Land Registry - Shared Ownership

Antnshell

Hi was wondering if anyone could offer me some advice.....I was a shared owner with a 50% share and purchased the remaining 50% mid December so am now 100% owner.


I am having an issue with Land Registry over stamp duty and have not yet registered the purchase.....I am trying to find out from the land registry how much stamp duty I paid when I purchased the property in 2007 as I would have had the option to pay 100% then, then if I purchased any more shares there was no more stamp duty to pay.


I am 99% sure I paid 100% however I am unable to find the original reference number and the solicitor I used no longer exists.


As the transaction is over 6 years old the Land Registry have advised that it is no longer on the database and I would have to write to the Birmingham office who would reply within 40 working days, I sent them a letter on the 21st November recorded delivery asking for this information and have not received a response. I have tried calling them but no one seems to be able to help me...any had any similar experiences?


Whilst I am waiting I am incurring penalties for the late registration which my solicitor has advised me we can appeal when we have the information but I am getting worried that I am never going to get an answer. Do I just keep waiting, I know I could just pay and try and claim back but I think this would be even more difficult....any advice appreciated

SDLT_Geek

Here are two avenues to explore:

If you elected to pay SDLT at market value there will be a clause to that effect in your lease, so find your lease and read it. I recall it is often at about clause 7, 8 or 9 of the lease.

Find the completion statement you would have had from your conveyancer when you bought the property and see what SDLT was paid.

I wonder if you are getting confused between HMRC (who might be able to tell you how much SDLT you paid) and the Land Registry (who will register your ownership once you have been able to submit a land transaction return or explain to them why none was needed.)

Antnshell

Thank you for your response, my current solicitor checked the legal pack I received from 2007 including the lease and said there was no info relating to this in there he has now returned the documents to me so ill check again when I am home.

I cant find the completion statement I have all other paperwork but that which is really annoying.

I hadn't realised I could contact HMRC so I will call them today aswell...it has been SDLT who I contacted and they advised me to write to them...the most recent call I made I was advised to complete the return as if I had paid 100% stamp duty in 2007 however when I relayed this to my solicitor he said we can do that as long as i'm aware that if I didn't pay 100% originally they will chase me for the monies owed (which is fine) but I would also have additional penalties due to me misinforming them so I asked him not to do that