

He's been told they should be able to claw back some (or all??) of the SDLT. I thought it unlikely but I'm no tax expert.

He's self employed and looked at trying to do it through HMRC but finding it too difficult and has asked if I could find a tax specialist to do it.  I'm old school and will always try to see if there's a way of doing it before enlisting a, possibly, expensve specialist.  He's not back from the trip until beginning of March and I'm wondering if there is a cut off period?

  

Any comments from you lovely people out there?  

Thanks

user1977

maggiesoup said:

He's been told they should be able to claw back some (or all??) of the SDLT.

Been told by whom, and on what basis?

SDLT_Geek

maggiesoup said:

Wonder if anyone could help me help my son.  He's abroad just now with dodgy wi-fi so I'm posting on his behalf.

Girlfriend and him owned two flats.  Bought first in Edinburgh (when they both lived here) and 2 years ago bought a small flat in London (where they both live now)  Jointly paid around £22,000 in SDLT at the time.  

Sadly they split up about 6 months ago (amicably).  He's transferred the Title to his sole name for the Edinburgh flat and she has done the same for the London flat.   

He's been told they should be able to claw back some (or all??) of the SDLT. I thought it unlikely but I'm no tax expert.

He's self employed and looked at trying to do it through HMRC but finding it too difficult and has asked if I could find a tax specialist to do it.  I'm old school and will always try to see if there's a way of doing it before enlisting a, possibly, expensve specialist.  He's not back from the trip until beginning of March and I'm wondering if there is a cut off period?

  

Any comments from you lovely people out there?  

Thanks

It seems clear that he is not entitled to any SDLT refund.  That is because they bought the London property jointly and one of the joint owners (your son) has retained ownership of the Edinburgh flat (their previous home). 

If your son sells the Edinburgh flat within three years of the purchase of the London flat, then the two of them jointly might well be entitled to a refund of the extra (3%?) SDLT they paid on the London flat. 

maggiesoup

user1977 said:

maggiesoup said:

He's been told they should be able to claw back some (or all??) of the SDLT.

Been told by whom, and on what basis?

Just a friend from what I can gather, maybe should ask him!

maggiesoup

SDLT_Geek said:

maggiesoup said:

Wonder if anyone could help me help my son.  He's abroad just now with dodgy wi-fi so I'm posting on his behalf.

Girlfriend and him owned two flats.  Bought first in Edinburgh (when they both lived here) and 2 years ago bought a small flat in London (where they both live now)  Jointly paid around £22,000 in SDLT at the time.  

Sadly they split up about 6 months ago (amicably).  He's transferred the Title to his sole name for the Edinburgh flat and she has done the same for the London flat.   

He's been told they should be able to claw back some (or all??) of the SDLT. I thought it unlikely but I'm no tax expert.

He's self employed and looked at trying to do it through HMRC but finding it too difficult and has asked if I could find a tax specialist to do it.  I'm old school and will always try to see if there's a way of doing it before enlisting a, possibly, expensve specialist.  He's not back from the trip until beginning of March and I'm wondering if there is a cut off period?

  

Any comments from you lovely people out there?  

Thanks

It seems clear that he is not entitled to any SDLT refund.  That is because they bought the London property jointly and one of the joint owners (your son) has retained ownership of the Edinburgh flat (their previous home). 

If your son sells the Edinburgh flat within three years of the purchase of the London flat, then the two of them jointly might well be entitled to a refund of the extra (3%?) SDLT they paid on the London flat. 

This would appear to make sense.  I'll mention this when he next gets in touch.  Thankyou.