Our previous Stamp Duty Land Tax (SDLT) article of 12 June 2020 discussed an extension to the exceptional circumstances rule, where a sale of a previous home had taken longer than 3 years to complete.  This would normally restrict the ability to claim a refund of the higher rate SDLT paid.

HMRC’s manuals have been updated to include additional information regarding the exceptional circumstances.  These state relief can be claimed where a person:

  • Was prevented from disposing of their previous home, within 3 years, due to circumstances which could not have been foreseen, and
  • It was sold as soon as possible afterwards.

A claim for relief can only be made after the property has been sold.  It is then at HMRC’s discretion whether to accept the claim and issue the refund.

If you think that you may be at risk of having difficulty selling your home, please do get in touch and our Senior Tax Manager Lucy Orrow can discuss your options.

The views expressed in this article are the personal views of the Author and other professionals may express different views. They may not be the views of Lambert Chapman LLP. The material in the article cannot and should not be considered as exhaustive. Professional advice should be sought in connection with any of the issues contained in the article and the implementation of any actions.

Lambert Chapman Chartered Accountants

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