Why Your Solicitor Won’t Tell You About Stamp Duty Relief (and What You Can Do About It)

When you’re buying a property, your solicitor is the key professional guiding you through the process. They check contracts, handle searches, and make sure your purchase is legally watertight.

But when it comes to Stamp Duty Land Tax (SDLT), many buyers are surprised to learn that their solicitor’s role is limited. Most solicitors will calculate your SDLT based on standard rules, complete the return, and submit the payment to HMRC. What they don’t usually do is investigate whether your purchase might qualify for one of the many reliefs available.

And that’s not a failing on their part - it’s simply not their area of focus.

The Role of Your Solicitor

Your solicitor’s priority is to complete your purchase smoothly and securely. SDLT is just one part of that process, and it tends to be treated as a straightforward “box-ticking exercise.”

The challenge is that SDLT isn’t straightforward at all. With dozens of reliefs, exemptions, and frequently changing rules, it’s an area of tax law in its own right. Unless your solicitor has specific SDLT expertise, they are unlikely to be able to advise you on the finer details.

Why SDLT Reliefs Are Often Overlooked

There are a few simple reasons why SDLT reliefs can be missed during the conveyancing process:

• Time pressure - conveyancers handle multiple transactions at once and focus on keeping your purchase moving.
• Complexity - SDLT has over 40 reliefs and exemptions, some of which rely on very technical definitions.
• Different expertise - your solicitor is a legal professional, not a tax adviser. Their job is to protect your legal interests.

This doesn’t mean your solicitor has done anything wrong - only that SDLT sometimes requires an additional layer of specialist review.

Examples of Reliefs That Can Apply

At SCA Tax, we frequently see cases where a specialist SDLT review makes a real difference:

• Mixed-Use Properties
  Where a property includes both residential and non-residential elements (for example, farmland, commercial premises, or a shop with a flat above).
• Probate and Inherited Properties
  SDLT can apply differently when property is transferred through inheritance or probate. In some situations, no SDLT is due at all - but buyers often aren’t told this.
• Group and Corporate Reliefs
  When properties are transferred between companies within the same group, or bought under a corporate structure, reliefs may be available to reduce or eliminate SDLT.
• 5% Surcharge Exceptions
  The additional 5% surcharge doesn’t always apply - for example, if you are replacing your main residence, or if timing rules mean you fall within an exemption.

What Buyers Can Do

The good news is that there are options to make sure you don’t pay more SDLT than you need to:

1. Before Completion - you can ask for an SDLT specialist review to identify any potential reliefs before your solicitor files the return.
2. After Completion - if you’ve already paid, you may still be able to claim a refund within HMRC’s deadlines (usually 12 months from filing, or up to 4 years depending on the relief).

How SCA Tax Can Help

At SCA Tax, SDLT is our sole focus. We work alongside buyers and their solicitors to ensure no relief is overlooked.

• Specialist knowledge of every SDLT relief and exemption.
• Practical experience with HMRC guidance and case law.
• A track record of helping clients secure significant savings and refunds.

We don’t replace your solicitor - we complement their work by focusing solely on the SDLT side.

Your solicitor plays a crucial role in getting your property purchase completed safely. But because SDLT is such a complex and specialist area, it makes sense to get an additional review from experts who focus on this one tax alone.

That way, you benefit from the best of both worlds: a solicitor who keeps your transaction secure, and an SDLT specialist who ensures you don’t overpay the tax bill.

Thinking of buying, or worried you may have overpaid? Get in touch with SCA Tax. One quick review could save you thousands.