Is My Solicitor Responsible for Overpaid Stamp Duty?

Many Buyers Overpay Stamp Duty - But Who’s Responsible?

When buying a property, most people rely on their solicitor to handle Stamp Duty Land Tax (SDLT).

But solicitors aren’t SDLT specialists - and complex HMRC rules mean mistakes are common.

If you’ve overpaid Stamp Duty, you have options: you may be able to claim a refund and, for future purchases, use pre-completion SDLT advice to avoid it happening again.

What Solicitors Typically Do

Your solicitor’s role is to:

Complete your SDLT return
Calculate the tax based on information provided
Submit payment to HMRC

They’re not required to give tax advice - and that’s where errors occur.

HMRC’s SDLT rules are full of exemptions and reliefs, which most conveyancers aren’t trained to interpret.

Common Reasons for Overpaid SDLT

We often see clients who overpaid because their solicitor:

Misapplied the 5% higher rate surcharge
Missed available reliefs
Used the wrong property classification
Submitted incomplete or inaccurate details to HMRC

Each of these mistakes can cost thousands of pounds unnecessarily.

Can I Hold My Solicitor Responsible?

In most cases, solicitors aren’t at fault when too much Stamp Duty has been paid.
SDLT is a complex and ever-changing area of tax law, and conveyancers are primarily focused on completing your property transaction efficiently and accurately.

Rather than pursuing a complaint, it’s usually more effective to have your SDLT position reviewed by a specialist.

At SCA Tax, we work alongside solicitors and conveyancers to identify where an overpayment may have occurred, prepare the evidence HMRC requires, and recover the overpaid SDLT quickly and compliantly.

How to Prevent Stamp Duty Mistakes in the Future

If you’re about to buy another property, you can avoid this situation altogether with pre-completion SDLT advice.
Our experts review your transaction before completion to ensure: