When to pay stamp duty

noushki

I will be completing on a house on 9th September and, aware that I have 30 days to pay the stamp duty, I had planned to pay this directly to the government after pay day at the end of September. Now the solicitors are asking for the money to be transferred to them before completion.
Do I have the right to say no, and say that I will pay it myself after purchase? I can't see anything in the documentation from them that confirmed they would pay on my behalf and that it was due before completion.

pself

Your solicitors behaviour is very normal, they are operating on the part of the bank quite often as well as yourself and have a duty to ensure that the moneys can be paid to HMRC. I know for the purchase I am looking at one months take home wouldnt cover my stamp duty even if I had nothing else to pay for that month.

booksurr

your question comes up regularly

1. you are using a mortgage to purchase the property
2. "your" solicitor is both acting for you and on behalf of the mortgage lender to ensure certain things are done correctly from their perspective
3. your solicitor is bound by professional duty of care to follow the Council of Mortgage Lender handbook rules
4. a requirement of the CML is the solicitor has all monies required to complete the purchase to hand before the completion date. Hence the solicitor requires you to pay the SDLT money to his client account before completion.
5. if you intend to use a mortgage there is no other option. Only if you are purchasing for cash without a mortgage can you follow the HMRC payment deadlines.