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Review Your SDLT Position Before You Exchange

SDLT errors identified before exchange are correctable. After completion, they require reclaims, HMRC correspondence, and in some cases a formal amendment process. If you are buying a property and your solicitor has provided an SDLT calculation, a specialist review before you commit can confirm whether the treatment is correct.

Why Pre-Exchange Review Matters

Most SDLT issues we see could have been avoided with a review before exchange. The solicitor calculates SDLT as part of the conveyancing process, but solicitors are not tax specialists. They apply the rates and thresholds correctly for a straightforward purchase, but property transactions are not always straightforward. Where the property has mixed-use elements, where the buyer already owns another property, where reliefs or exemptions may apply, or where the transaction involves a company — the SDLT position needs specialist analysis, not just a rate calculation.

 

At this stage, everything is still correctable. The return has not been filed. The tax has not been paid. If the correct treatment produces a different result from the solicitor’s initial calculation, we provide a revised computation with supporting analysis that your solicitor can use when filing the return. If the original calculation was correct, you have the assurance of an independent review before committing to a significant financial transaction.

 

What We Review

We review the title register to confirm the nature of the interest being acquired and whether any non-residential elements exist. We examine any lease arrangements attached to the property, including ground leases and commercial leases, to determine whether the transaction is residential, non-residential, or mixed-use. We assess the buyer’s ownership position to determine whether the higher rates surcharge applies and whether any exemptions are available. We check for reliefs and exemptions specific to the transaction: first-time buyer relief, replacement main residence, property company reliefs, and linked transaction rules where applicable.

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Our Process

Step 1:

Send us the draft SDLT computation from your solicitor, the title documents, and any lease arrangements for the property.

Step 2:

We review the transaction and assess the correct SDLT treatment. This includes checking the property classification, applicable rates, reliefs, and any linked transaction implications.

Step 3:

We provide a written analysis confirming the correct SDLT position. If our analysis differs from the solicitor's calculation, we provide a revised computation with full supporting reasoning.

Step 4:

Where a revised computation is needed, we provide it in a format your solicitor can use directly when filing the SDLT return. We liaise with your solicitor if any points need clarification.

Case Study

A landlord purchasing a block of flats instructed us to review the SDLT position before exchange. Analysis of the title register and lease arrangements identified a non-residential element that materially changed the applicable SDLT schedule. The liability was reassessed and the return filed on the correct basis before completion. No post-completion reclaim was necessary because the correct treatment was applied at the point of filing.

What Our Clients say

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frequently asked questions

  • Your solicitor handles the conveyancing process and files the SDLT return. But the SDLT calculation on a complex transaction requires specialist tax analysis that goes beyond the conveyancing. Where the property has mixed-use elements, where reliefs may apply, or where the ownership structure affects the rate -- these are tax questions, not conveyancing questions. We work alongside your solicitor, not instead of them.
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