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Where Taxpayers and Advisers Meet

Stamp Duty refund

RachieAT
Posts:2
Joined:Thu Sep 28, 2017 11:21 am
Stamp Duty refund

Postby RachieAT » Thu Sep 28, 2017 11:26 am

I am current buying a BTL as a limited company however within the next year I want to transfer ownership of the property to my parents. My parents currently have a residential property which they are trying to sell. Couple of questions, can I or they claim back the 3% surcharge on Stamp duty that we paid to purchase the BTL? I have read lots of gov info and forums but not got the answer. Thanks!

SDLT Geek
Posts:232
Joined:Sun Apr 30, 2017 5:45 pm

Re: Stamp Duty refund

Postby SDLT Geek » Fri Sep 29, 2017 10:57 am

No, the higher rates of SDLT are not recoverable in these circumstances.

RachieAT
Posts:2
Joined:Thu Sep 28, 2017 11:21 am

Re: Stamp Duty refund

Postby RachieAT » Fri Sep 29, 2017 1:04 pm

Thank you for the reply. What if my father is a director in the company does this make any difference?

Mine and my husbands name is on the mortgage, we could move to the property instead if this is the only option to recover the surcharge.

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Stamp Duty refund

Postby bd6759 » Fri Sep 29, 2017 5:38 pm

SDSLT is paid on land transactions. The company bought the property and paid the approporiate amount. There are no provisions to have that amount reduced when the company disposes of the proeprty. In fact, that event is likely to precipitate a further SDLT charge.


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