Angela Rayner’s recent resignation following a £40,000 stamp duty underpayment has ignited serious discussions about responsibility, due diligence, and where conveyancing advice begins and ends. While the story has attracted widespread political attention, the underlying issue is one that affects thousands of property transactions every year — a misunderstanding of who is accountable for ensuring that SDLT is correctly calculated and paid.
For conveyancers and property buyers alike, this case is a timely reminder that SDLT is a self-assessed tax and that even the smallest oversight or assumption can lead to significant consequences down the line. With property structures becoming increasingly complex and more buyers dealing with multiple ownerships, trusts or investment properties, the need for clarity around tax obligations has never been greater.
How Did the Rayner Stamp Duty Slip-Up Happen?
The former Deputy Prime Minister paid £30,000 in stamp duty on her £800,000 Hove flat, assuming it was her main residence. However, because of a trust arrangement involving her son’s home, the property should have been classified as a second home, resulting in a liability closer to £70,000.
Rayner explained that she relied on legal advice at the time, but after consulting with a tax counsel, she accepted that the wrong amount had been paid. The conveyancing firm involved, Verrico & Associates, clarified that it did not provide tax or trust advice, and instead calculated SDLT based purely on the details she provided.
How to Avoid Mistakes in Stamp Duty?
While the political consequences have taken centre stage, the case underscores an important professional distinction: conveyancers facilitate the legal transfer of property but do not offer detailed tax planning or trust advice.
Many buyers assume that all aspects of a transaction — including taxes — fall within their conveyancer’s remit. However, SDLT is a self-assessed tax, meaning the buyer is ultimately responsible for providing full and accurate information to ensure the correct amount is paid.
What Conveyancers Should Make Clear
To help avoid similar confusion, conveyancers should ensure clients fully understand the limits of their role:
- What They Do - Calculate SDLT using HMRC guidelines, apply reliefs where clients confirm eligibility and submit returns within the legal timeframe.
- What They Don’t Do - Assess ownership complexities, advise on trusts or determine eligibility for specific reliefs and exemptions.
Encouraging clients to seek specialist advice, especially when dealing with trusts, shared ownerships or multiple properties, can prevent future disputes and strengthen client confidence.
What Property Buyers Should Know
This case serves as a practical example of why clear communication and professional boundaries are essential. As property transactions increasingly involve layered financial structures and mixed-use ownerships, it’s vital for buyers to seek independent tax advice before completion.
Doing so can help protect them from unexpected liabilities and professional embarrassments like with Angela Rayner.
Conclusion
Angela Rayner’s stamp duty issue may have made headlines because of her position, but it’s a situation that could happen to anyone. Even an honest oversight can lead to a substantial tax shortfall when the details of property ownership or trusts aren’t fully understood.
For conveyancers, it’s an opportunity to revisit how clients are guided through the SDLT process — and for buyers, a lesson in ensuring that all the right experts are consulted at the right time. In the current property market, diligence and transparency remain the best safeguards against costly mistakes.
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