Stamp Duty Land Tax Reclaims: A Covid Update
If you’ve been caught with an SDLT surcharge as a result of purchasing a second property then there may well be a bit of relief available to you if the COVID lockdown in the UK has meant that you have exceeded the three-year reclaim window.
There have been somerelaxations in respect of COVID for most taxes, and following a written ministerial
statement by the Financial Secretary to the Treasury and in light of the
coronavirus pandemic’s impact on the housing market, HMRC has updated its
guidance on exceptional circumstances for claiming an SDLT refund outside of
the normal time limits. This will allow homeowners to apply for a refund of the
higher rate of SDLT even if the previous home was not sold within the
three-year time limit, where that period came to an end on or after 1 January
2020.
HMRC has updated its guidance on exceptional circumstances that
allow refunds following a sale outside of the normal three-year limit to
specifically include the impact of COVID-19 preventing the sale. The updated
guidance can be found here.
allow refunds following a sale outside of the normal three-year limit to
specifically include the impact of COVID-19 preventing the sale. The updated
guidance can be found here.
The written ministerial statement also advises that once this reason has ended,
the previous home must be sold as soon as practicable to be able to apply for
the refund. The claim must include an explanation of why the taxpayer was unable
to sell the previous home within three years. Decisions will be made by HMRC on
a case-by-case basis.
the previous home must be sold as soon as practicable to be able to apply for
the refund. The claim must include an explanation of why the taxpayer was unable
to sell the previous home within three years. Decisions will be made by HMRC on
a case-by-case basis.
It is not exactly a panacea, but where the sale or marketing of
the sale was delayed by COVID, then we can apply for a refund in writing, the
forms for which can be found here.
the sale was delayed by COVID, then we can apply for a refund in writing, the
forms for which can be found here.