MSE News: Urgent stamp duty rebate - are you due up to £1,500?

Atlantic_Maid

I wrote to HMRC requesting a stamp duty repayment on a property we purchased in 2005, that is eligible for a refund. I understoodwe only needed to provide the transaction number, which I didn't have, but after writing in to HMRC they are asking for 5 items within 30 days.They are telling me to go to land registry, but as the property has been sold, the records online to buy would surely only show the current owners?

The property was sold 2 years ago so I have no papers left, the solicitors say they have a statement which shows we paid the Stamp Duty. I am waiting for that information.

Just a couple of things:

1. HMRC seems in chaos and appears inconsistent in its criteria and also the evidence it is asking for. Does anyone know what was agreed by HMRC as to what evidence was needed to satisfy their refund policy? The transaction number seems adequate if they have the records stored, along with ID. We are being asked for our marriage certificate.

2. Solicitors: should solicitors at the time of the conveyancing have advised that the property was exempt? It sounds by comments on here that they should have been aware. Any clarification on that would be great.

Thanks in advance for any information shared.

teabelly

I think the solicitors should have known. I also think the SDLT payment system is complete rubbish if it allows people to pay SDLT of the wrong amount when given all the facts.

littlebluebird

Unfortunately I think they have no idwa what they're doing. Technically I think the fault lies with the solicitors but as the money was transferred to HMRC that's where we need to claim it back from.
I would imagine that even though the solicitors are at fault, going that way to rwach a settlement would be time consuming and fruitless!
HMRC originally said just the number was needed but, like many other people, this isn't a document I was given a copy of and the solicitors have destroyed mine as they only keep records for 6 years. Surwly there must be another way of tracing transactions asneverywhere else has several ways!

As for land registry, you should be able to get a historic document to show you previously owned it. I can't believe they only hold who currently owns it. It may be something to do in writing though rather than just a simple online request.

renault12

Today I have received a cheque for £1513 including interest. Purchased property 3 years ago so over the two year alleged limit. Good luck everyone hope you have a positive outcome. Thanks to MSE would not have known otherwise.:beer:

Sthompblue

00ec25 wrote: »

was your claim submitted before 5 May 2014?

Hello,
Yes submitted before the 5th May. Not sure what to do next and whether to challenge it?

littlebluebird

I would write again.

Disadvantaged Areas Relief
Disadvantaged Areas Relief (DAR) reduced the amount of Stamp Duty Land Tax (SDLT) payable in areas designated by the government as 'disadvantaged'.
DAR was abolished for transactions with an effective date on or after 6 April 2013.
All claims to relief for purchases of residential property where the effective date is before 6 April 2013 had to be made on or before 5 May 2014. Claims made after this date will not be accepted.

The above doesn't say it has to be done within a certain time-frame. Although having investigated further, the standard is actually 4 years not 2 as I previously thought!

sanfran1

Sthompblue wrote: »

Hello,
Yes submitted before the 5th May. Not sure what to do next and whether to challenge it?

We got the ' 2 year limit' reply too and I've just typed a letter challenging it. I'll post it tomorrow and let you know if/when they reply.

I think you should do the same, it's worth the price of a stamp!

skdav

Just sent off my follow up documents. Unfortunately had to request a copy of one document from my solicitors and they took their time getting it from archive so today will actually be 30 days from the letter date which means they will get it tomorrow which will be 31 days from their letter date, although i received their letter a week after it is dated - fingers crossed

Atlantic_Maid

Thanks for the replies yesterday. They are much appreciated. It is also good to see that successful claims for refunds are being made.

I called HM Land Registry this morning. They were so helpful that I wish I had called them on the day that I received the evidence requests. I did not realise that the HMLR also keep an office copy of the lease. High praises indeed for HMLR for helping me to work out and understand what was needed, which forms to use and giving me dates for those historical document requests. It really is not easy to navigate around these types of documents/forms as most of us are simply not familiar with them - solicitors are paid to do all that for us.

Anyhow, if anyone does receive a list of evidence requests from HMRC your best place to start (if you have sold the property or cannot locate the evidence) is possibly HMLR. If you have sold your property then you are unable to make the requests online (as those online are current), you have to print forms off and send them in for around £7 for each request. It's going to cost £21 for those documents, possibly around £50 in total to get this repayment by the time special delivery post is all added on, but it is worth it.

I would recommend that if you are waiting for evidence that you write to HMRC, acknowledging their letter, telling them what actions you have taken, how long it might take, but explain that you are reliant on other government departments to provide the evidence. I have asked them to waive the 30 day response time on the basis that I have included a load of evidence from the solicitors in the meantime and that this shows our clear intention to provide the evidence required. I have also asked HMRC to explain how a SDLT payment was accepted on a property that was exempt at the time.

I forgot to say yesterday: it was thanks to to MSE, and a friend that alerted me to your post, that I found out about this just 10 days prior to the deadline. So thank you very much for sharing the information and giving me the opportunity to claim a refund.

PS: We purchased the property in 2005 and sold it in 2012. There has been no mention of any 2 year limit to claim at all.

teabelly

They are determined not to pay out. I sent them a receipt for the SDLT and they're claiming they haven't had proof of payment! That's what the receipt is, with the transaction number!

They're infuriating. I'll have to write something next week as I'm just too annoyed at all the messing about they are determined to put me through.