Stamp Duty Land Tax (SDLT) applies to property purchases in Northern Ireland and can often be more complex than it first appears. The recent controversy involving Deputy Prime Minister Angela Rayner who came under scrutiny for avoiding around £40,000 in stamp duty on a flat purchase in Hove by removing her name from the deeds of her Greater Manchester home weeks before purchasing the Hove property, highlights the importance of ensuring that advice in this area is robust, transparent, and where necessary, supplemented by specialist tax input.
The Solicitor’s Role
When acting on a property purchase, solicitors are responsible for:
– Calculating SDLT liability based on the transaction details.
– Advising on exemptions or higher rates, such as the surcharge for second homes.
– Ensuring compliance by preparing and submitting the SDLT return to HMRC as agent for the purchaser
This advice must be given carefully and within the remit of the solicitor’s expertise, as errors can expose clients to unexpected tax bills, penalties, and even reputational damage.
Why Tax Advisors May Be Needed
The Rayner case demonstrates how property ownership structures, trust arrangements, or questions about “main residence” status can complicate SDLT calculations. In such circumstances, solicitors should recognize the limits of their remit and recommend that clients also seek advice from a qualified tax advisor. A collaborative approach ensures:
– Accurate interpretation of HMRC rules.
– Protection against underpayment or later investigation.
– Clarity and consistency across property and tax records.
Key Takeaway
For most property transactions, solicitors can guide clients smoothly through SDLT. Although in certain cases, as the Angela Rayner case illustrates, the safest course is to bring in specialist tax expertise. Doing so protects not only the client’s financial interests but also their legal and reputational standing and that of their client.