Stamp duty refund refused -- what type of solicitor to appeal?

[Forthetrees]

I applied for a stamp duty refund, but HMRC has refused the refund on grounds I don't really understand. What type of solicitor should I approach for an opinion? Higher stamp duty was paid on the purchase of a second property. I then moved into the second property on divorce, so it became my primary residence within the 3 year period after purchase. Thanks for any advice!

Did you sell your previous property?

Yes, I sold it to ex husband as part of the divorce.

Any solicitor who deals in property should be able to advise you. What grounds have HMRC given for refusing the refund?

I thought this just worked - I hadn’t heard of it not working before.

I did exactly what you did OP and got the refund with no issues. Sounds like an error on HMRC’s part.

What exactly have HMRC said is the reason for the refusal?

I don't think you should pay a solicitor just yet

talk to HMRC. Sounds like something went wrong at their end.

First you can and should ask HMRC for a statement of reasons if their refusal letter does not clearly explain why your Stamp Duty refund was denied.
Under HMRC’s own taxpayer charter and administrative guidelines, you have a right to a clear explanation of any decision made against you

A formal statement of reasons forces the HMRC caseworker to specify exactly which link in your chain failed. Your solicitor will need this to know what HMRC is disputing

You may need a Tax Dispute Solicitor or a Stamp Duty (SDLT) Specialist Solicitor.

I’ve just looked back through my paperwork. I applied directly to HMRC and sent them my Land Transaction Return Certificate to show date of purchase, and the Transfer of Equity to show I was bought out, plus the divorce certificate.

Why do you say you are entitled to a refund?

If you buy a 2nd property then you have to pay a higher rate of stanmp duty but if you sell your original property within a certain time frame you get a refund of that extra.

It happened to me when my house sale fell through. To avoid losing my new house I took a bridging loan and had to pay higher stamp duty but I got a refund when I managed to find another buyer for my original house.

Just re-read the OP and don't know how I missed that.

We bought a second property sold the other within 3 years and it was our solicitor for the property transaction did the HMRC forms and went through fine and even had interest paid on the amount. I don't think our solicitor charged for doing this. I would try HMRC first as it may just be an error, have you changed surnames maybe they have not picked up or at least they could explain why. Otherwise solicitor you did property transaction through might be best option after that.

It’s really not that complicated. They’ve either made an error or they’ve not been given the full picture. The rules are very clear and you are entitled to a refund.