HM Revenue & Customs  

HMRC returns £30mn in overpaid stamp duty

Cornerstone said pensions appear to have been a major source of errors as businesses often sell their premises to their pension fund as part of retirement planning. 

Some solicitors and advisers may have advised their clients that stamp duty needed to be paid when it was not - meaning up to 75,000 people could be owed compensation. 

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Cornerstone said it also assisted clients transferring investment properties into, and out of, companies, family trusts and others.

It helped 180 clients, saving £5,895,557, with an average of £32,753 per client.

To date, Cornerstone said it has recovered £30mn in relation to the above as well as 47 additional reliefs that are not mentioned and often overlooked. 

“By conducting a thorough analysis, seeking professional advice, and understanding the applicable regulations, you can minimize the risk of overpaying SDLT,” the firm said.

“However, if an overpayment does occur, initiating a review promptly allows you to rectify the situation, gather evidence, and pursue appropriate actions to claim a refund or make adjustments as required.”

An HMRC spokesperson said: “Many of the SDLT claims we receive from repayment agents are wrong and some will make incorrect claims just so they can charge a fee.

“People should be very careful before allowing an agent to make SDLT claims on their behalf. They could end up having to repay all of the tax they claim, including the sizeable part the agent keeps as a fee, plus interest and a penalty of up to 100 per cent of the tax owed.”

sonia.rach@ft.com

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