In England, if you've paid too much Stamp Duty (SDRT or SDLT) due to an error, you can claim a refund from HM Revenue and Customs (HMRC). This guide will walk you through the process.
The Difference Between SDLT and SDRT
In the UK, both Stamp Duty Land Tax (SDLT) and Stamp Duty Reserve Tax (SDRT) are forms of taxation related to transactions, but they apply to different types of assets and are triggered under different circumstances.
Stamp Duty Land Tax (SDLT)
SDLT is a tax on the purchase or transfer of property or land in the UK where the amount paid is above a certain threshold. This includes both residential and non-residential properties, whether the purchaser is buying outright or with a mortgage. The rate of SDLT varies depending on the price of the property and whether it is your first home, additional property, or a corporate purchase.
For example, if you buy a house, a flat, or a plot of land, you will likely have to pay SDLT. The tax is calculated as a percentage of the property price, which is paid by the buyer. The percentage increases based on the price bracket the property falls into, making it a progressive tax.
Stamp Duty Reserve Tax (SDRT)
SDRT, on the other hand, is a tax that applies to electronic, paperless share transactions. It is generally payable on the purchase of shares and securities when they are transferred electronically and settled within the CREST system, rather than by a written instrument.
SDRT is charged at a flat rate of 0.5% of the purchase price of shares. For example, if you buy shares electronically through a broker, you will likely have to pay SDRT. The tax is typically automatically added to the purchase price when you buy the shares.
Key Differences
The key differences between SDLT and SDRT are:
Type of Asset: SDLT applies to transactions involving land and property, while SDRT applies to electronic transactions involving shares and securities.
Trigger for Tax: SDLT is triggered by the purchase or transfer of property or land, while SDRT is triggered by the electronic transfer of shares and securities.
Rate of Tax: The rate of SDLT varies depending on the value of the property and the circumstances of the buyer, while SDRT is charged at a flat rate of 0.5% of the purchase price of shares.
In summary, while both SDLT and SDRT are forms of stamp taxes in the UK, they apply to different types of transactions and assets.
What are the Stamp Duty Rates in the UK
As of 2024, the stamp duty rates in the UK vary depending on the location (England, Northern Ireland, Scotland, Wales) and the type of property purchase (residential, first-time buyers, additional properties). Here's a comprehensive overview:
Stamp Duty Rates in England and Northern Ireland
For Home Movers
Up to £250,000: 0%
£250,001 to £925,000: 5%
£925,001 to £1.5 million: 10%
Over £1.5 million: 12%
For First-Time Buyers
Up to £425,000: 0%
£425,001 to £625,000: 5%
Over £625,000: standard rates apply
For Second Homes
Up to £250,000: 3%
£250,001 to £925,000: 8%
£925,001 to £1.5 million: 13%
Over £1.5 million: 15%
Stamp Duty in Scotland (Land and Buildings Transaction Tax - LBTT)
For Home Movers
Up to £145,000: 0%
£145,001 to £250,000: 2%
£250,001 to £325,000: 5%
£325,001 to £750,000: 10%
Over £750,001: 12%
For Second Homes
Up to £145,000: 4%
£145,001 to £250,000: 6%
£250,001 to £325,000: 9%
£325,001 to £750,000: 14%
Over £750,001: 16%
Stamp Duty in Wales (Land Transaction Tax - LTT)
For Home Movers and First-Time Buyers
Up to £180,000: 0%
£180,001 to £250,000: 3.5%
£250,001 to £400,000: 5%
£400,001 to £750,000: 7.5%
£750,001 to £1.5 million: 10%
Over £1.5 million: 12%
For Additional Properties
Up to £180,000: 4%
£180,001 to £250,000: 7.5%
£250,001 to £400,000: 9%
£400,001 to £750,000: 11.5%
£750,001 to £1.5 million: 14%
Over £1.5 million: 16%
Paying Stamp Duty
The process of paying Stamp Duty Land Tax usually involves the following steps:
Determine Your Stamp Duty Liability: Based on the property's purchase price, location, and your specific circumstances.
Engage a Solicitor or Conveyancer: They typically handle the SDLT process.
Complete the SDLT Return: Even if the property is below the SDLT threshold.
