Have you bought a property
with an annexe or granny flat?
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Have you been told it’s too late to recover overpaid SDLT from HMRC?
If so call us!
Many homeowners who purchase a property with an annexe (granny flat) often receive a letter within months from tax accountants or Claims Management Companies stating that they believe the homeowner has overpaid Stamp Duty, however, many believe that the letter is a hoax or a scam and never look any further.
In many instances the suggestion that you could have overpaid Stamp Duty Land Tax (SDLT) will be correct. The solicitor / conveyancer that you would have used to buy your home, may not have been aware of a legitimate SDLT allowance called Multiple Dwellings Relief (MDR) and consequently you will have paid more than you needed.
If you contact your conveyancer asking if they claim the appropriate reliefs you will be told:
- We did nothing wrong
- We don’t give tax advice
- We didn’t have the lenders consent for apply for MDR
- You would need to consult a specialist tax accountant for that
Very few will actually look at the problem and seek to correct the error if there is one. All is not lost as many people including Lincoln Green Solicitors can help you correct any mistake up to 12 months and 2 weeks from the house completion by filing a correction with the HMRC. After this time however it is not possible to correct the error with HMRC and money can only be recovered from the conveyancer provided it can be shown that they were negligent. Demonstrating negligence is a job for a solicitor.
Why do solicitors often make mistakes calculating the Stamp Duty that was payable?
The problem is that in 2016 the Government made a major overhaul of the Stamp Duty Land Tax (SDLT) system, and the manner in which the tax is applied has become quite complicated. Everything prior to 2016 appeared to be simple, however, there are now added complexities with SDLT. Complexities include where an annexe or a separate building is involved, or second homes, and there are often arguments around basic concepts such as what a dwelling is.
Many conveyancers claim that they are not tax specialists, however, in processing a property purchase they will be required to submit an SDLT declaration to HMRC on behalf of the purchaser (and the lender). They will have to make decisions both as to which reliefs to claim and the amount of the SDLT.
Why use us?
Once a homeowner has become aware that they have reasonable grounds for reclaiming MDR they have just over a year to resubmit a SDLT amendment to HMRC, failing which HMRC will not accept the claim. If the window of opportunity to make the correction is lost the only recourse is a claim against the conveyancer.
At this point having the services of a specialist solicitor like Lincoln Green to assist you will be key. At Lincoln Green Solicitors Ltd we are experts at handling these types of claim, and are happy to pursue these types of claim for you under a “no win no fee” agreement so that you only pay if we win.
Deal with someone you can trust
Lincoln Green can provide you with free expert legal advice and would like to speak to you if you think you have paid too much Stamp Duty Land Tax.
We are a regulated business which is governed by the Solicitors Regulation Authority (SRA). While we manage claims we are not just a claims management company.
When you chose to work with us, we will be able to look after your entire claim from start to finish.
Start your no win no fee claim today
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How can we help?
The information on our website is intended to provide an overview of the services that we provide and does not constitute legal advice. If you wish to discuss your particular circumstances please contact us.
Authorised and regulated by the Solicitors Regulation Authority SRA No. 650601
Registered office: Artemis House, 4 Bramley Rd, Bletchley, Milton Keynes MK1 1PT