SDLT non-residents surcharge

HMRC has published new guidance Apply for a repayment of the non-UK Resident Stamp Duty Land Tax surcharge on when and how non-UK resident purchasers of property in England and Northern Ireland can apply for a repayment of the non-resident SDLT surcharge from 1 April 2021.

Individual buyers can claim a refund of the 2% surcharge if, after the purchase, they have spent 183 days in the UK in any continuous 365-day period—

• starting no more than 364 days before the effective date of the transaction; and
• ending no more than 365 days after the effective date of the transaction.

The refund is claimed by making an application for HMRC to amend the SDLT return to take account of the fact that the transaction is ultimately not liable to the surcharge. The claim for repayment must be made within two years of the effective date of the transaction.