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First time buyer land tax relief form

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  • Luke451
    Luke451 Posts: 188 Forumite
    100 Posts Name Dropper
    user1977 said:
    Luke451 said:
    user1977 said:
    Luke451 said:
    user1977 said:
    Luke451 said:

    there is a common form to compile when declaring the land tax during the house purchase, solicitors don't provide consultations about that, so I wonder how it works.

    Are you saying you're in the middle of a purchase and your solicitor is refusing to give you any advice about the SDLT?

    No, I just came here to ask.
    In which case I'm not sure what you mean by "solicitors don't provide consultations about that", as it's normal for them to draft the return following your instructions about your circumstances. It's simply part of the job of acting for you in your purchase.

    My paper says that they are not responsible for it, neither they provide consultation on the same, which would make them liable at least for something I believe.
    Ok, I'm now not sure what you mean by "my paper" if you're not currently buying anything - can you tell us what exactly you're looking at and what it says?

    I think that all comes from one scenario, or more, for example, the solicitor can't be responsible for the declaration because I may own an house also in another country, which would not make me a first time buyer.
    Their declaration document says that they are not responsible for it, so even if I just misunderstood the SDLT, it's entirely my fault.

    Thanks everyone.
  • pjs493
    pjs493 Posts: 576 Forumite
    500 Posts First Anniversary Name Dropper
    Luke451 said:
    user1977 said:
    Luke451 said:
    user1977 said:
    Luke451 said:
    user1977 said:
    Luke451 said:

    there is a common form to compile when declaring the land tax during the house purchase, solicitors don't provide consultations about that, so I wonder how it works.

    Are you saying you're in the middle of a purchase and your solicitor is refusing to give you any advice about the SDLT?

    No, I just came here to ask.
    In which case I'm not sure what you mean by "solicitors don't provide consultations about that", as it's normal for them to draft the return following your instructions about your circumstances. It's simply part of the job of acting for you in your purchase.

    My paper says that they are not responsible for it, neither they provide consultation on the same, which would make them liable at least for something I believe.
    Ok, I'm now not sure what you mean by "my paper" if you're not currently buying anything - can you tell us what exactly you're looking at and what it says?

    I think that all comes from one scenario, or more, for example, the solicitor can't be responsible for the declaration because I may own an house also in another country, which would not make me a first time buyer.
    Their declaration document says that they are not responsible for it, so even if I just misunderstood the SDLT, it's entirely my fault.

    Thanks everyone.
    Ultimately, by asking you to complete the form they are released from any liability if it turned out you, or any other client for that matter, lied about a property you own overseas (for example). By stating it is your responsibility, and asking you the relevant questions, they can demonstrate that they are not at fault if they’re audited in the future and it turned out you didn’t tell the truth. In other words, they’ve done their due diligence and it’s not their fault if a client doesn’t tell them the truth. 
  • Luke451
    Luke451 Posts: 188 Forumite
    100 Posts Name Dropper
    pjs493 said:
    Luke451 said:
    user1977 said:
    Luke451 said:
    user1977 said:
    Luke451 said:
    user1977 said:
    Luke451 said:

    there is a common form to compile when declaring the land tax during the house purchase, solicitors don't provide consultations about that, so I wonder how it works.

    Are you saying you're in the middle of a purchase and your solicitor is refusing to give you any advice about the SDLT?

    No, I just came here to ask.
    In which case I'm not sure what you mean by "solicitors don't provide consultations about that", as it's normal for them to draft the return following your instructions about your circumstances. It's simply part of the job of acting for you in your purchase.

    My paper says that they are not responsible for it, neither they provide consultation on the same, which would make them liable at least for something I believe.
    Ok, I'm now not sure what you mean by "my paper" if you're not currently buying anything - can you tell us what exactly you're looking at and what it says?

    I think that all comes from one scenario, or more, for example, the solicitor can't be responsible for the declaration because I may own an house also in another country, which would not make me a first time buyer.
    Their declaration document says that they are not responsible for it, so even if I just misunderstood the SDLT, it's entirely my fault.

    Thanks everyone.
    Ultimately, by asking you to complete the form they are released from any liability if it turned out you, or any other client for that matter, lied about a property you own overseas (for example). By stating it is your responsibility, and asking you the relevant questions, they can demonstrate that they are not at fault if they’re audited in the future and it turned out you didn’t tell the truth. In other words, they’ve done their due diligence and it’s not their fault if a client doesn’t tell them the truth. 

    I got it now, but this is not common in other countries, there is always a certificate that comes from whatever government office that states things for you, there is no auto-declaration to avoid these scenarios...
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,472 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    SDLT is a self assessed tax.  It is up to you, the tax payer, to ensure you provide accurate information.
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