Everything You Need to Know About May 2026

The Finance Bill 2025-26 introduces a legal requirement for all tax advisers who interact with HMRC on behalf of clients to register with HMRC and meet minimum standards. This takes effect from 1 May 2026.

HMRC has confirmed that "filing tax returns for a taxpayer, including SDLT returns, is defined as tax advice." In February 2026 the Finance Bill Committee confirmed explicitly that conveyancers who interact with HMRC for stamp duty land tax are among those required to register—removing any remaining ambiguity. The Society of Licensed Conveyancers has raised serious concerns and urged the government to reconsider. Read the report (Today's Conveyancer).

The government's stated objective is "raising standards in the tax advice market" and protecting taxpayers from advisers who are "objectively unable" to meet HMRC's Standards for Agents.

HMRC is investing £36 million to modernise the registration system.

It applies to any conveyancer (or firm) that files SDLT returns with HMRC on behalf of clients. If you submit SDLT returns as part of your conveyancing practice, you are within scope.

Note: Scotland and Wales have separate tax regimes (LBTT and LTT). The May 2026 SDLT requirement applies to England and Northern Ireland transactions only.

Yes, if you file SDLT returns. HMRC's response was explicit:

"This applies regardless of whether the organisation views itself as a tax adviser. Filing tax returns for a taxpayer, including SDLT returns, is defined as tax advice."

Your self-perception doesn't matter. The act of filing makes you a tax adviser in HMRC's definition.

Unregistered advisers cannot interact with HMRC on behalf of clients from May 2026. You won't be able to: File SDLT returns; correspond with HMRC about client SDLT matters; represent clients in SDLT enquiries.

Penalties for operating without registration start at £5,000, rising to £10,000 for repeat breaches.

Initial penalty: £5,000

Repeat breach: £10,000

Senior managers: Personally liable for firm violations

The Finance Bill 2025-26 replaces "dishonest conduct" (the previous threshold) with "sanctionable conduct" — defined as acting "with the intention of bringing about a loss of tax revenue."

This is a significantly lower threshold. The ICAEW warns it "could apply to legitimate differences in legal interpretation, technical disputes over complex legislation and cases where HMRC and advisers both act in good faith but disagree."

Penalties are calculated by reference to potential lost revenue:

• Standard penalty: Up to 70% of lost revenue
• Minimum penalty: £7,500
• Can exceed £1 million in serious cases
• Repeat offenders (3+ penalties in 20 years): Up to 100% of lost revenue, maximum £5 million

For most solo practitioners, outsourcing the SDLT process to SDLT Check is a strong option: We collect the info, calculate, populate the SDLT1 and submit with our tax code—you get expertise and indemnity; we carry calculation and filing liability; whether you still need to register is not yet definitive; you get £5M protection on every calculation; pay-as-you-go pricing works for lower volumes.

Self-registration means personally carrying all regulatory obligations and risk.

If you self-register, yes. All senior managers must meet Conditions A, B, and C. One partner's non-compliance affects the entire firm's eligibility.

If you outsource the SDLT process to SDLT Check, we handle collection, calculation, SDLT1 and submission with our tax code. Whether your firm still needs to register as a tax adviser is not yet definitive—we'll keep you updated as guidance is clarified.

Indirectly, yes. If you fail to register properly and can't file SDLT returns, you can't complete mortgage transactions. This affects your lender panel memberships, which affects CQS-eligible work.

Using SDLT Check helps maintain CQS compliance: Our methodology reports satisfy the audit trail requirement; the calculation constitutes expert verification; you have documented, consistent SDLT processes.