Submit the Return and Make Payment: Within 14 days of completing the property transaction.
Proof of Payment: Receive an SDLT5 certificate, required for the property to be registered in your name.
Consider Stamp Duty Refunds: In certain circumstances, such as selling your previous main residence within 36 months.
Special Circumstances: Additional SDLT rates may apply for purchases in a company's name or as a non-UK resident.
Keep Records: For at least 5 years for future reference.
Regularly Check for SDLT Changes: Regulations and rates can change, especially around budget announcements.
Seek Professional Advice: If the property transaction is complex.
Understanding these stamp duty rates and how they apply to different types of property purchases is crucial for efficient financial planning and decision-making in property transactions across the UK.
The Possible Grounds to Claim Back Stamp Duty (SDLT) in England
Below, we'll explore the various grounds on which you may claim back stamp duty in England.
Overpayment of SDLT
One of the most common reasons for claiming back stamp duty is if you overpaid it in the first place. Mistakes can occur when determining the value of a property or misinterpreting the complex rules surrounding SDLT. If it transpires that you have paid more SDLT than you were required to, you can apply for a refund from HM Revenue and Customs (HMRC). It is advisable to involve a property solicitor in such cases to ensure all calculations and claims are correct.
Multiple Property Ownership
An additional 3% stamp duty is charged on purchases of additional residential properties. However, if you sell your main residence within three years of buying the additional property, you can claim back the extra 3% SDLT charged. This is particularly relevant for those who temporarily end up owning two homes, perhaps due to a delay in the selling process. It's crucial to note that you must make a claim for this refund within 12 months of the sale of your previous main residence or within 4 years of the end of the tax year in which you sold your previous main home.
Change in Property Status
If the status of the property changes after you have purchased it, you may be eligible for an SDLT refund. This might occur if a property purchased as an additional property becomes your main residence, or a residential property is converted into a non-residential property such as a business. In such cases, the SDLT paid may be recalculated, leading to a possible refund.
Purchase of an Annex
When you buy a property that has an annex (a separate living area with its facilities), the annex is considered a separate dwelling, and a higher rate of SDLT could be charged. However, if the annex is worth less than one-third of the total property value, you can claim back the additional stamp duty within three months of the transaction date or within 12 months of the filing date of the return, whichever comes later.
SDLT Exemptions Misunderstood
Certain transactions are exempt from SDLT, but you may not have been aware of these exemptions at the time of purchase. For example, SDLT is not payable on a property transferred due to divorce or dissolution of a civil partnership. If you've paid SDLT on a transaction that should have been exempt, you can apply for a refund.
Stamp duty can represent a significant expenditure when purchasing a property, so it's vital to understand the circumstances under which you may be able to claim a refund. Whether it's due to an overpayment, change in property status, or unawareness of SDLT exemptions, there are several situations where you might be entitled to reclaim this tax. In all cases, consider seeking professional advice to navigate the complex landscape of SDLT regulations effectively.
When the Amount Input to CREST Was Incorrect
If you've overpaid SDRT on a share transaction made through the CREST electronic system, you can claim a refund. To do so, you need to write to HMRC and provide the following information:
A signed letter of claim (this can be in PDF format)
Your CREST participant ID, which must match the ID that paid the tax in CREST
The CREST transaction ID (identifier) for the transaction you want an SDRT refund for
The amount of refund you're applying for
The repayment code, chosen from the tables shown, indicates why a refund is due
If the person who paid the SDRT gives you written authority to make a claim and relinquishes their rights over the money, HMRC can process the claim.
Repayment Codes
There are various repayment codes to indicate the reason for a refund. These include codes for exemption, incorrect or missing information input to CREST, and double SDRT payment. For example, code 1 indicates no change of beneficial owner, code 4 is for TSS Flag, and code 9 is for cancelled or rebooked trades, or duplicated trades.
Claiming a Refund for Multiple Transactions
If you're claiming for 15 or more transactions in a single application, you should compile the information into a spreadsheet and email it to HMRC. The spreadsheet should include the CREST Participant ID, CREST transaction ID, claim amount, and repayment code for each transaction.
