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Stamp duty refund under DAR
captain747
Posts: 47 Forumite
Ok guys. Need some help here.
My property falls under the DAR stamp duty refund requirements. Last year I wrote to the HMRC (prior to the deadline) to claim the stamp duty back - and since that time thing have been going to and fro. The main issue is this:
Original house price: £154,950
Allowance/discount from developer: £9950,00
Total paid £145,000 ( under the DAR theshold )
However, seems like solicitor at that time might have used incorrect values. Land registry has £154,950 on their records and the paperwork shows Stamp Duty paid as £1549.50 (rather than £1500.00). My bank has confirmed in writing the purchase price was £145,000.
So basically a bit of a mess. HMRC as not budging saying all the official documents are stating £154,950, and that the lenders letter cannot be used as evidence (? why). They are wanting the TR1 form and copy of contract as firm evidence - I cannot find this at the mo...
I have asked the solicitor for this information as I feel it is their mistake. Is there anything else I can do here? Was thinking of going down the no-win-no-fee route.
I feel that I am clearly in the right as far as I'm concerned, I have paid £145,000 for the house. Or am I missing something here?
Thanks in advance.
My property falls under the DAR stamp duty refund requirements. Last year I wrote to the HMRC (prior to the deadline) to claim the stamp duty back - and since that time thing have been going to and fro. The main issue is this:
Original house price: £154,950
Allowance/discount from developer: £9950,00
Total paid £145,000 ( under the DAR theshold )
However, seems like solicitor at that time might have used incorrect values. Land registry has £154,950 on their records and the paperwork shows Stamp Duty paid as £1549.50 (rather than £1500.00). My bank has confirmed in writing the purchase price was £145,000.
So basically a bit of a mess. HMRC as not budging saying all the official documents are stating £154,950, and that the lenders letter cannot be used as evidence (? why). They are wanting the TR1 form and copy of contract as firm evidence - I cannot find this at the mo...
I have asked the solicitor for this information as I feel it is their mistake. Is there anything else I can do here? Was thinking of going down the no-win-no-fee route.
I feel that I am clearly in the right as far as I'm concerned, I have paid £145,000 for the house. Or am I missing something here?
Thanks in advance.
0
Comments
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I believe HMRC are right, any incentivises are included in the official price. So you buy the property for £154,950 and that's the legal price, the cash back is a private matter between you and the seller.0
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Thanks. That sort of makes sense..
Is everyone else of the same opinion?
Need to decide whether to leave it or to keep trying..0 -
That's the impression I was under, just couldn't think how to word it. Can cause issues for housebuilders as valuations come back low, so I thought they'd stopped doing cash type incentives/ discounts0
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What form did the incentive take?0
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Well at the time of purchase, the developer said they'd give us a "discount"...hence bringing the price down. Nothing else was said..0
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any more opinions??0
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