A Today’s Conveyancer poll has revealed only 10% of conveyancers are prepared for upcoming HMRC requirements to register as tax advisers, with the remaining 90% saying they’re unprepared (33%) or need more information (57%).
From 18 May, tax advisers who interact with HMRC on behalf of clients will be legally required to register as tax advisers and meet the minimum standards set out by HMRC.
Filing tax returns for a taxpayer, including stamp duty returns, is defined as tax advice, meaning conveyancers who interact with HMRC to do so will be required to register, even if parts of the tax work are outsourced.
The Today’s Conveyancer’s poll, while limited to a small sample, reflects the sentiment of conveyancers and membership bodies, who have been sharing concerns since the changes were announced.
Earlier this year, the Council for Licensed Conveyancers wrote to the Treasury urging it to reconsider its stance, warning the requirement would duplicate regulatory effort and increase the burden on conveyancers.
In March, the Conveyancing Association said the new rules were “disproportionate” and risked “serious unintended consequences for firms and consumers alike”. And last month, the Society of Licensed Conveyancers and Bold Legal Group issued a joint statement saying they were “extremely concerned” about the lack of clear guidance from HMRC amid a “high volume of queries from members” and said they were seeking urgent clarification from ministers.
Members of the Bold Legal Group forum have shared their worries about the changes, with one warning about scope creep, client perception and practice risk. They added: “I don’t think it is appropriate for conveyancers or conveyancing firms to register as tax advisers.”
Other members said they were confused about outsourcing to third parties, with one saying: “I did explore a third party but I can’t see we can offload the liability if we are submitting the return or paying the SDLT… The conclusion I have come to is that we need to register and get some good team SDLT training.”
One conveyancer suggested firms should update their terms, “to ensure their retainer emphasises we are not tax advisers”.
When approached by Today’s Conveyancer, HMRC said the changes will raise standards across the sector and more guidance will be issued in the coming weeks.
A spokesperson said: “The new registration requirement will support tax advisers who play by the rules and improve our ability to monitor and exclude businesses who don’t meet our standard for agents or cannot lawfully act as a tax adviser.”
Rob Hailstone is CEO and founder of Bold Legal Group. He said: “It seems premature to begin registration on 18th May, just four weeks away, when HMRC has recently stated that further guidance will be issued in the coming weeks. There should be a reasonable interval between the publication of final guidance and the commencement of registration, particularly given that we have yet to hear from lenders, professional indemnity insurers and others.
“That said, the registration period is expected to last at least three months, so firms will still have sufficient time, even with an 18th May start date, to consider the final guidance and determine the most appropriate course of action.
Possible approaches include registering and continuing to operate as you do now, registering and outsourcing to a specialist provider (subject to appropriate due diligence), or registering and directing clients to an SDLT expert when specialist advice is required.”
Bold Legal Group will be holding a panel session on the topic at its conference on 17 June. Representatives from HMRC and the Law Society, along with lenders, PII insurers and SDLT have been invited to contribute.
“For those that attend, it will still allow firms ample time to assess their options when in possession of the full facts,” Hailstone said.
HMRC has published guidance to support businesses who are required to register, which can be found here: Check if you meet HMRC’s conditions to register as a tax adviser – GOV.UK.
One Response
An excellent piece
Many of us in the Conveyancing Task Force have felt for months that the HMRC tax‑adviser changes are not a simple technical tweak. They sit within a policy landscape that is becoming increasingly complex, contradictory, and, frankly, more precarious for frontline conveyancing practitioners. The truth is that the government is facing two ways at once.
On one hand, the Treasury is tightening its grip, extending regulatory reach into areas that were never meant to sit within a conveyancer’s professional remit. On the other the housing ministry continues to chase a frictionless, high‑volume housing market built on commoditised conveyancing. These two instincts cannot be reconciled, yet conveyancers are expected to accept all the risks.
For high‑volume law firms in particular, this is a real challenge. Conveyancing has never been a process that can be practised in a vacuum. It is rooted in legal context, professional judgment, and an understanding of the wider legal and financial ecosystem. When the state simultaneously expands obligations and accelerates throughput, something has to give. And too often, it is the practitioner’s professional safety.
Unfortunately, the time for debate has passed.
Firms need to prepare now. That means revisiting retainers, tightening scope, and expressly excluding taxation advice in a way that is both ethically robust and compliant with consumer contract regulations. And they must register by the deadline date.
Conveyancers must ‘batten down the hatches’ in light of a government that simply does not listen to the professionals and is becoming more authoritarian.