Eligibility for SDLT Refunds
Understanding eligibility for SDLT refunds is crucial. Various conditions include refunds for second home surcharge, properties with annexes, and shared ownership exemptions for first-time buyers.
Second Home Surcharge Refund: If you sell your previous main residence within three years of purchasing a new home, you may be eligible for a stamp duty refund on the second home surcharge. The deadline for claiming the refund is 12 months from the sale of the previous main residence or from the filing date of the return for the new residence, whichever is later.
Properties with Annexes: Properties with a self-contained annexe on their grounds are considered a single dwelling, provided the main building is worth at least two-thirds of the property's total value. If you meet these criteria, you may be eligible for an SDLT refund.
Shared Ownership Exemptions for First-Time Buyers: First-time buyers participating in a shared ownership scheme may be eligible for SDLT refunds. This applies to properties purchased after November 22, 2017, where the value does not exceed £500,000.
Uninhabitable Buildings: If you have purchased an uninhabitable dwelling with the intention of renovation, you might be eligible for a refund. The SDLT surcharge for second homes or higher residential rates may not apply in these cases.
Shared-Ownership First-Time Buyers: First-time buyers who bought a shared-ownership home worth no more than £500,000 after November 22, 2017, may claim a refund if they did not claim the relief initially.
Exceptional Circumstances: In certain exceptional circumstances, such as delays caused by COVID-19 or actions taken by a public authority, you may still apply for a refund beyond the standard timelines.
The Possible Grounds to Claim Back Stamp Duty (SDRT) in England
Stamp Duty Reserve Tax (SDRT) is a tax charged on electronic paperless share transactions in the UK. While it is typically payable by the buyer of the shares, there are certain circumstances where individuals or corporations can claim back the SDRT paid. In the context of share transactions, we'll delve into the possible grounds for reclaiming SDRT in England.
Overpayment of SDRT
The overpayment of SDRT is a prevalent reason for claiming a refund. This could occur if there was an error in calculating the value of the shares or a misunderstanding of the complex rules governing SDRT. If it's found that you have paid more SDRT than necessary, you can apply for a refund from HM Revenue and Customs (HMRC). A financial advisor or a solicitor can guide you through this process to ensure accuracy.
Relief for Inter-Group Transfers
Under certain conditions, transactions between two companies in the same group qualify for an SDRT relief, exempting them from SDRT. If this exemption was not applied at the time of the transaction and SDRT was paid, you can claim a refund from HMRC.
Cancellation of Agreement to Transfer Shares
In instances where an agreement to transfer shares is made and SDRT is paid, but the agreement is later cancelled and no shares change hands, it is possible to claim back the SDRT paid. In this case, a claim should be made to HMRC detailing why the agreement was cancelled.
Over-Counter Share Sales
For over-the-counter share sales where an unconditional agreement is made but not completed within the stipulated time (usually six years), SDRT can be reclaimed. This is because the SDRT would have been paid based on the original agreement but is no longer due if the agreement was not executed.
Market Makers
In the UK, registered market makers are typically exempt from SDRT. These firms act as intermediaries, purchasing and selling shares to ensure market liquidity. If an entity that qualifies as a market maker has paid SDRT, they can claim a refund.
Relief for Share Issues to Depository Receipt Issuers or Clearance Services
There are specific SDRT reliefs for shares issues to a depository receipt issuer or a clearance service. If such relief has not been applied and SDRT was paid, a claim for a refund can be made.
Relief for Intermediate Transactions
An intermediate transaction is one where the transfer of shares or securities is part of a larger series of transactions. If these securities were not chargeable with stamp duty, SDRT relief might be available. For such relief, you must notify HMRC within a specific time frame.
Relief for Sub-Sale Transactions
A sub-sale transaction is where securities are purchased and then sold on before they are transferred to the original buyer. In certain circumstances, SDRT relief may be available for the original purchase. However, it's important to remember that this can be a complex area of tax law and obtaining professional advice is strongly recommended.
Relief for Company Mergers or Reconstructions
Certain company reconstructions or mergers may qualify for SDRT relief. This is generally the case when shares are transferred to another company as part of a merger or acquisition. Relief from SDRT is designed to avoid penalising businesses for strategic growth activities.
