Common Stamp Duty Overpayment Triggers
| Trigger | What happened | Fix |
|---|---|---|
| Second-home surcharge, then sold old home | Surcharge paid on completion because you temporarily owned two properties | Reclaim within 36 months of selling the previous main residence |
| Multiple Dwellings Relief missed | Purchase included an annexe/granny flat or multiple units, but MDR was not applied | Reclaim within 4 years of the transaction |
| Non-resident surcharge wrongly applied | Charged the 2% non-resident surcharge despite qualifying UK residence tests | Reclaim on review of residence status at the time of purchase |
| Wrong band/rate used by conveyancer | Simple calculation error on the SDLT/LBTT/LTT return | Amend the return or reclaim the difference |
Think you're owed money back?
You can apply directly to HMRC for a stamp duty repayment — no need to pay anyone a fee to do this for you.
How to Apply for a Repayment on gov.uk →How much stamp duty can I claim back?
It depends on the trigger. If you paid the second-home surcharge and then sold your previous main home within 36 months, the refund is the whole surcharge portion — the 5 percentage points (England/NI) or the 8% Additional Dwelling Supplement (Scotland) applied to your purchase. If Multiple Dwellings Relief was missed, the refund is the difference between what you paid and the lower MDR figure. Enter your price and the amount you were actually charged in the calculator above to see the recalculated correct figure and the potential difference.
How to reclaim stamp duty from HMRC
For the England/NI second-home surcharge refund (after selling your previous home within 36 months) you apply on gov.uk, either yourself or through a no-win-no-fee reclaim firm that handles the HMRC paperwork for a percentage of what is recovered. For a missed relief or a calculation error you either amend the SDLT return (within 12 months of filing) or make an overpayment relief claim (within 4 years of the transaction). Applying directly to HMRC is free.