3% Stamp Duty Tax

[george price]

I bought a small flat a few years ago and decided to let it out whilst still living with my parents to help provide a future pension to replace the one my employer opted out of.
I have now bought a house jointly with my fiance, getting married in 3 months, but it appears we are jointly liable for the whole 3% stamp duty tax, even though, my fiance is a first time buyer and really should not be liable for half the tax.
I am sure lawyers and tax experts are looking at this unfair tax targetting only the small landlord, however, in the meantime we have to make provision for an extra £15,000 ouch.
As we have 2 years to dispose of the btl thereby depriving us of a future small pension, is there some other way to avoid the 3% sdt ?
Thank you

[Chewbacca11]

In order qualify for a refund of the surcharge your previous flat must have been your only or main residence at some point during the 36 months leading up to your new purchase. How long you lived in a previous main residence is not relevant. You have 36 months from completion on new purchase to apply for your refund with HMRC, who should then make a full refund.

Did you live in the BTL at all in the past 3 years? If not, I do not believe you will be able to avoid the 3% SDLT surcharge.

[george price]

Yes did live in it briefly in between lets within the past 3 years, I did not know about this get out of the 3% stamp duty clause and was not so advised by my accountant or solicitor, is this accurate information and where can I verify it?
Thanks

[someone]

You can apply for the refund here:
https://www.gov.uk/government/publicati ... properties

(which you do after selling a previous main residence) - You can work your way through the form now, at the end it produces something you print out, sign and send back - so no harm trying it out now to see what information is required although, obviously, you can't actually claim the refund until a sale has been done.

As Chewbacca11 says, it has to have been a main residence. It's not sufficient to have just lived in it (as a second home)

If you had no other home (including a home at your parents), changed bank address etc then it would count but if you were just living there while decorating prior to get new tenants and had another home as your main home (even if rented) then you won't be eligible.

I don't know if you can get confirmation from HMRC whether they will accept it as a main home before selling. But I guess the worst possible outcome would be to sell it and then discover that you're still not eligible for the refund.

If the flat is only in your name then it might be possible to transfer it into your wife's name (after marriage) and still trigger the 3% refund - however there might be yet more SDLT to pay if there's a mortgage involved on the property.

[george price]

I have a joint mortgage with my wife (to be at end of this month) on my (our) new home, she is a first time buyer, I hoped to not have to sell my flat as it is part of my long term retirement plan.