Delay stamp duty payment (UK)

Hello.
Looks like I will not be able to cover stamp duty tax (UK), but I know that I will be able to pay it in the next 12 months. 
As far I can understand if I delay it up to 12 months I will pay 300 GBP + 2.5% interest. 
My questions are:
will the bank care do I have enough money for the tax, or they check only the deposit money?
will the solicitor be OK to make a deal without paying the tax, and leave me delay it on purpose?
Do I need to proof this money like the deposit? I am asking this because there is an option to borrow from a friend, but don't want to involve him in income proof nightmare (it's not from UK and will be pretty hard). 
Thank you


Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Lender will require the stamp duty to be paid and the solicitor dealing with same. 
  • proofoffunds
    proofoffunds Posts: 38 Forumite
    Third Anniversary 10 Posts
    Thank you. 
  • amnblog
    amnblog Posts: 12,699 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No SDLT funds, no completion.
    Loan from friend is a further problem.
    The Solicitor wont have it. The Bank wont have it. 
    I am a Mortgage Broker

    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Windofchange
    Windofchange Posts: 1,172 Forumite
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    edited 12 May 2021 at 10:02AM
    You both obviously know more than I do, but when we brought last year, our conveyancer said the SDLT was none of his concern and he would just act as per our instructions. This was in regard to a second property extra 3%, but we had to fill out a form stating what he wanted us to submit to HMRC - no SDLT, standard or higher. I’m not saying that this constitutes sensible advice as HMRC will come down like a ton of bricks I’m sure with fines, but you have a certain amount of time post completion to pay up? 30 days from memory. It doesn’t solve you not having the money but might mean you can complete and then take some form of loan to clear the bill without penalty? All this could be very different though I guess if you are just going to have the one property and then yes it may well be insisted upon. 

    Given the SDLT is tapering to nothing below 250k for July, surely you can’t be talking about huge sums anyway unless you are buying something  in the seven figures range? 
  • MWT
    MWT Posts: 10,004 Forumite
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    Generally you have more flexibility if you are paying cash without a mortgage involved.
  • user1977
    user1977 Posts: 17,464 Forumite
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    All this could be very different though I guess if you are just going to have the one property and then yes it may well be insisted upon. 
    It's very different if you're buying with a mortgage as it's a standard requirement of lenders that the solicitor is in a position to submit and pay the SDLT return at completion (though admittedly I've never understood why, as I don't think lenders can become liable for the SDLT payment - they should only be interested in the return being submitted, as that's a necessity for registration).
  • You both obviously know more than I do, but when we brought last year, our conveyancer said the SDLT was none of his concern and he would just act as per our instructions. This was in regard to a second property extra 3%, but we had to fill out a form stating what he wanted us to submit to HMRC - no SDLT, standard or higher. I’m not saying that this constitutes sensible advice as HMRC will come down like a ton of bricks I’m sure with fines, but you have a certain amount of time post completion to pay up? 30 days from memory. It doesn’t solve you not having the money but might mean you can complete and then take some form of loan to clear the bill without penalty? All this could be very different though I guess if you are just going to have the one property and then yes it may well be insisted upon. 

    Given the SDLT is tapering to nothing below 250k for July, surely you can’t be talking about huge sums anyway unless you are buying something  in the seven figures range? 
    This sounds more like the solicitor/conveyancer being clear that no advice on your stamp duty liability was being given.  If you declare you aren't due to pay the 3% extra then most conveyancers wont argue with you as they are just acting on your instructions
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