HMRC SDLT: SDLTM09809 – SDLT – higher rates for additional dwellings – Condition D – claiming a refund

SDLT Higher Rates for Additional Dwellings: Condition D

This section of the HMRC internal manual provides guidance on claiming a refund for Stamp Duty Land Tax (SDLT) higher rates on additional dwellings under Condition D. It explains the criteria and process involved in making a refund claim.

• Eligibility criteria for claiming a refund.
• Steps to follow for submitting a refund claim.
• Documentation required to support the claim.
• Time limits for submitting a refund application.

SDLT – Higher Rates for Additional Dwellings – Condition D – Claiming a Refund

Overview of SDLT and Higher Rates

Stamp Duty Land Tax (SDLT) is a tax you pay when buying property in England and Northern Ireland. There is a standard rate for residential properties, but an additional higher rate applies if you are buying an additional property, such as a second home or a buy-to-let investment.

If you paid this higher rate but later sold your main home, you might have overpaid SDLT due to Condition D. In this case, you can claim a refund from HM Revenue and Customs (HMRC).

Eligibility for a Refund

To claim a refund under Condition D, you must meet specific conditions:

– You must have paid the higher SDLT rate when purchasing your new property.
– You must have sold your previous main residence.
– You believe that the sale of your previous home means you overpaid the SDLT on your new property.

When to Claim a Refund

The time limit for claiming a refund depends on when you sold your previous main residence:

If You Sold Your Previous Home On or After 29 October 2018

You have a choice. You can claim your refund:

– Within 12 months of the sale date of your previous main residence, or
– Within 12 months of the date you filed the SDLT return for your new property.

You should choose the later of the two dates.

If You Sold Your Previous Home On or Before 28 October 2018

For those who sold their main residence on or before this date, you also have options for claiming your refund:

– Within 3 months of the sale date of your previous main residence, or
– Within 12 months of the date you filed the SDLT return for the new property.

Again, you should take the later date option for claiming your refund.

How to Apply for a Refund

To apply for a refund of the higher SDLT paid, you can visit the official government webpage. Here are the steps to follow:

1. Go to the page specifically dedicated to applying for a refund: Apply for a Refund Now.
2. Fill in the required details regarding your sale and purchase.
3. Ensure you submit your claim within the specified time limits discussed earlier.
4. Prepare to provide any necessary documentation to support your claim, as HMRC may require proof of the sale of your previous main home.

Documentation You May Need

When applying for a refund, HMRC may ask for certain documents to process your claim. Keep the following on hand:

– A copy of the SDLT return for the new property.
– Proof of the sale of your previous main residence, which could include:
– The completion statement from the sale.
– An estate agent’s confirmation.
– Any correspondence from the buyer.

This documentation will help demonstrate that you were eligible for the refund.

Important Points to Remember

Here are some key things to remember when considering a refund:

– Always check and ensure you are eligible to claim.
– Timing is important; be aware of the deadlines so that you do not miss out on your refund.
– Keep all receipts and records related to the property sale and purchase for your records and to support your claim.
– You can track the status of your refund claim through the HMRC website.

Contacting HMRC

If you have questions or concerns while claiming your refund, you can contact HMRC for assistance. They have a dedicated helpline for inquiries regarding SDLT:

– Phone: 0300 200 3510 (for calls within the UK)
– You can also reach out via their web chat option available on their official guidelines page.

Taking advantage of resources like HMRC’s official site can help ensure you understand the refund process properly and provide you with the necessary support.

Conclusion

It is essential to be aware of your rights when it comes to SDLT and understand how to claim any potential refunds you may be eligible for. If you believe you have overpaid because of Condition D, utilise the information provided to ensure you submit your claim correctly and on time.

Useful article? You may find it helpful to read the original guidance here: HMRC SDLT: SDLTM09809 – SDLT – higher rates for additional dwellings – Condition D – claiming a refund

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