Claiming Back SDRT after a Failed Agreement
If you've entered into an agreement to purchase securities and paid SDRT, but the agreement is not completed, you can claim back the SDRT paid. You must notify HMRC within 6 years from the date the agreement was entered into, or if later, within 2 years from the date it was decided the agreement would not proceed.
Relief for Transfers between Depositary Receipt Issuers and Clearance Services
There's a relief from SDRT for transfers of securities to a depositary receipt issuer or a clearance service. This is subject to meeting certain conditions, and in some cases, the relief can be conditional.
Relief for Charities
Charities that purchase securities can also claim back SDRT. This relief is based on the condition that the securities are held for charitable purposes. The charity must also be recognised by HMRC to be eligible for the relief.
While the SDRT can represent a significant expense when trading securities, it's vital to be aware of the conditions under which you could claim a refund. Understanding these scenarios can help you better manage your tax liabilities and make more informed decisions. However, the rules surrounding SDRT can be complex, so professional advice should be sought when needed. It's also worth remembering that tax laws can and do change, and therefore staying updated is key to making sure you're not paying more tax than necessary.
Other Refunds
For transactions not made through CREST, you'll need to write to HMRC and explain why you believe a refund is due. You should provide:
The original receipt for the SDRT that was paid, if one was issued
The trade date
The names of the parties involved
Information about why a refund is due, along with any supporting documents
How the SDRT was paid
When the SDRT payment was made
HMRC will check the details of your claim and may request more supporting information if necessary. If they agree with the refund, they'll repay the SDRT, usually along with interest, from the date when the tax was paid.
How to Claim Back SDRT?
Establishing the Grounds for a Claim
Before initiating a claim, it's essential to establish on what grounds (as explained above) you're eligible for a refund. You may be able to claim back SDRT if you have overpaid, the agreement was not completed, the transaction qualifies for relief such as in intermediate, sub-sale transactions or company mergers, or the shares were transferred to a charity. Consult a tax adviser or solicitor if you're unsure whether your situation qualifies for a refund.
Contacting HMRC
Once you've established the grounds for your claim, the first step to claim back SDRT is to contact the Stamp Taxes team at HMRC. You can do this by post or email.
Submitting the Correct Forms
Depending on the basis of your claim, there may be specific forms to complete. For example, if you're claiming SDRT due to a failed agreement, you should complete form SH03. For claims based on relief for company reconstructions or acquisitions, form STAC should be used. Ensure you provide all requested details to avoid delays in the processing of your claim.
Providing Supporting Documentation
Alongside the necessary forms, you'll need to provide supporting documentation. This will generally include the original agreement to purchase securities, evidence of SDRT payment, and any documents that support your claim, such as confirmation of a failed agreement.
Await HMRC Response
Once your claim and all necessary supporting documents have been received, HMRC will review your claim. The length of time this takes can vary. If your claim is successful, HMRC will provide a refund of the SDRT paid, typically by cheque.
What to Do if Your Claim is Rejected
If HMRC rejects your claim, you have the right to ask for a review. If you're still dissatisfied following the review, you may appeal to the tax tribunal. It's recommended to get professional advice before appealing a decision.
Timescales for Making a Claim
The time limit for making a claim depends on the basis of your claim. For overpayment, you can claim within 4 years of the date the tax was paid. For a failed agreement, the claim must be made within 2 years of the date it was decided the agreement would not proceed, or 6 years from the date the agreement was made, whichever is later.
Stamp Duty Surcharge
Since April 2016, the rates of stamp duty were increased for second homes and buy-to-lets (excluding caravans, mobile homes, or houseboats). Buyers have to pay a 3% surcharge on top of existing Stamp Duty Land Tax (SDLT) rates.
Stamp Duty Refund
Buyers can claim a stamp duty refund if they sell their main residence within three years of completing a new home. If you bought your new main residence on or after January 1, 2017, you may be eligible to apply for a refund. The refund is the 3% surcharge – the amount above what you would have been charged had the house not been an additional property.
Where to Send Your Refund Request
You can contact HMRC by email or post to make a claim for a refund of SDRT. If you make a claim by email, you should include a signed letter of claim in electronic format. Do not email your bank details with your refund claim for security reasons. HMRC will contact you to arrange for your bank details to be sent securely once your request and information has been received.
