What forms and when are they sent to HMRC/Land Reg? FTB SDLT

htcclub

The situation is I am about to exchange on a house, however when I was younger, my dad spoke about putting me on his house.
I have looked at the title deeds for that house and spoke to Land reg. They confirm I am not there.
I have not spoken to my Dad in three years and he refuses to tell me if I am on the deeds to his recent house purchase (the chance being minute, since we stopped speaking then he bought the house years later)

I am using a LISA and applying for FTB relief for SDLT, and would prefer to get a bill pre-exchange OR post completion (easy to pay using credit card) if HMRC deem me not a FTB. I want to avoid a bill post exchange and then defaulting on completion.

Can someone please advise what the process is for filing documents for SDLT with Land Reg/HMRC?
Can I ask my solicitor to send the forms off after completion? Are there forms that need to go to them pre-completion?

housebuyer143

htcclub said:

The situation is I am about to exchange on a house, however when I was younger, my dad spoke about putting me on his house.
I have looked at the title deeds for that house and spoke to Land reg. They confirm I am not there.
I have not spoken to my Dad in three years and he refuses to tell me if I am on the deeds to his recent house purchase (the chance being minute, since we stopped speaking then he bought the house years later)

I am using a LISA and applying for FTB relief for SDLT, and would prefer to get a bill pre-exchange OR post completion (easy to pay using credit card) if HMRC deem me not a FTB. I want to avoid a bill post exchange and then defaulting on completion.

Can someone please advise what the process is for filing documents for SDLT with Land Reg/HMRC?
Can I ask my solicitor to send the forms off after completion? Are there forms that need to go to them pre-completion?

The solicitor will pay and file the forms with stamp duty. If you declare you don't own any other houses then they will not charge you the additional stamp duty. 

Mutton_Geoff

htcclub said:

I want to avoid a bill post exchange and then defaulting on completion.

You can purchase a copy of the title for any registered property in the UK for £3 and find out for sure.

It will be extremely expensive for you not to complete after exchange.

Has your solicitor agreed to a credit card payment? That is very unusual.

propertyrental

* check the ownership of your father's house by paying £3 to the LR:
https://search-property-information.service.gov.uk/?_ga=2.227252893.1011285419.1624257816-2123334908.1623227908

* your solicitor will almost certainly want cleared funds in his firm's account to cover the purchase, his fees, SDLT and anything else he has to pay. 

* I doubt he'll accept a credit cad but.... ask!

* SDLT has to be paid to HMRC within 15 days of Completion. If you are getting a mortgage, the lender will insist on your solicitor a) having the money in advance and b) paying HMRC on your behalf

* The form TR1 (or TP1) has no specified time for submission to the Land Registry, but your solicitor will usually submit this for you once he has confirmation from HMRC that SDLT is paid.

htcclub

Mutton_Geoff said:

htcclub said:

I want to avoid a bill post exchange and then defaulting on completion.

You can purchase a copy of the title for any registered property in the UK for £3 and find out for sure.

It will be extremely expensive for you not to complete after exchange.

Has your solicitor agreed to a credit card payment? That is very unusual.

propertyrental said:

* check the ownership of your father's house by paying £3 to the LR:
https://search-property-information.service.gov.uk/?_ga=2.227252893.1011285419.1624257816-2123334908.1623227908

* your solicitor will almost certainly want cleared funds in his firm's account to cover the purchase, his fees, SDLT and anything else he has to pay. 

* I doubt he'll accept a credit cad but.... ask!

* SDLT has to be paid to HMRC within 15 days of Completion. If you are getting a mortgage, the lender will insist on your solicitor a) having the money in advance and b) paying HMRC on your behalf

* The form TR1 (or TP1) has no specified time for submission to the Land Registry, but your solicitor will usually submit this for you once he has confirmation from HMRC that SDLT is paid.

I bought the titles online yes and over the phone the LR also confirmed I am not on the deeds.
Sorry when I said credit card, I meant doing a money transfer off the limit if needs be.

I think what I will do is ask my solicitor to send the SDLT1 online application after completion, that way if anything comes back, it will be after completion and I wouldn't fail to complete.

Will this work?

SDLT_Geek

htcclub said:

Mutton_Geoff said:

htcclub said:

I want to avoid a bill post exchange and then defaulting on completion.

You can purchase a copy of the title for any registered property in the UK for £3 and find out for sure.

It will be extremely expensive for you not to complete after exchange.

Has your solicitor agreed to a credit card payment? That is very unusual.

propertyrental said:

* check the ownership of your father's house by paying £3 to the LR:
https://search-property-information.service.gov.uk/?_ga=2.227252893.1011285419.1624257816-2123334908.1623227908

* your solicitor will almost certainly want cleared funds in his firm's account to cover the purchase, his fees, SDLT and anything else he has to pay. 

