Reclaiming the 3% stamp duty surcharge

Should we, as the accountant, or the solicitor help with a 3% stamp duty reclaim on a property?

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Client has been charged the 3% stamp duty surcharge on the purchase of a second property (whilst waiting to sell their original property).

They have now sold the original property and wish to reclaim the 3% surcharge (they are well within the time frames) paid on the second property.

Is this a job their solicitor, who handled the original conveyances, should help them with .. or would colleaguse here be happy to help their clients with this?

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By DA Baker
19th Dec 2016 13:00

I would normally agree that it’s the solicitor’s job. However, last week I had a client whose solicitor stated that he didn’t get involved with stamp duty refunds.

The solution was to download form SDLT 16 and get the client to fill it in and post it to the Birmingham Stamp Duty Office.

You have three months from the sale of the original PR to submit the form. The awkward bit is getting hold of the SDLT Unique Transaction Reference from the solicitor in respect of the stamp duty on the purchase of the second property.

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By petercooperuk
19th Dec 2016 22:12

I was personally in the very same situation this year. All I did was get the SDLT UTR from our solicitor and then fill out a PDF form provided by the HMRC (though you do have to print and mail it in). Awaiting the money right now but my solicitor brought up no reason why I shouldn't handle it.

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By Mark Hislop
21st Dec 2016 11:15

Agree with above comments. I have just sold a property to allow the reclaim.
Easy to get UTR from solicitor and fill out form.
My view would be to do it as part of looking after your client and bill what is an easy fee!
There is currently a 35 day processing delay.

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