SDLT on additional property and Ltd Company - reclaiming because of main residence

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    SDLT on additional property and Ltd Company - reclaiming because of main residence

    Good afternoon - I need advice regarding whether the additional property SDLT can be reclaimed under the following circumstances:

    There is a free hold house currently divided into 2 flats on 999 leases. My Ltd company owns the upper flat (no Lender) The lower flat owner is selling and I am considering buying in cash
    Freehold is currently owned as joint tenants with my Ltd company and the other flat owner
    .
    I will buy Lower flat Leasehold in my personal name and this will be my only property and become main residence. Subsequently I will 'sell' the Upper flat from my LTD company to me. Given this will be an additional property I would pay the additional SDLT rate. I will then reconvert both flats into 1 dwelling in my personal name and extinguish the leases. The (re)combined house will become my main residence.

    Could I claim back the additional SDLT on the transfer of the Upper flat when the above has occurred?

    Thank you

    #2
    You''re going to need an actual tax expert to answer that and the answer is likely to be heavily caveated.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      thank you - I will do
      Wondered if anyone had experienced similar circumstances.

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