Click the buttons below to follow the guided steps.
Click the buttons above to follow the guided steps. This will provide you with a structured plan for your sales call with a potential client.
Claim Success Rate:
When a property isn’t livable and you’ve done all the required paperwork, we’ve seen a 100% success rate for claims being paid by HMRC. This is due to the fact that stamp duty land tax is self-assessed, and the Finance Act 2003 allows for reassessment if requested by the payer.
The case between PN Bewley and HMRC set a precedent: if a property isn’t habitable due to its condition, it shouldn’t be classified as residential for stamp duty purposes. This combined with the 2003 Finance act means you can reclaim overpaid stamp duty.
Residential vs Non-Residential Stamp Duty:
For property investors buying a property over £40,000 and paying the 3% surcharge for additional properties, non-residential stamp duty rates are lower. This also applies if a homeowner buys a property for over £1 million.
Principle of Livability:
A property is considered unlivable if it’s unsafe or if general neglect would deter a reasonable person from living there.
Winning Case Conditions:
- Extensive Renovations: Over £3000 spent on essentials like a new boiler after buying.
- Toxic Mould: Any amount can make a case viable due to strict UK Government guidelines on toxic mould.
- Damp: Serious cases affecting livability strengthen your case.
- Property Neglect: Obvious neglect, such as bad wear and tear or outdated features.
HMRC Timeout Period:
After paying a claim, HMRC has nine months to review their decision. Beyond that, they can’t legally reclaim the money.
Nearly all (99.25%) of claims that are paid, stay paid. Only 0.75% are refunded, usually because the argument about the property’s condition isn’t strong enough. That’s why we focus on submitting strong cases to HMRC.
Contesting HMRC Queries:
If HMRC challenges the claim and asks for a refund, you can contest it. Roughly, they drop the query half of the time.
Fee Refund Assurance:
In the event of a necessary refund, we will return all our case refund fees to you, thanks to the low probability of HMRC queries.