Stamp Duty Reclaim

[SuperSpurs106]

Hi

I have two clients (father and daughter) who own a property (main residence) as tenants in common. Father only owns his share of this property but Daughter owns her share of this property and a holiday home.

If they were to buy a new main residence (and pay the SDLT 3% surcharge) and then sell the current main residence, would Father be able to reclaim the 3% surcharge on his share? Also, if anyone has a link to the answer, that would be great.

Thanks in advance.

[SuperSpurs106]

I have been informed that HMRC would treat the transaction as a whole and would not give a partial refund to the party who did not own a holiday home.

[bd6759]

Both parties are acquiring a new residence and disposing of an interest in a previous residence. The whole 3% could be reclaimed as both parties meet the requirement.