Stamp Duty
Author
Discussion

qute134

Original Poster:

17 posts

224 months

Wednesday 4th November 2009
quotequote all
Not sure if this is right area to post this, please move to correct forum if not.

Has anyone sought a refund for stamp duty paid that should not have been paid?

I am in a position where I feel I am 100% in the right to seek a refund and am in the process of putting everything together to send to HM revenue but want to ask if anyone else has been in this position to make sure I have everything covered.

Cheers

Jasandjules

72,596 posts

258 months

Wednesday 4th November 2009
quotequote all
Upon what basis?

Normally the stamp is paid by your solicitor. Did you have a solicitor who paid more than they should have? If so, have you asked them why and/or for a refund?

qute134

Original Poster:

17 posts

224 months

Wednesday 4th November 2009
quotequote all
No, I was instructed by my solicitor that I needed to pay my stamp duty as my postcode on the HM revenue website stated I was not in a qualifying area.
This was a new build site. My house was part of part one of two phases, on a large, fairly new site. This whole site is, according to the local authority as a deprived area. Although all houses are only 5-8 years old and range from 120-400K, but still classed as a deprived area as it joins a large estate that has been there for 50 years +.
My street, not phase 2 as this is a different street, is, according to the HM revenue site classed as not being in a qualifying area and therefore stamp duty is payable. Phase 2 has just been complete, no more than 25 feet from my house and this is classed as being in a deprived area and stamp duty free. I have checked every street in the surrounding area and everyone is classed as a deprived area.
Imaging my street is in the middle and every street for half a mile outside does not/has not paid stamp duty.

Looking to gather evidence to present to HM Revenue as this cannot be justified. Can it?



Jasandjules

72,596 posts

258 months

Thursday 5th November 2009
quotequote all
So then just provide all this information to the Revenue and ask them to re-classify your street?

It doesn't sound right, but I've heard equally odd stories of such things.