Disadvantaged Areas Relief

Disadvantaged Areas Relief

Postby jasonpaul40 on Mon Sep 19, 2011 9:21 am

If you discover that a residential property costing < £150k was actually within a disadvantaged area hence qualifying for the relief and have paid the stamp duty and it is after 30 days from the transaction date is there any way to claim the stamp duty back from HMRC or should you claim back from solictor who should have checked this? Any practical experience would be welcome. thanks
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Re: Disadvantaged Areas Relief

Postby section 44 on Mon Sep 19, 2011 11:50 am

A purchaser can amend an SDLT land transaction return up to 13 months after completion. If you are within time then you could submit an amended return containing a claim for relief. If you are not within time then there may nevertheless be a basis for seeking repayment.

It is up to you whether or not you seek repayment from the solicitor. Presumably any such claim would be based on professional negligence (i.e. you would need to be able to demonstrate that he has been negligent).
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