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  • FIRST POST
    • Maisydaisy
    • By Maisydaisy 15th May 18, 6:30 PM
    • 2Posts
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    Maisydaisy
    SDLT first time buyer
    • #1
    • 15th May 18, 6:30 PM
    SDLT first time buyer 15th May 18 at 6:30 PM
    My partner and I recently bought a house but are unsure if we can claim back the SDLT relief. My partner inherited property last year but this was with 4 other people so essentially he herited 1/5. In the guidance it says you needed a major interest - would he still be classed as ftb as he only had 1/5? His name was on the deeds along with 3 others.
Page 1
    • 00ec25
    • By 00ec25 15th May 18, 7:44 PM
    • 6,634 Posts
    • 6,209 Thanks
    00ec25
    • #2
    • 15th May 18, 7:44 PM
    • #2
    • 15th May 18, 7:44 PM
    My partner and I recently bought a house but are unsure if we can claim back the SDLT relief. My partner inherited property last year but this was with 4 other people so essentially he herited 1/5. In the guidance it says you needed a major interest - would he still be classed as ftb as he only had 1/5? His name was on the deeds along with 3 others.
    Originally posted by Maisydaisy
    have you read the rules?
    https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property

    to reclaim SDLT paid at the higher rate you must have sold (or "disposed of") a property which was your previous main/only home?

    are you married to him?
    did he live there whilst an owner?
    did you live with him whilst he was there as an owner?
    Last edited by 00ec25; 15-05-2018 at 7:46 PM.
    • Maisydaisy
    • By Maisydaisy 16th May 18, 12:58 AM
    • 2 Posts
    • 0 Thanks
    Maisydaisy
    • #3
    • 16th May 18, 12:58 AM
    • #3
    • 16th May 18, 12:58 AM
    It was never lived in. It was inherited and then sold before we bought our house, which was a day after the new ftb rules were intruduced regarding sdlt.
    • Tom99
    • By Tom99 16th May 18, 1:50 AM
    • 2,379 Posts
    • 1,606 Thanks
    Tom99
    • #4
    • 16th May 18, 1:50 AM
    • #4
    • 16th May 18, 1:50 AM
    If your partner was the legal or beneficial owner of this previous property then you were not FTBs so no Stamp Duty to reclaim.
    Are you sure that the legal/beneficial interest was transferred to your partner? Normally a property left to several beneficiaries is sold by the estate and just the disposal proceeds distributed.
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