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Where Taxpayers and Advisers Meet

Refund after transfer of equity?

Abijane02
Posts:1
Joined:Mon Jan 24, 2022 9:13 am
Refund after transfer of equity?

Postby Abijane02 » Mon Jan 24, 2022 9:19 am

Hi there

Me and my partner split up last year and the divorce is currently going through. I bought a new house in March 2021 and had to pay the additional 3% SDLT as at the time I still had 50% ownership of my old house with my ex.

Now the transfer of equity has gone through, is it possible for me to reclaim that 3%?

Thanks

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

Re: Refund after transfer of equity?

Postby SDLT Geek » Sun Feb 06, 2022 3:33 pm

Once you have parted with all legal and beneficial interest in the former matrimonial home, I would expect you to qualify for a refund of the extra 3% you paid on your new home. You can check that the conditions are met by looking at the set of four conditions set out in HMRC's Manual at SDLTM09800.

It would also be important that at the time of your March 2021 purchase you and your spouse were separated in circumstances likely to be permanent.


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