Stamp duty refunds? Help please!!!

Tiger_greeneyes

We moved into our new house (completed 16th Jan this year) and have just got a new neighbour - they moved in about a week ago.

We were having a chat over the fence today, as you do, and he told us that this area is exempt from paying stamp duty. I checked on the HM Revenue & Customs website, and he's correct.

Does anyone know if we can get our money back?

I've found the following paragraphs which mentions penalties and that the onus is on the purchaser etc, but it doesn't say whether we've lost our money or not, surely they can't keep it if we're exempt?

Relief must be claimed at box 9 of form SDLT 1 using codes 05, 06 or 07. You do not need to pay the tax and claim it back later.

The return must be submitted within 30 days of the effective date of the transaction. Failure to do so will incur a penalty for late delivery of the return, whether or not stamp duty land tax is payable.

The onus is on the purchaser to check whether or not the relief is due. HMRC may open an enquiry into any aspect of a land transaction return, including claims to relief. You should retain evidence that your property qualifies for relief, to support your claim in case an enquiry is opened.

I would have checked before we bought the house, but it's not exactly something they advertise...:rolleyes:

If anyone can help, I'd be really grateful, we need every penny at the moment.

brazilianwax

Yes you can - get in touch with your conveyancing solicitor (who should have checked for you). They can claim the money back for you.

My sister did the same when she bought her flat. :rolleyes:

Tiger_greeneyes

Thanks Brazilianwax

I've just emailed my solicitor

I just wondered, did your sister manage to claim her tax back without incurring any penalties? We completed over two months ago and it mentions that the paperwork has to be in within 30 days of the transaction, or penalties apply. I'm hoping that won't be the case - the money isn't theirs to keep!

brazilianwax

Tiger_greeneyes wrote: »

Thanks Brazilianwax

I've just emailed my solicitor

I just wondered, did your sister manage to claim her tax back without incurring any penalties? We completed over two months ago and it mentions that the paperwork has to be in within 30 days of the transaction, or penalties apply. I'm hoping that won't be the case - the money isn't theirs to keep!

I'm pretty sure she got it all back, but don't remember the timescales I'm afraid (I've slept since then!). Her solicitor certainly accepted some of the blame.

Good luck!

Tiger_greeneyes

brazilianwax wrote: »

I'm pretty sure she got it all back, but don't remember the timescales I'm afraid (I've slept since then!). Her solicitor certainly accepted some of the blame.

Good luck!

Thanks again - you've been really helpful

Massive_2

Your SDLT bill must be paid within 30 days of the transaction. I suspect this is the paperwork referred to, rather than any claim for refund of overpayment.

Regards

Tiger_greeneyes

I did wonder that, Massive. I'm good at reading these things clearly when it's not me that's involved!