Marc and Ava currently live together in their main residence solely owned by Ava. They decide to jointly purchase a new main residence which will replace their previous main residence. Unfortunately, the previous main residence does not sell prior to the effective date.
The ADS is payable on the purchase of the new main residence, as at the end of the day that is the effective date of the transaction, they own or are deemed to own more than one dwelling and they have not sold their previous main residence.
The previous main residence sells five months later. Although only one of the joint buyers (Ava) has actually replaced or sold their previous main residence, schedule 2A, paragraph 8A of the LBTT (S)A 2013 applies and a repayment of the ADS already paid can be claimed.
Information on repayments of ADS can be found in the LBTT Legislation Guidance note LBTT10070 - Amendments to returns/repayment claims for the ADS | Revenue Scotland.