Stamp Duty Question
 

I completed the purchase of my new house on the 17th of March this year. The solicitors should have sent the SDLT1 form into the inland revenue. Yesterday i get an SDLT12 in the post informing me that i've copped for a £100 fine. I rang up the revenue this morning who tell me that the fine is because they didnt receive the SDLT1 untill the 13 June, over two months after the deadline.

Obviously this is the solicitors fault and presuambly i should expect them to pay the fine? Am i right in thinking that?

What should my next step be? I'd rather not phone them becasue i havent got a clue what i'm talking about when it comes to things like this and they have a good method of making me feel stupid everytime i talk to them! I'll probably end up crying cos i'm very angry about this!

Help!!

while they should certainly have sorted it for you, i believe tax liability comes down to the individual unfortuantely so untimately its up to you to make sure its all declared :(

But surely you enter into a contract with the solicitor where they agree to provide certain services in return for the, not insubstantial, fee that you pay them.

If submission of all relevant forms in a timely manner comes within the scope of the services they contract to provide (and let's face it, what do they do apart from submit documents in a timely manner) then I would say they are in breach of their contractual commitment to you.

At the very least they should be obliged to pay up for any costs you incur through their mistakes.

I would try the Citizens Advice Bureau, they used to offer a free legal helpline

Write them a letter Paul, and move on it very quickly. They can't condescend to you when you write to them, but it might take longer.

Let the revenue know what you are doing as well - in case there are delays. Maybe even copy them on correspondence.

I still can't believe what you paid for your house!!! If only ...

What I'd do Paul is pay the inland revenue asap and then take it up with the solicitor to reimburse you.

As said, you're responsible to the tax man... the solicitor is responsible to you. Don't upset the tax man!

Yes Nick, you are right that its up to me to pay it, i just get the feeling that once i've handed over the money then the solicitors will be in no hurry to pay me back.

Tony, I've sent them a recordered delivery letter plus faxed them a copy so i'll give it a day or so and then see what happens.

Can't see how witholding payment from the tax man will help to speed up any arguement with the solicitors.

A couple of years ago I had a similar issue with income tax - my accountant was late submitting my form to the tax office and incurred a fine. I paid the fine and re-claimed the cost from the accountant because they were neglegent in their duty... they were most appologetic!

Same deal with your situation by the sounds of it, you should have no problem.

Never withhold payment from the Inland Revenue. It will not help you get the money from the solicitors. Revenue will take your balls not theirs even if you say it is their cockup.

Oh yes, trust me, I once worked at IR, pay mate! You'll cop for more if delayed. You are responsible to pay the taxes, not the solicitors. As Jools and Nick said, bill the solicitors, and if need be, contact the law society for advice, or CAB.

Before ya start, i worked there for 9 months on secondment. And I worked on giving money, not taking it :lol:

Cheers guys. There is no tax involved, the £100 is a fine for late submission of the stamp duty form. Also there was no stamp duty payable on my house.

I havent been able to speak to the solicitors today, i'll back up my letter with a call tomorrow.

Thanks again.