stamp duty penalty

Aug 27, 2004 5 Replies

Just received notice from the inland revenue, we have been fined 100 for not having our land registration documents/stamp duty paid on time. (we moved house a couple of months ago)



AFAIK we handed this to our solicitor within a week or two of the deadline.



Would it be reasonable to expect the solicitor to pay the fine?



The letter from the inland revenue referred to an appeals process. Is this a genuine appeals procedure? IE, a genuine mistake, without intent, would be excused, or is it the kind of Appeal, that follows the rules to the absolute. IE, your disabled parking disk was upside down, therefore you infringed the parking rules and the parking fine stands.....


help much appreciated....



Gaz


If you instructed him to pay the stamp duty or he neglected to do so.

It is a genuine apeals procedure but simply forgetting to pay is not a valid reason for an appeal AFAIK.

The upside down parking disk story is something of an urban myth. Locally a big fuss was made by a woman who repeatedly claimed she was "victimised" for such an infringement. In fact what she had done was to display the badge (Not the time disk) with the wrong side visible. The side she displayed was not the one that has the serial number and expiry date on it. Thus she was ticketed because the traffic warden was unable to see if the badge was current or not. Thus the ticket was corretcly issued.

The SDLT return should have been submitted within 30 days of completion of your house purchase, late submission results in an automatic mandatory fine of 100.

DKCC

But this only applies to DIY conveyancers. If you use a professional, it's part of their job to deal with SDLT on your behalf, and if they screw up, they are liable to pay the fine on your behalf too.

Yes, of course. Only indirectly, mind. The liability would be by way of compensation for breach of contract for failing to exercise due diligence or whatever it's called. Paying the SD is part of the package. The DIYer might not know and fall foul, but the professionals are expected to know, and either to deal with it or to make sure their client knows they've to do it themselves.

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