When does the 3% SDLT surcharge not apply?

//When does the 3% SDLT surcharge not apply?

When does the 3% SDLT surcharge not apply?

Since the introduction of the higher rate SDLT surcharge one key question we are asked by investors and lawyers is, does this always apply if the purchaser owns another property?

The answer is that there are limited number of scenarios where the additional 3% surcharge may not apply.

Main residence replacement (including subsidiary properties)

When the purchaser is replacing their main residence the surcharge does not apply. If they do not sell their main residence at the same time the surcharge will apply and a refund can be claimed if their previous residence is subsequently sold within 3 years.


When inheriting a property it is disregarded for 3 years.

Value <£40,000

If the consideration paid is less than £40,000 or the share owned in another residential property is worth less than £40,000. In today’s property market there are few properties available for less than £40,000 but it also apply if only part of a property is transferred.

Student accommodation

These properties are specifically exempt from the surcharge

Uninhabitable properties

If the property is not suitable for habitation e.g. a dilapidated building requiring extensive renovation before it would be considered habitable

Other opportunities to reduce your SDLT

Large areas of land

If your property has land attached to it of more than 1.3 acres, it’s likely you may qualify for “mixed-use” SDLT rates and potentially save thousands.


Does your property have a ‘granny annex’ or separate living accommodation? You could qualify for “multiple dwellings” tax relief.


You may qualify for multiple dwellings relief or “mixed-use” which could substantially reduce the applicable SDLT rates and save significant tax.

Woodlands and orchards

Where woodland or orchards are parcelled up in the same transaction alongside a residential property, it may be argued the purchase is “mixed-use” resulting in lower rates of SDLT being applied and significant savings being achieved.

Six or more residential properties 

If you purchase 6 or more residential properties as part of one transaction, there may be a choice between multiple dwellings relief and commercial rates of SDLT.

It is estimated that over £2bn was overpaid in SDLT in 2018 due to incorrect returns and available reliefs not being claimed.

You have 12 months from the due date of your SDLT return to reclaim any overpaid SDLT, so all is not lost.

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SDLT collected by HMRC in 2018


Estimated SDLT overpaid


Refunds issued by HMRC per month

Why is SDLT so complex?

Clients tend to be over reliant on their accountant for all tax matters. The complexity of the tax system means that most accountants are no longer experts in tax and specialist tax advice should be sought.

Solicitors, lawyers and agents are not tax specialists, and yet in many cases can become liable in cases where they have made incorrect assumptions regarding a property and the SDLT position which leads to incorrect filings and payments being made.

SDLT legislation has been subject to multiple changes, most recently in July 2016.  The full range of changes have significantly complicated the application of this tax and led to widespread confusion.

What do I do if I think I have overpaid SDLT?

Firstly do not panic, you may be able to claim a refund.  Contact us for a free assessment on whether you may be eligible for a refund.

If you have not yet completed your purchase or filed your SDLT return contact us to see if we can reduce your SDLT liability before you pay it.

Contact Us

Anthony Davies, Founder and Director

PRIMOtax Limited

t: 01293 301989

e: [email protected]


2019-10-31T10:14:59+00:00 |Knowledge Base|