April
2022
With one recent case resulting in a rebate of £19,000, we're encouraging landlords and property developers to keep up to date with the late guidance and understand the functionality of their properties when submitting their stamp duty land tax.
By Hiatham Javaid, Senior Litigation Executive
Stamp duty refunds for uninhabitable properties
Over the last year, Primas has been supporting a host of property developers and landlords in reclaiming thousands of pounds in overpaid stamp duty on uninhabitable properties.
Following an unprecedented stamp duty land tax case last year, Primas has reclaimed over £100,000 on behalf of its clients since the landmark tribunal.
The case, which opened up some interesting outcomes for property developers and landlords, determined that properties not immediately habitable at the time of completion did not constitute as a “dwelling” and therefore were not liable to pay the additional three percent “second home surcharge”.
As a result, Primas has been instructed to act for a number of landlords and developers to recover stamp duty paid on uninhabitable properties which shouldn’t have attracted the additional tax.
But exactly makes a property uninhabitable in the UK?
Uninhabitable (adjective): a place unsuitable for living in
There is a host of factors that determine if a property should be defined as uninhabitable which includes:
If you’ve paid stamp duty on a property that was uninhabitable at the time of completion, our dedicated team at Primas will be able to assess your grounds for a rebate.
With one recent case resulting in a rebate of £19,000, Primas is encouraging landlords and property developers to keep up to date with the late guidance and understand the functionality of their properties when submitting their stamp duty land tax.
If you would like us to consider whether you’re entitled to a stamp duty rebate, or if you’d like to find out what this means your property portfolio, then get in touch using: sdlt.reclaim@primaslaw.co.uk.
Costs and Terms & Conditions
A fixed fee per case will apply. This rate may vary depending on the amount of cases.