Reclaiming stamp duty

PWichPete · 10 August 2019 at 1:55PM

Hi,
I’m buying a house and have been told I’ll have to pay the higher rate of stamp duty. Any help would be appreciated.

1) I’m separated from my wife but we’re only just going through the divorce process, which hasn’t concluded yet.
2) I used to be on the mortgage and deeds at her house, but no longer am.
3) I have no intention of making a claim on her house, i have already received equity.
4) we haven’t lived together for quite a while, I’m currently renting.
5) I don’t believe my ex will be selling her house within 3 years and I won’t be asking her to.

Does anyone know if I can claim the difference back between the higher rate and standard rate? If so, how? Any help or tips most appreciated.
Thanks!

Tom99 · 10 August 2019 at 4:53PM

'This treatment does not apply if the married couple are either legally separated (by court order or deed of separation) or they are, in fact, separated in circumstances in which the separation is likely to be permanent [Para 9(3) and section 1011 Income Tax Act 2007].'

https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09820

SDLT_Geek · 10 August 2019 at 5:39PM

The quote Tom99 has posted indicates that the extra 3% SDLT will not have to be paid in the first place if it is clear you have parted with your interest in her house and do not have any other property interests and you are separated in circumstances likely to prove permanent.

Reclaiming stamp duty

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