Stamp Duty Rebate For Solicitors

As a solicitor, you may be required to complete stamp duty rebate forms for clients who have overpaid on their stamp duty and require either a full or partial refund. If this is the case, it is important to understand how stamp duty works, when a refund may be required, and how to navigate HMRC’s system. Read on to learn more about stamp duty rebates.

We’re here to support solicitors in applying the correct stamp duty relief for their clients. As a specialised service provider, we understand the complexities of stamp duty regulations and the importance of accurate relief applications.

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How Does Stamp Duty Work?

Stamp Duty Land Tax (SDLT) is a tax paid on the purchase of English or Northern Irish properties, including both residential and non-residential properties. For residential properties, stamp duty is paid on those worth more than £250,000, whereas for most non-residential properties, stamp duty is paid on those worth more than £150,000. The amount of stamp duty you will be required to pay may vary depending on the value of your property and whether you are eligible for any reliefs or exemptions.

There are also surcharges to be aware of which add an extra 3% on top of the standard SDLT rates. If you are buying a second home, for example, you will pay the 3% surcharge. As a result, there are a number of factors that can affect the amount paid for stamp duty.

What Is A Stamp Duty Rebate?

A stamp duty rebate, also known as a refund, is available for buyers that end up paying more stamp duty than required. Oftentimes, more stamp duty than necessary is paid due to discrepancies in calculations. Stamp duty is calculated on a case-by-case basis due to the number of factors that need to be considered, which can lead to errors in the amount paid. 

If you believe you or your client have overpaid, it is your responsibility to work out the correct SDLT amount and inform HMRC of the error. It is also your responsibility to be aware of any reliefs and exemptions that may apply in order to accurately work out how much stamp duty should have been paid.

 

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Exemptions & Reliefs Of Stamp Duty

There are exemptions and reliefs which can apply to stamp duty cases and reduce the amount of tax paid. The government website has a full list of exemptions, so it is worth taking a look to ensure you have paid the right amount. Some SDLT reliefs include:

  • First-Time Buyers
  • Multiple Dwellings
  • Charities Buying For Charitable Purposes
  • Right To Buy Properties

When it comes to SDLT exemptions, you won’t need to pay stamp duty or file a return if:

  • No Payment Changes Hands For A Land Or Property Transfer
  • Property Is Left In A Will
  • Property Is Transferred Because Of Divorce

We have in-depth expertise in various relief categories, including multiple dwelling relief, mixed-use relief, and uninhabitable relief. Our team stays updated with the latest regulations and case law, enabling us to guide solicitors in identifying the relevant relief opportunities for their clients.

Can Solicitors Submit Stamp Duty Returns On The Behalf Of Clients?

Yes, solicitors and legal conveyancers can submit a return on behalf of their clients. This is a popular way for clients to feel reassured they are paying the right amount of stamp duty. In order to act on behalf of someone else, HMRC will need to have your authority on record and know the effective date of the transaction before they are able to submit the return. It is therefore important that before sending the return, you have all the necessary information and documentation together. For those who are not represented by a solicitor or legal representative, you will use the SDLT1 paper return when submitting your stamp duty rebate.

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How To Submit A Stamp Duty Rebate

To submit a stamp duty rebate or return, you will need to log in to HMRC’s Stamp Taxes Online service. You will require the Government Gateway user ID and password that was used when you or your client registered for Stamp Taxes Online or when the online account was set up. Once the return has been submitted, you will get an online SDLT5 certificate and a Unique Transaction Reference number (UTRN). 

By partnering with Stamp Duty Rebate, you can submit a claim form to see if you are eligible for an SDLT refund before contacting HMRC. Our legal team will then contact HMRC on your behalf and be on hand to defend any challenges that may arise. After your claim has been sent, you should receive a decision 6-8 weeks after. We can help to make the process run smoothly and without stress.

Why Partner With Stamp Duty Rebate?

1. Expert Knowledge of Stamp Duty Relief: Stamp duty relief provisions can be intricate and multifaceted. We have in-depth expertise in various relief categories, including multiple dwelling relief, mixed-use relief, and uninhabitable relief. Our team stays updated with the latest regulations and case law, enabling us to guide solicitors in identifying the relevant relief opportunities for their clients.

2. Comprehensive Relief Evaluation: We specialise in conducting thorough evaluations to ensure accurate relief applications. We work closely with solicitors, examining property transactions and associated circumstances to identify applicable relief options. By leveraging our expertise, solicitors can confidently advise their clients on the most suitable relief strategies.

3. Efficient Relief Application Process: We understand the importance of efficiency in relief applications. We streamline the process, assisting solicitors with gathering the necessary documentation, preparing relief applications, and liaising with relevant authorities. Our aim is to alleviate the administrative burden for solicitors, enabling them to focus on providing comprehensive legal support to their clients.

4. Maximising Client Benefits: By partnering with us, solicitors can ensure their clients receive the maximum benefits available through appropriate stamp duty relief. Our meticulous approach and extensive knowledge of relief provisions allow us to identify all applicable opportunities, leading to significant cost savings for clients. Solicitors can enhance client satisfaction and reinforce their reputation by partnering with us to optimise stamp duty relief outcomes.Get in touch today to make a claim and find out whether you could be entitled to thousands of pounds from HMRC.

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Recent claims

How much can I expect to get back should my claim be valid and approved?

Every case is different. In some cases, we were able to arrange a rebate of up to 60% of the original SDLT paid. Some of the cases that we’ve successfully claimed refunds for:

Steven B Primary Residence
Rebate Received £9,337.00
Purchase price £1,100,000.00
Stamp Duty Paid £53,750.00
Gary H Primary Residence
Rebate Received £26,795.00
Purchase price £1,485,000.00
Stamp Duty Paid £89,750.00
Matt S Buy to Let
Rebate Received £8,817.35
Purchase price £274,000.00
Stamp Duty Paid £11,920.00
Ben G Primary Residence
Rebate Received £17,397.00
Purchase price £1,260,000.00
Stamp Duty Paid £69,750.00
Zev S Buy to Let
Rebate Received £13,044.95
Purchase price £410,000.00
Stamp Duty Paid £22,800.00
Ashkey P Buy to Let
Rebate Received £2,502.33
Purchase price £82,500.00
Stamp Duty Paid £2,475.00
Sophia L Primary Residence
Rebate Received £42,478.00
Purchase price £1,680,000.00
Stamp Duty Paid £115,350.00
Jonathan P Buy to Let
Rebate Received £2,340.51
Purchase price £77,500.00
Stamp Duty Paid £2,325.00