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Stamp Duty Land Tax Reclaim Letter

A completed fictional request to HMRC to amend an SDLT return after a qualifying replacement of a main residence, without asserting entitlement beyond the facts.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# STAMP DUTY LAND TAX RECLAIM LETTER

Date: 19 August 2034

Parties: Aiko Tanaka and HM Revenue & Customs

## 1. Purpose and parties

Aiko Tanaka writes on 19 August 2034 to HM Revenue & Customs about the Stamp Duty Land Tax return for her purchase of 7 Meadow Rise, Reading RG2 8LF. The transaction completed on 14 November 2033 for £410,000, and the return paid £22,500 including the higher rates charge on the understanding that her former home had not yet sold.

## 2. Facts, scope and terms

Aiko owned 3 Linden Road, Oxford OX3 9AB as her only main residence before the purchase. She completed its sale on 30 May 2034 to an unrelated buyer and gave vacant possession. She did not acquire another dwelling between the two completions and has lived at Meadow Rise since November 2033.

## 3. Process and responsibilities

Aiko requests an amendment or repayment under the applicable SDLT higher-rates rules for replacing a main residence. The original £22,500 consisted of the ordinary residential tax calculated on £410,000, £12,000 of higher-rates tax paid provisionally, and £500 of SDLT late-filing interest; she understands interest is not necessarily repayable as tax.

## 4. Evidence, records and safeguards

On the figures supplied, the ordinary residential liability is £10,500: 0% on the first £125,000, 2% on the next £125,000, and 5% on the next £160,000. Aiko therefore seeks repayment of the £12,000 higher-rates element only, subject to HMRC checking the rates, dates, ownership and any transitional rules.

## 5. Review, escalation and outcome

Enclosed are the completion statements for both properties, the SDLT5 reference 9Q7M-2033-AX14, the submitted return, evidence of Aiko's occupation and the sale contract. The documents show dates and consideration; Aiko will provide further evidence if HMRC reasonably requires it and will not treat an acknowledgement as a decision on entitlement.

## 6. Reservations and practical protections

Please confirm the correct amendment or repayment route, any deadline that applies, and whether repayment should be made to Aiko's account ending 7712. If HMRC considers the former property was not Aiko's main residence or the computation differs, please give reasons and an opportunity to correct the evidence.

## 7. England and Wales law and completion

This completed fictional letter is dated 19 August 2034 and is not tax advice or a guarantee of repayment. Aiko asks HMRC to process the request under the law in force for the transactions and will retain records; she reserves the right to seek professional advice or use an available review or appeal route.

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