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Stamp Duty Land Tax claims

We have extensive experience with Stamp duty land tax overpayment and SDLT exemption claims.

Am I able to claim a stamp duty refund?

Stamp duty land tax (SDLT) is a crucial part of purchasing any property, and one of the biggest costs a homeowner will incur. However, if you have purchased a residential or non-residential property that had defects at the time of purchase, leaving the house unhabitable, or difficult to live in, you may be able to claim SDLT.

Here at Rothley Law, we have extensive experience with Stamp duty land tax overpayment and SDLT exemption claims.
Contact us now for a free review and we can advise whether you may be entitled to compensation.

If you answer yes to any of the below, then you should contact us to see if we can assist.

Qualification criteria

  • Shared ownership property purchased by first-time buyers under £500,000.00
  • Buy-to-let, or second property that has been purchased for £40k+
  • Primary or secondary property/building which was unhabitable at the time of purchase
  • The property was purchased within the last 4 years
  • A residential or non-residential property was purchased within a Self-Invested Personal Pension (SIPP) or Small, Self
  • Administered Pension Scheme (SSAS)
  • Property purchased with an annexe

Have you purchased an investment property, a second property or a property within your pension scheme?

The chances are if you did purchase an additional property that no one advised you to review the Stamp Duty you paid on the transaction. We at Rothley Law can review the transaction and seek to recover any overpaid amount, should the incorrect amount of Stamp Duty have been paid.

Contact us now for a free review and we can advise whether you may be entitled to compensation.

What makes Rothley Law different?

  • At Rothley Law, we are an independent Law firm working alongside qualified and experienced tax advisers, to achieve for you, the best results realistically obtainable.
  • We take a professional and cautious approach to claims. We will only pursue claims where our customers’ evidence clearly meets the criteria to do so.
  • We engage independent tax advisers to advise us and we ensure that all claims we submit are professionally prepared and the evidence provided supports the claim.

Frequently Asked Questions

What is Stamp Duty Land Tax (SDLT)?

Have you purchased an investment property, a second property, a multiple dwelling, mixed use property or a property within your pension scheme?

The chances are if you did purchase any of the above, that you were not correctly advised in relation to the amount of Stamp Duty you should have paid on the transaction. Stamp Duty legislation is complicated and contains over 40 different reliefs.

Conveyancers and agents are often not aware of, or fully consider, the relief details. Typically they rely on the HMRC tax calculator which is overly simplified and quickly available. In addition, some relief may be claimed retrospectively.

We at Rothley Law can review the transaction for free, and if we consider you have overpaid Stamp Duty, we can seek to recover any amounts on a no win no fee basis. Unlike other firms, we are a professional, nationwide law firm, and we use qualified tax advisors on each case to ensure we only take cases forward with a strong chance of success.

How could I have overpaid SDLT?

SDLT is a self assessed tax and calculated by you or your advisors when you purchase a property be that residential, commercial or even land. Rates differ and they are applied depending on the type of property and the purchase price of the property.

If you purchased a property that meets any of the following criteria, you potentially could have overpaid SDLT:

  • Have you purchased an investment property?
  • Have you purchased a second home or a second home before you sold your original home?
  • Have you purchased a property with an annexe?
  • Have you purchased a property under a shared ownership scheme?
  • Have you purchased a property which had defects such as: damp, structural issues, electrical issues, asbestos present, incomplete kitchen or bathroom.  (Note: This is not an exhaustive list so please contact us to discuss further).
  • Have you purchased a property with mixed use, i.e. part of the building has a commercial use, such as a shop, or a farm.
  • Have you transferred a property into a pension e.g. a SIPP

How easy is it to make a rebate claim?

In order to submit a claim to HMRC for any overpaid SDLT, you must detail on what basis you believe you have been overcharged. This is a complicated and technical matter and we partner with a specialist tax advisory firm to ensure we detail in full the basis of the reclaim.

What documents will I need?

We will need to review the property transaction documents and the SDLT form submitted, but don’t worry if you don’t have these to hand, as our team will liaise with the relevant parties to get the documentation required.

Claims with HMRC take forever, don’t they?

We submit each claim with a complete report on how the SDLT came to be overcharged and the amount due back to you, on this basis HMRC typically take 8 weeks to process the reclaim as they have all the documentation they require at the point of submitting your reclaim.

How far back can I claim?

HMRC typically say up to 4 years, however this is not a hard and fast rule and we believe that claims up to 6 years should be reviewed.

What makes Claims Supermarket different?

  • Specialist tax advisors are involved on every case and if necessary we will pay for specialist advice.
  • We take a professional approach to each case and will only pursue a HMRC rebate if we consider it has a real prospect of success.
  • HMRC rebate claims are professionally and individually prepared and are submitted with the relevant evidence to support such a claim.
  • We believe that by taking this approach you can be confident that you have a rebate claim with a strong prospect of success.
  • Claims Supermarket will not charge you for the initial investigation and can work on a no win no fee to take a case forward.