Time Limit for Claiming a Refund
You can get a refund of overpaid SDRT as long as you claim a repayment within 4 years of whichever is the later of when the SDRT became due or when the SDRT was actually paid.
Common Issues and How to Resolve Them
Miscalculation of SDLT: This can occur due to misunderstanding the rules or incorrectly assessing the property's value. If you believe there has been an error, consult a professional and submit an amended return.
Missing Deadlines: Missing the deadline for a refund claim can lead to forfeiture of the refund. Always keep track of the deadlines relevant to your situation.
Incomplete Documentation: Ensure all required documentation is complete and accurate. Incomplete applications are a common reason for delays.
Challenging HMRC Decisions: If you disagree with HMRC's decision on your refund claim, you have the right to appeal. Ensure you understand the appeals process and seek professional advice if needed.
How to Apply for a Refund of SDLT?
You can use a solicitor or accountant to apply for a refund or do it yourself. You can apply using an online form or fill in the form on-screen form, print it off, and post it to HMRC. To apply online, you need a Government Gateway user ID and password, which you can create when you use the service.
HMRC will aim to process the repayment within 15 working days from the date it receives all the information it needs, which includes:
Your name and address
Details of the property that attracted the higher rates of SDLT, including date of purchase and SDLT unique transaction reference number
Details of the home you’ve sold, including date of sale, address of the property, and name of the buyer
Amount of tax paid on the property that attracted the higher rates of SDLT
How much tax you’re asking for repayment of
Bank account and sort code details of the person to receive the payment
Some Useful Tips for Claiming an SDLT Refund
Here's some additional information on claiming back stamp duty in England from the provided source:
Beware of Misleading Claims: Some firms are contacting property buyers suggesting that they have overpaid their Stamp Duty Land Tax (SDLT) and offering to help them reclaim it. However, experts warn that some of these claims may be too good to be true and urge property buyers to exercise independent judgment before making a claim.
Common Misconceptions: These firms often suggest that Multiple Dwellings Relief (MDR) has not been claimed or that the buyer could have paid non-residential rates of SDLT because the property was a mixture of residential and non-residential land or the property was uninhabitable. However, these claims are often based on contested interpretations of the law.
HMRC's Process: HMRC operates a “process now, check later" system for amendments to returns. This means that receiving a refund does not show that HMRC has approved or agreed to the reclaim; they have merely given effect to the taxpayer’s statutory right to change their self-assessment within one year. HMRC has up to 9 months to make a compliance check on your amended return or claim.
Responsibility of the Taxpayer: SDLT is a self-assessed tax, so even when making an amendment to a return, it is the responsibility of the taxpayer to form a reasonable and reasoned opinion of the application of the law to the facts. There are risks for claiming a refund when none is due.
Seek Professional Advice: If a buyer is considering whether they might have overpaid SDLT, a good starting point is to speak to the conveyancer who handled the transaction for them or to find a tax specialist who can give advice.
Beware of Aggressive Claims: Some firms are financially incentivised to make claims, even claims that are very aggressive. Therefore, it's important to independently verify whether a refund is due.
Conclusion: While SDLT is complicated and sometimes reliefs are overlooked, many unsolicited approaches are indeed "too good to be true" and responsible taxpayers should act with caution and check independently whether a refund is due.
Claiming back stamp duty in England can be a straightforward process if you follow the guidelines set by HMRC. Whether you've overpaid through the CREST system or by other means, you have the right to claim a refund within a specified time limit. Always remember to provide all the necessary details and documentation to facilitate your claim.
Which HMRC Forms are Used for Stamp Duty Refund
In the UK, various HM Revenue & Customs (HMRC) forms are used for Stamp Duty Land Tax (SDLT) purposes, including claiming refunds. These forms cater to different scenarios and complexities associated with property transactions. Here's an overview of the key forms and their specific uses:
SDLT1 Form: This is the main form used for most SDLT returns. It covers standard property transactions, whether residential or commercial. It's the primary form you'll complete when declaring a property purchase to HMRC.
