Higher rate stamp duty land tax query

[RosieLeaLovesTea]

I wanted to ask about the process for Appealing higher rate stamp duty paid for property purchase.
We relocated to a different area in the UK in 2022. I owned the house we lived in and another buy to let. We were buying another property to live in as our main residence.
We didn’t sell the house we’re were moving from.
We purchased the new house in2022 and moved in straight away.
We were charged the stamp duty at the higher rate stamp duty land tax.
There was a lot in the press about Angela Raynor not paying the correct amount of stamp duty. When I spoke to a friend last week who also owned a buy to let flat and was buying a new house as her main residence she said she paid the standard amount of stamp duty.
Should I contact the conveyance solicitor to ask about appealing the stamp duty paid and is there a time period to do this?

We didn’t sell it. IT

You didn’t pay it because you were already a landlord, you paid it because you didn’t sell the house you were moving from

I you sold it within three years you can claim it back
As you didn’t you paid the correct amount

Sounds like you are right and your friend is wrong. Did your friend disclose she had another property to her solicitors? I’m sure this will catch up with your friend - has she got the funds to pay if asked to pay the extra stamp duty?

This is wrong advice. If you already own a main residence and a buy to let, and you are selling your main residence to buy another main residence (but keeping your BtL) then you do not have to pay the second home rate of stamp duty. Otherwise landlords could never move house without paying penal tax.

But if you are buying a new main residence without selling your old main residence, and you do not subsequently sell your old main residence within three years, then you do have to pay the second home rate of SDLT.

OP, did you sell your old main residence? From your post it sounds like the answer may be “no.” In within case you will have paid the correct amount of tax.

If it’s owned personally you do
If its owned under a business you don’t
OP hasn’t said it’s a business ownership

I stand corrected

Ive just checked again and @AlastheDaffodils is quite right

So OP
you can claim money back if you sold your home within three years of buying the new home

The buy to let is exempt
( wondering why I paid more some years back now???)