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Can you reclaim on Stamp Duty Land Tax payments?

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If you have had to pay the extra 3% SDLT because your old home wasn’t sold by the time you purchased your new home, you need to make sure you reclaim the extra SDLT which has been paid to HMRC. Whilst the form for claiming back the extra SDLT is not complex there is a time limit in which a claim needs to be made.

The time limit is whichever of the following two dates are later:

  1. 3 months from the sale of the old home; and
  2. 12 months after the original filing date for the extra SDLT paid on the new home purchase. The filing date is 30 days after the completion of the purchase.

There are two key points to remember:

  1. A repayment claim can only be made if both the old and the new home were your main residence;
  2. The old main residence must be sold within 36 months of purchasing the new main residence.

It is important to seek professional legal advice to ensure you meet the necessary criteria for reclaiming. If you have any queries please contact Tom Lacey, Chartered Tax Adviser at Moore Blatch solicitors on 01590 625845 or tom.lacey@mooreblatch.com.

 

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