SDLT2 Form: This form is necessary when a transaction involves more than two buyers or sellers. If there are over 99 additional buyers or sellers, a separate schedule containing all the details required on the SDLT2 form must be completed.
SDLT3 Form: Use this form when a transaction involves more than one property. You'll fill out the SDLT1 form for the first property and an SDLT3 form for each additional property. If there are more than 100 properties in the transaction, a separate schedule is needed.
SDLT4 Form: This is required for more complicated transactions, including commercial deals, complicated leases, and certain residential situations. Circumstances necessitating the SDLT4 form include transactions that are part of a business sale, involve a company as a buyer, or include uncertain consideration elements. It's also used when advice has been sought from HMRC on how the law applies to the transaction.
SDLT5 Certificate: After submitting your SDLT return correctly and completely, HMRC will issue an SDLT5 certificate. This certificate is necessary for registering the transaction with HM Land Registry.
SDLT8 Form: If there are mistakes in your paper SDLT1 return, HMRC will send you an SDLT8 form requesting the correct or missing information. Your SDLT5 certificate won't be issued until this information is received.
Online Forms for Repayment of Higher SDLT Rates: If you need to claim a refund for overpaid SDLT, particularly in scenarios involving the sale of a previous main residence and purchase of a new one, you can use the online forms provided by HMRC. These forms require details like your information, property details, previous main residence details, amount of tax paid, and bank details for receiving the repayment.
Each form has specific instructions and requirements, so it's essential to understand which form is relevant to your situation and how to correctly fill it out. The forms are available on the HMRC website, and you can either fill them out online or download them for postal submission. Remember, accurate and timely submission of these forms is crucial to avoid delays or penalties.
Why is it a Good Idea to Get Professional Help to Claim Back Stamp Duty in England?
Stamp Duty Land Tax (SDLT) is a complex area of taxation in England, with many potential reliefs and exemptions that can be difficult to navigate. When it comes to claiming back overpaid stamp duty, the process can become even more intricate. This is where professional help comes into play. Here's why it's a good idea to seek professional assistance when claiming back stamp duty in England.
Understanding the Complexity of SDLT
Stamp Duty Land Tax is a self-assessed tax, meaning it's the responsibility of the taxpayer to accurately calculate and pay the correct amount. The rules surrounding SDLT are intricate and multifaceted, with various reliefs and exemptions that can apply under certain circumstances. A professional tax advisor or conveyancer has the expertise to understand these complexities and can provide guidance tailored to your specific situation.
Avoiding Misleading Claims
There are firms that contact property buyers suggesting that they have overpaid their SDLT and offer to help them reclaim it. However, some of these claims may be too good to be true. These firms often suggest that Multiple Dwellings Relief (MDR) has not been claimed or that the buyer could have paid non-residential rates of SDLT. These claims are often based on contested interpretations of the law. A professional can help you discern between legitimate and misleading claims, ensuring you only pursue valid refunds.
Navigating HMRC's Process
HM Revenue and Customs (HMRC) operates a “process now, check later" system for amendments to returns. This means that receiving a refund does not necessarily mean that HMRC has approved or agreed to the reclaim. HMRC has up to 9 months to make a compliance check on your amended return or claim. A professional can help you understand this process and what to expect, providing guidance and support throughout.
Mitigating Risks
There are risks associated with claiming a refund when none is due. If HMRC determines that a refund was not due, the taxpayer is liable to pay back all the tax that was refunded, with interest, and may also have to pay a penalty of up to 100% of the tax refund. A professional can help mitigate these risks by ensuring that your claim is valid and that you have a reasonable and reasoned opinion of the application of the law to the facts.
Seeking Impartial Advice
If there is a good case for seeking a repayment, often the taxpayer can deal with it themselves, or obtain specialist help without having to pay a percentage of the tax saving. A specialist can give impartial advice based on the law and HMRC’s published practice, whereas a claims firm has a conflict of interest: they are financially incentivised to make claims, even claims that are very aggressive.
While it's possible to navigate the process of claiming back overpaid stamp duty on your own, the complexities and potential pitfalls make it a good idea to seek professional help. A professional can provide the expertise and guidance needed to navigate the process, avoid misleading claims, understand HMRC's process, mitigate risks, and provide impartial advice.
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