* I doubt he'll accept a credit cad but.... ask!

* SDLT has to be paid to HMRC within 15 days of Completion. If you are getting a mortgage, the lender will insist on your solicitor a) having the money in advance and b) paying HMRC on your behalf

* The form TR1 (or TP1) has no specified time for submission to the Land Registry, but your solicitor will usually submit this for you once he has confirmation from HMRC that SDLT is paid.

I bought the titles online yes and over the phone the LR also confirmed I am not on the deeds.
Sorry when I said credit card, I meant doing a money transfer off the limit if needs be.

I think what I will do is ask my solicitor to send the SDLT1 online application after completion, that way if anything comes back, it will be after completion and I wouldn't fail to complete.

Will this work?

The SDLT1 form can only be submitted to HMRC after completion, it cannot be submitted before.  

It is not an application.  It is a self assessed tax return, so the onus on you is to get it right.

propertyrental

htcclub said:

Mutton_Geoff said:

htcclub said:

I want to avoid a bill post exchange and then defaulting on completion.

You can purchase a copy of the title for any registered property in the UK for £3 and find out for sure.

It will be extremely expensive for you not to complete after exchange.

Has your solicitor agreed to a credit card payment? That is very unusual.

propertyrental said:

* check the ownership of your father's house by paying £3 to the LR:
https://search-property-information.service.gov.uk/?_ga=2.227252893.1011285419.1624257816-2123334908.1623227908

* your solicitor will almost certainly want cleared funds in his firm's account to cover the purchase, his fees, SDLT and anything else he has to pay. 

* I doubt he'll accept a credit cad but.... ask!

* SDLT has to be paid to HMRC within 15 days of Completion. If you are getting a mortgage, the lender will insist on your solicitor a) having the money in advance and b) paying HMRC on your behalf

* The form TR1 (or TP1) has no specified time for submission to the Land Registry, but your solicitor will usually submit this for you once he has confirmation from HMRC that SDLT is paid.

I think what I will do is ask my solicitor to send the SDLT1 online application after completion, that way if anything comes back, it will be after completion and I wouldn't fail to complete.

Will this work?

If you are getting a mortgage, your solicitor will (almost certainly) also be acting for the lender. And as I said, the lender will insist on the solicitor submitting the SDLT return. so 'asking' will have no effect. You'll have no choice.
As SDLT_Geek says, the SDLT Return cannot be submitted before the liability arises (ie on Completion), either by yourself (if you want and within 15 days) if you are paying cash, or by your solicitor if you have a mortgage.

Either way, it is your obligation to get the facts right on the form (your solicitor will ask you to verify the facts), just as any tax return is up to you to get right, or face the consquences.

I bought the titles online yes and over the phone the LR also confirmed I am not on the deeds.

9 times out of 10 that means you are not an owner or joint owner. However there is a remote possibility of your being a 'Beneficial Owner' i not registered but with some ownership rights. That might arise if, for example, you contributed to the property purchase financially with a clear understanding that you would benefit later from any sale (not a 'loan' but a contribution to the purchase). That seems not to apply here....7
A spouse might also be a Beneficial Owner I believe.

Mutton_Geoff

SDLT_Geek said:

It is not an application.  It is a self assessed tax return, so the onus on you is to get it right.

Thank you for highlighting this. I read a lot on these forums that people think just because their tax return (self assessment) went through OK at the year end that HMRC somehow "approved" their statement when in reality they need to wait 4-6 years before being sure their claim was passed through without triggering an investigation.

htcclub

propertyrental said:

If you are getting a mortgage, your solicitor will (almost certainly) also be acting for the lender. And as I said, the lender will insist on the solicitor submitting the SDLT return. so 'asking' will have no effect. You'll have no choice.
As SDLT_Geek says, the SDLT Return cannot be submitted before the liability arises (ie on Completion), either by yourself (if you want and within 15 days) if you are paying cash, or by your solicitor if you have a mortgage.

Either way, it is your obligation to get the facts right on the form (your solicitor will ask you to verify the facts), just as any tax return is up to you to get right, or face the consquences.
9 times out of 10 that means you are not an owner or joint owner. However there is a remote possibility of your being a 'Beneficial Owner' i not registered but with some ownership rights. That might arise if, for example, you contributed to the property purchase financially with a clear understanding that you would benefit later from any sale (not a 'loan' but a contribution to the purchase). That seems not to apply here....7
A spouse might also be a Beneficial Owner I believe.

SDLT_Geek said:

The SDLT1 form can only be submitted to HMRC after completion, it cannot be submitted before.  

It is not an application.  It is a self assessed tax return, so the onus on you is to get it right.

Thanks, very good to know this!