What your solicitor does (and what they don’t)

When you’re buying or selling property, there’s a lot going on and it’s natural to expect your solicitor to guide you through all of it, including tax.

But there’s an important point that often gets misunderstood: Your solicitor is not your tax adviser.

Why the confusion?

Changes introduced in the Finance Act 2026 see HM Revenue & Customs (HMRC) introducing new terminology, referring to firms submitting tax returns (like SDLT) as “tax advisers.” That label is causing confusion.

In reality, your solicitor’s role is to:

• Advise you on the legal aspects of your property transaction
• Handle the process of submitting the Stamp Duty Land Tax (SDLT) return
• Act as your agent when filing that return

What they are not doing is providing detailed tax advice on complex tax positions.

SDLT: simple in most cases, complex in a few

For the vast majority of transactions, SDLT is straightforward. Your solicitor will:

• Use HMRC’s calculator
• Confirm the amount with you
• Submit the return with your approval

But in a small number of cases, typically 2–5% of transactions, things become more complex. This might involve:

• Livery yards, an uninhabitable property or office space.
• Unusual ownership structures
• Reliefs or exemptions

When that happens, specialist tax advice is needed and, importantly, this isn’t a failure on your solicitor’s part. It’s a reflection of how complex the tax system has become.

The real issue: a complicated system

The UK tax system around property, particularly SDLT, has evolved into something highly technical. Bluntly put If it feels complicated, that’s because it is.

And that complexity sits with government policy, not with your solicitor so be careful where you get tax advice

Where things can become risky is when clients turn to:

• Low-cost, unregulated providers
• Online “quick advice” services
• Companies offering answers that seem too good to be true

Tax advice should be:

• Qualified
• Regulated
• Insured

If it isn’t, and something goes wrong, you may have little protection.

Whose responsibility is the tax?

SDLT is a self-assessed tax. That means:

• You, as the client, are responsible for the accuracy of the return
• Your solicitor submits it on your behalf, based on your instructions

If specialist advice is needed, it’s your responsibility to obtain it just as you would for any other financial decision.

What this means for you

Your solicitor is your legal expert, not your tax strategist. Most transactions are straightforward but some require specialist input.

If advice sounds too cheap or too easy, take a step back and check it carefully. Always ensure any tax advice you rely on is professional and insured.

Final thought

Property transactions often require different types of expertise. Your solicitor wears many hats but a tax adviser one isn’t one that properly fits.

Understanding that distinction helps protect you, your transaction, and your peace of mind.

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