Situation 11
SDLT already paid
Where a transaction has completed and the return has gone in, the question is what the correct figure was, and then separately what can still be done about the difference.
The short answer
We look at this the same way round every time. Establish the right answer first. Only then consider whether there is a route to correct the return, and what the consequences of taking it are. We are not paid on the outcome, so we have no reason to reach for a claim that is not there.
Where this usually goes wrong
These are the patterns we see most often. Each one is a situation where the obvious answer and the correct answer are different.
Starting from the refund rather than the facts
A review that begins by looking for a claim will usually find one, whether or not it is right.
Missing an underpayment
A review can conclude that too little was paid. That is uncomfortable and it is better found by you than by HMRC.
Time limits that have already run
Different routes carry different limits and some are shorter than people expect.
Claims made by somebody else
Where a repayment agent has already submitted something, the position needs to be understood before anything further is done.
Underestimating the enquiry risk
An amendment can be looked at. The purchaser carries the consequence.
The facts that decide it
If you want to know where you stand before you speak to anyone, these are the questions we will ask. Having the answers ready is most of the work.
- 01What was the effective date and what was the consideration?These two facts anchor every figure in the computation.
- 02What was declared on the return, and on what basis?We need the position actually taken before it can be compared with the correct one.
- 03Who prepared the return and what were they told?The information given at the time explains how the figure was arrived at.
- 04What are the full facts as they stood at the effective date?The correct figure is established from the position on that date, not the position today.
- 05What evidence exists, and does it predate completion?Contemporaneous documents carry weight that material created afterwards does not.
- 06Has any claim already been made, by anybody?Anything already submitted forms part of the record and shapes what can sensibly follow.
- 07Has HMRC corresponded about the transaction?Open correspondence changes the order in which matters have to be dealt with.
- 08What is the UTRN?It identifies the return so the filed position can be located and checked.
What we would want to see
The analysis is only as good as the documents behind it. For this situation, that normally means:
- The SDLT return as filed
- The UTRN for the transaction
- Completion statement, where available
- Details of every property interest held
- Evidence of any disposal and its date
- Details of all purchasers and their positions
- Any claim or amendment already submitted
- Correspondence with the conveyancer on the point
Questions we get on this
Does a review mean money comes back?
That does not follow, and we would not want you to start there. A review establishes what the correct figure was. It can show that the right amount was paid, that too little was paid, or that there is a difference the other way. What can properly be done about a difference is a separate question we come to afterwards.
A company has contacted me saying my transaction qualifies.
That is your decision to make, but the return is yours and the responsibility for it stays with you rather than with whoever submits something on your behalf. Before anything is filed in your name, it is worth having the correct figure established by somebody whose fee does not depend on the answer.
What happens if the review shows too little was paid?
We tell you, in writing, with the reasoning set out so you can see how we got there. You then decide what you want to do with that. It is a better position to be in than having the same point raised with you by HMRC later.
Will you just tell me what I want to hear?
No. Our fee is fixed and does not depend on the outcome, which means we have no interest in finding a saving that is not there. If the original return was right, we will tell you that in writing, and you will have a reasoned position on file if it is ever looked at.
This page is general information only and is not advice. It applies to transactions in England and Northern Ireland. Reviewed 16 August 2026.