Return of Stamp duty on BTL / second home ...

Return of Stamp duty on BTL / second home ...

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LDN

Original Poster:

8,911 posts

204 months

Monday 24th July 2017
quotequote all
I've asked something similar before but - we want to sell a property; we bought it one year ago and paid the extra (second home) stamp duty. We were told by our accountant that we could sell the property within three years, to get that extra stamp duty back.

So today I set the wheels in motion and tell my accountant - who now says that whilst I do have three years to claim it back; a form MUST be filed within 12 months of the stamp duty being paid on the original purchase - to allow us the option of stamp duty return. This is news to me and so I email my solicitor - who did the original purchase; he knows nothing and has been on the HMRC website looking for an answer.

I am going to be calling HMRC later on to try and get a definitive answer - but really this is what I pay my accountants / solicitors for... to know about this stuff. I'm pretty frustrated as; if a form DOES have to be filed within 12 months of the original stamp being paid - then I may be a couple weeks out / and a lot of money out of pocket.

Why aren't these new rules made simple and why aren't the people who's job it is to understand them; able to give an exact answer?

Rant over.

Does anyone here know the ins and outs of this?

LDN

Original Poster:

8,911 posts

204 months

Monday 24th July 2017
quotequote all
Agreed. I have spoken with HMRC and they were helpful but admitted it comes down to the discretion of the team in each case where the waters are murky.

In my case, I had a previous residence and so did my partner - hers became a BTL and mine also. But this was our first official main residence as a couple / joint purchase and our previous homes, whilst still owned - are now rental properties. The chap on the phone sounded a little confused with it all and admitted it could be worth writing in with great detail of the situ'. These new rules are fine when every situ is black white cut and dry but many, like me, won't be in that situation .

I think it's a joke that things like this are up to discretion. We're talking tens of thousands of pounds and it could come down to what kind of day the 'team' are having. But in the space of a morning, I've had three different answers as to the likely outcome. It's very frustrating.

LDN

Original Poster:

8,911 posts

204 months

Monday 24th July 2017
quotequote all
Agreed. I'm still angry about this; because knowing what the outcome will be, could determine our plan of action / price to accept on the sale of the property.

It's not right that it should be this complicated and vague.