Stamp Duty Refund Missed

R_Khan

Hi All

I just need some advise on missing out on claiming Stamp Duty Refund by a few days

I had a property which was my main residence, which I brought in 2010. I then brought another property in 2016, which was in addition to my main home

I tried to sell my main home but due delays, one of them being with my lawyer with regards to Title Deed checks, slowness etc, I missed the deadline to claim back the higher portion of the Stamp Duty I paid in 2016 as the sale of my house I brought in 2010 did not complete within the 3 year window

Is there any way I can appeal to the HMRC? If not would I be right in trying to claim back from Lawyers firm?

Any help much appreciated

Thanks

Slithery

R_Khan wrote: »

Is there any way I can appeal to the HMRC?

No.

If not would I be right in trying to claim back from Lawyers firm?

Only if your contract with them contained a relevant clause that you had specifically put in place. If you had done this then you probably wouldn't be here asking the question so I'm guessing not.

Sorry.

davidmcn

If there were something objectively bad about the service from your solicitors then you may have cause for complaint, but I wouldn't expect anyone to guarantee that they'd get the sale completed before the deadline (presumably most of the 3 years was nothing to do with them anyway?).

SDLT_Geek

I do not suppose you sold another previous home in between your 2010 purchase and your 2016 purchase? Even one you had lived in many years ago?

If so, perhaps you did not need to pay the extra 3% in the first place and might be able to recover it on that basis.