Solicitor filed stamp duty return late - who pays penalty?

Ed-1

The solicitor failed to meet the 30 day deadline for filing the SDLT return so I've been landed with a HMRC penalty (the purchase was for a freehold below £40k anyway so the return probably wasn't required anyway). This is the solicitor's failure. Do I have to pay it?

davidmcn

Probably not a valid penalty if a return wasn't even required. Have you spoken to the solicitors?

agrinnall

Has the form actually been filed now? If not then perhaps HMRC simply know that a sale has happened but not the price, and if the form is filed showing it was under £40K then the penalty may be rescinded.

Ed-1

agrinnall wrote: »

Has the form actually been filed now? If not then perhaps HMRC simply know that a sale has happened but not the price, and if the form is filed showing it was under £40K then the penalty may be rescinded.

The SDLT return has been filed and the letter shows tax due of Nil and penalty of £100.

davidmcn

In any event, if it's the solicitor's fault that the return was submitted late then they ought to be covering the penalty.

G_M

Assuming that
* your contract with the solicitor was that they would file the SDLT form and
* you have paid them to do so (either within their basic conveyancing cost or as a specific charge) and
* there was no information they were waiting for from you which caused the delay


then yes, they are responsible and you should claim the £100 from them. Maybe a letter of complaint to their complaints assessor/senior partner (check their process).