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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I bought a property three years ago. the conveyansor said i

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i bought a property three years ago. the conveyansor said i could be exempt from stamp duty. they arranged for this successfully and i paid £1600 in total but got £700 back and the conveyanser got £900 as fee. about one year ago i got a letter from HMRC saying that the conceyanser is a dodgy firm and i need to pay full stamp duty. i paid back the £700 i received and said that i actually had paid the full £1600 stamp duty without knowing the firm is dodgy and i am not exempt from stamp duty. but HMRC insisted that i should pay in full. my question is am i liable to pay stamp duty in full even though i had paid it in full three years ago but got £700 back but then repaid this £700 to HMRC. Was HMRC at fault or bear partial reaponsibility for their neglience and incompetence in approving the stamp duty exemption application by my conveyanser later found to be dodgy? Thank you.
Submitted: 5 months ago.
Category: Law
Expert:  Nicola-mod replied 5 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 5 months ago.
Dear Nicola,
I'm ok to wait longer for an answer. Thank you for letting me know the situation - I can understand sometimes it is not easy to find a professional with knowledge and expertise suited for a specific question.
Thank you again.
Eric
Expert:  Nicola-mod replied 5 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 5 months ago.

Thank you. Assuming that HMRC Stamp Office are correct, then you are liable to pay the stamp duty. HMRC do not usually calculate stamp duty, that is done by the solicitor. What we don’t know is what the solicitor submitted to HMRC.

Hence, it is most unlikely that any blame would attach to the revenue you do have cause for complaint against the firm of solicitors if they are still in business.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8966
Experience: I have been practising for 30 years.
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