Q&As

An individual purchased a property intended to be their main residence before selling their current main residence and paid higher rates stamp duty land tax (SDLT) on the purchase, but passed away before moving into the new property. The new property was sold by the deceased’s executors and the original main residence is now for sale. Can the executors claim an SDLT rebate for the higher rates on the replacement property that was bought and sold?

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Produced in partnership with Sean Randall of Blick Rothenberg
Published on LexisPSL on 15/09/2020

The following Tax Q&A produced in partnership with Sean Randall of Blick Rothenberg provides comprehensive and up to date legal information covering:

  • An individual purchased a property intended to be their main residence before selling their current main residence and paid higher rates stamp duty land tax (SDLT) on the purchase, but passed away before moving into the new property. The new property was sold by the deceased’s executors and the original main residence is now for sale. Can the executors claim an SDLT rebate for the higher rates on the replacement property that was bought and sold?

The sale of the new property would not trigger an entitlement to reclaim the SDLT attributable to the higher rates. Whether or not there is such an entitlement turns on whether there is a qualifying disposal of the old main residence. The legislation requires the disposal of the old main residence to be made by the purchaser. It may be that the disposal by the deceased’s executors would not meet this condition. The disposal would be made by the wrong person. However, there is a reasonable argument that the death of the purchaser resulted in the old main re

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