Should Client Pay Stamp Duty Twice?

Stamp Duty already paid by client has not reached HMRC. SRA intervention and solicitors closed down.

Didn't find your answer?

Client has just received out of the blue a Stamp Duty demand for £6,000 plus £2 interest from HMRC in relation to a March 2017 property purchase. Client has already paid the Stamp Duty plus full purchase cost to the firm of solicitors who dealt with the transaction.

In the meantime the Solicitors Regulation Authority has intervened and shut down the firm of solicitors for some unknown reason. It would appear that the initial £6,000 Stamp Duty has not reached HMRC Stamp Office.

Should my client pay the second £6,000 (plus £2 interest), ignore it or take some alternative action. She has funds to pay if needs be.

My client knows who the intervention solicitor is.

Any useful comments would be appreciated.

 

 

 

 

 

 

Replies (3)

Please login or register to join the discussion.

David Winch
By David Winch
18th May 2017 17:51

Client should contact the intervention solicitor.
As you probably know, the SRA will intervene when there is a serious problem, for example, suspected dishonesty on the part of the solicitor.
David

Thanks (2)
By penelope pitstop
19th May 2017 12:31

The intervention solicitor has said just pay it.

The client tried to contact the Stamp Duty Office but gave up because no-one would answer the telephone.
So the client has jumped the gun and just paid the £6,002 and filled in a claim form for reimbursement in due course.

But one of my legal contacts said client should have got the SRA/Law Society to pay it. Looks like it is too late to do that now.

Thanks (0)
Replying to penelope pitstop:
David Winch
By David Winch
19th May 2017 13:15

Eventually the client should be able to recover the amount of the stamp duty from the solicitor / his insurers / the Law Society indemnity fund.
Client should keep in touch with intervention solicitor to push his claim for the refund.
David

Thanks (1)