3% SDLT Appeal for missed deadline?

by Readers Question

2 months ago

3% SDLT Appeal for missed deadline?

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3% SDLT Appeal for missed deadline?

I have missed the 3 month deadline to reclaim the 3% extra SDLT paid.

My solicitor told me I had 3 years to sell my main home but never mention a deadline. He dealt with both cases.

Bought 2nd property on 6th September 2016.
Sold main home on 30th June 2017.

Deadline date was 30th September 2017 and I tried to reclaim in it Dec 17.

IS there any appeal reason or loop hole I can use?

I thought my solicitor has a ‘due care and attention’ which he clearly has not showed here. As he was fully aware my intention to sell main home and reclaim the 3% – He main it sound like I had 3years to reclaim. When I question him after I got rejected he was completely unaware and said he’s not a tax expert.

Surely, he should not be submitting the returns for clients then?

Is there anyway I can get the tax back – it’s £20k and relying on it to pay back money owed.

Laura



Comments

Neil Patterson

2 months ago

Hi Laura,

Please see the .Gov page on SDLT refunds >> https://www.gov.uk/government/publications/stamp-duty-land-tax-apply-for-a-repayment-of-the-higher-rates-for-additional-properties

I would make a written official complaint to the solicitors firm to find out what happened and if there is anything they can do. Then if you do not get a satisfactory response you can complain to the law society and potentially claim on their Professional Indemnity insurance.

"You can apply for a repayment of the higher rates of Stamp Duty Land Tax (SDLT) for additional properties because you’ve sold what was previously your main home if you’re:

the main buyer of the property which attracted the higher SDLT rates
the agent acting for them

You must have sold your previous main residence within 3 years of paying the higher SDLT rates to qualify for a refund.

HM Revenue and Customs must have your request within 3 months of the sale of your previous main residence or within 12 months of the filing date of the return, whichever’s later.

To apply for a repayment you can:

use the online form (sign in or set up a Government Gateway account)
fill in the form on-screen, print it off and post it to HM Revenue and Customs"

"Information you’ll need

To fill in this form you’ll need:

your details
the main buyer’s details if they’re different to your own
details of the property that attracted the higher rates of SDLT, including the effective date of purchase and the SDLT unique transaction reference number
details of the previous main residence you’ve sold, including the effective date of sale, the address of the property and the name of the buyer
the amount of tax paid on the property that attracted the higher rates of SDLT
the amount of tax you’re asking for a repayment of"


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