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You can find the current article at its original source at https://www.theguardian.com/money/2017/aug/14/buying-flat-separating-higher-stamp-duty-refund
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| I'm buying a flat as I'm separating – can I reclaim the higher stamp duty? | I'm buying a flat as I'm separating – can I reclaim the higher stamp duty? |
| (6 months later) | |
| I want to move out of the marital home and this flat would be the only property in my name | |
| Virginia Wallis | |
| Mon 14 Aug 2017 07.00 BST | |
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| Q My husband owns the house we live in. Things are strained between us and I have decided to buy a flat so I can move out. My solicitor mentioned that I would have to pay the 3% surcharge on stamp duty. I can cover this at the moment and I really want to buy the flat on which I have put down an offer. | Q My husband owns the house we live in. Things are strained between us and I have decided to buy a flat so I can move out. My solicitor mentioned that I would have to pay the 3% surcharge on stamp duty. I can cover this at the moment and I really want to buy the flat on which I have put down an offer. |
| However, I am unsure whether I can claim this stamp duty back if we separate because this would be the only property in my name. The stamp duty is substantially more – in the region of £12,000. If you could shed some light on claiming stamp duty back in case of a divorce or separation I would greatly appreciate it. PF | However, I am unsure whether I can claim this stamp duty back if we separate because this would be the only property in my name. The stamp duty is substantially more – in the region of £12,000. If you could shed some light on claiming stamp duty back in case of a divorce or separation I would greatly appreciate it. PF |
| A According to guidance on the higher rate of stamp duty by HM Revenue & Customs (HMRC), you will be able to claim a refund. As soon as you are legally separated or are separated “in circumstances in which the separation is likely to be permanent”, you and your husband will no longer be treated as one under the stamp duty rules. So you will not be seen as owning two properties as you would be if you were still living with your husband. | A According to guidance on the higher rate of stamp duty by HM Revenue & Customs (HMRC), you will be able to claim a refund. As soon as you are legally separated or are separated “in circumstances in which the separation is likely to be permanent”, you and your husband will no longer be treated as one under the stamp duty rules. So you will not be seen as owning two properties as you would be if you were still living with your husband. |
| If you owned a share of the marital home, you could claim a refund as soon as you disposed of that share, provided this was within three years of your acquiring your new home. The way you claim the refund is by filling in what HMRC says is a “simple” form. | If you owned a share of the marital home, you could claim a refund as soon as you disposed of that share, provided this was within three years of your acquiring your new home. The way you claim the refund is by filling in what HMRC says is a “simple” form. |
| There will be no refund available to another reader currently renting a home but intending to buy somewhere for his family to live. Even though he is buying what will be his main residence, the fact that he already has a buy-to-let flat means he will have to pay the higher rate of stamp duty. However, if he were to sell the buy-to-let within three years of buying the family home, a refund would be available. | There will be no refund available to another reader currently renting a home but intending to buy somewhere for his family to live. Even though he is buying what will be his main residence, the fact that he already has a buy-to-let flat means he will have to pay the higher rate of stamp duty. However, if he were to sell the buy-to-let within three years of buying the family home, a refund would be available. |
| Stamp duty | |
| Ask the experts: homebuying | |
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| HMRC | |
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