Can I Claim a Stamp Duty Refund?
Find out if you're eligible and how to claim.
Quick Answer: Yes, if you paid the 5% surcharge and sell your old home within 36 months, you can claim a refund.
In this article
When Can You Claim a Refund?
1. Higher Rate Refund (Most Common)
If you bought a new home before selling your old one, you would have paid the 5% additional property surcharge. You can claim this back if:
- You sell your previous main residence within 36 months of buying the new one
- The new property becomes your main residence
- You claim within the time limit (see below)
Refund Time Limits
England/NI: Claim within 12 months of selling old home, or 12 months from SDLT return date (whichever is later)
Scotland: Claim within 12 months of selling, but must sell within 18 months (shorter window)
Wales: Claim within 12 months of selling or return date
2. Overpayment Refund
You may be able to claim if you overpaid due to:
- An error in the original calculation
- Not claiming relief you were entitled to (e.g., first-time buyer relief)
- The purchase price was later reduced
- Multiple Dwellings Relief wasn't applied correctly
Example Refund Calculation
Scenario: You bought a £400,000 home while still owning your old property.
| SDLT paid (with 5% surcharge) | £30,000 |
| SDLT without surcharge | £10,000 |
| Refund if you sell old home | £20,000 |
How to Claim
- Online: Use HMRC's online SDLT service (recommended)
- By post: Complete form SDLT17 and send to HMRC
- Through your solicitor: They can submit on your behalf
Information You'll Need
- SDLT unique transaction reference number (UTRN)
- Address and completion date of new property
- Address and sale date of old property
- Amount of refund being claimed
- Bank details for payment
When You Can't Claim
- You didn't sell your old home within 36 months (England) / 18 months (Scotland)
- The new property wasn't intended as your main residence
- You're outside the claim time limit
- You bought a buy-to-let or second home intentionally
Emma Richardson, MRICS
Chartered Surveyor & Property Tax Specialist
Emma Richardson is a RICS-qualified Chartered Surveyor with over 12 years of experience in UK property taxation. She founded Stamp Duty Calculator to help buyers understand the complex world of property transaction taxes.