Claim Back Stamp Duty: Who’s Entitled, and How Do You Claim?


It is said that overpayments in stamp duty to HMRC has amounted to £2 billion in recent years, which has led more and more people to look into how to claim stamp duty back. 

But, who is entitled? And, how do you claim back stamp duty overpayments? 

In this guide, we’ll cover: 

  • What a stamp duty refund is 
  • How to claim stamp duty back 
  • How to make the process more straightforward
  • When stamp duty might not apply 
  • How we can help you to claim stamp duty back 

So, without further ado, let’s take a look at how to claim stamp duty back with Stamp Duty Claims

If you have bought a second home, but you think you might have paid too much stamp duty, just get in touch to speak with one of our expert consultants

What is a stamp duty refund?

There are different rates of stamp duty land tax (SDLT), which vary depending on the base price of the property, ownership, and how the buyer intends to use the property. Generally, there will be an additional rate added to the standard rate as the price of the property increases. 

Some properties are exempt from SDLT, and therefore you might have overpaid. If you find that you have overpaid on your stamp duty for a main residence, current residence, or previous residence, you may be eligible to file a refund claim

The most common examples of who might be able to claim back stamp duty include:

  • First-time buyer relief, where an eligible first-time buyer (or first-time buyers) will not be subject to the same rate of stamp duty.
  • If you are eligible for certain dwellings relief for your residential property. 

Another area in which you might have overpaid stamp duty rates is if you purchase an additional property that is uninhabitable – and it’s with this area where Stamp Duty Claims can help. 

The legal standpoint

If you are unfamiliar with this particular strain of stamp duty refund, it was primarily founded in the ruling of PM Bewley vs HMRC. A couple took HMRC to court to challenge the stamp duty surcharges on their additional dwelling, arguing that the additional residence was uninhabitable upon property purchase, and therefore should not have been subject to stamp duty. 

Due to this successful claim, the PM Bewley vs HMRC ruling set the precedent for these claims for stamp duty – and thus you can be eligible for a stamp duty refund if your second home is uninhabitable yet you still paid an additional stamp duty rate

This legislation is only applicable to residential properties – however, Stamp Duty Claims can still help companies looking for a SDLT rebate. Get in touch to find out more. 

What does HMRC class as ‘uninhabitable’?

Common issues in a residence that can make you eligible for this sort of SDLT claim include, but are not limited to: 

  • Damp and mould 
  • Missing appliances and finishes 
  • Faulty, unsafe or missing heating, electrics, and water supply 
  • Insect infestation 
  • Presence of dangerous materials such as asbestos or lead 
  • Issues with the structural integrity of the building, such as a leaking roof, subsidence, or problems with the cavity walls

In other words, if you had to fork out additional costs on top of the building cost or purchase price to make the dwelling liveable. These issues are some of the biggest costs you might face to make the building safe – which makes claiming back SDLT all the more important. 

How do I apply for a stamp duty refund?

You can apply for a SDLT refund through HMRC. You will need to complete a ‘Stamp Duty Land Tax return’, and return to them online or via post. That said, if your second home is uninhabitable, Stamp Duty Claims can structure your claim and submit it to HMRC on your behalf. 

If you think you have made an overpayment on your second house or uninhabitable properties, speak to a consultant today at Stamp Duty Claims. You can get in touch using our simple contact form to book a short consultation at a time that suits you. 

Is claiming back stamp duty land tax straightforward?

Claiming back SDLT couldn’t be more hassle-free with Stamp Duty Claims. 

Simply book your initial 15-minute assessment call at a time that best suits you. This allows us to determine whether you are entitled to the refund, and how we can best help you going forward. 

Then, we will need evidential details and documents from you and your solicitor, such as the title and deeds, photographs, videos, receipts, and improvement notices, which will allow us to make your case to HMRC. 

If the case goes beyond the claim request time limit, we will work to get the case under review again. If not, you will not incur any additional costs from us – no win, no fee

Are there any exemptions?

As mentioned before, there are several instances where your property might be exempt from paying SDLT, including the following scenarios: 

  • Inheritance – If your second home was left to you in a will, it will not be subject to SDLT. 
  • Divorce – A second home or shared ownership property transferred as part of divorce proceedings is exempt from SDLT. 
  • Gifted Ownership Properties – The property was gifted to you, or bought by you on behalf of a family member, without the exchange of money or evidence of beneficial ownership. 
  • Type of property – For example, a moveable property like a house boat is exempt, unless it comes with a sizable piece of land. 

The price of the property will also indicate if you are exempt from SDLT, for example: 

How can Stamp Duty Claims help me?

Stamp Duty Claims has extensive expertise and experience in supporting second homeowners claim back overpaid SDLT on homes that are uninhabitable

There is no set figure as to how much you might be eligible to claim back. That said, at Stamp Duty Claims, we have helped our clients secure thousands in repayment

If you are still wondering how to claim stamp duty back, don’t worry. At Stamp Duty Claims, we make filing your claim as hassle-free as possible, and our expert team of consultants can provide open, honest, and transparent tax advice for clients – particularly when it comes to claiming back SDLT. 

Start your rebate today by booking your assessment with our experts.