The Purchaser’s responsibilities
- When must the purchaser complete and send the land transaction return?
- Payment
- What happens if the return and payment are late?
- What happens if the return is not complete and correct?
- Enquiries
- Enquiry period
When must the purchaser complete and send the land transaction return?
SDLTM00070 The fully completed return must be delivered to us by the 'filing date'. This is 30 days after the effective date of the transaction.
Payment
The purchaser is responsible for payment of the tax. If the tax is paid by cheque, it must accompany the return.
What happens if the return and payment are late?
SDLTM85930 A return is late if we receive it after the filing date, i.e. 30 days after the effective date of the transaction. The effective date is the date entered at question 4. Interest is payable on any tax that is paid late.
SDLTM86120 Whether or not any tax is chargeable on the transaction the purchaser is liable to a flat-rate penalty of £100 if a return is delivered within 3 months after the filing date and £200 in any other case.
SDLTM86130 In addition, if the return is submitted more than 12 months late the purchaser may be liable to a penalty based on the amount of tax chargeable for the transaction.
What happens if the return is not complete and correct?
Responsibility for all information supplied lies with the purchaser. We will communicate with your agent if you have indicated that this is appropriate at question 59 of the SDLT1.
SDLTM80570 If errors or omissions in the return mean that we are unable to process it, you will not get a ‘Revenue certificate (form SDLT5)’ we will get in touch with you.
SDLTM80580 If you realise after notification that you need to amend the return, please contact us in writing if possible. You cannot make an amendment more than 12 months after the filing date.
Enquiries
SDLTM80810 The Stamp Office may make enquiries into the land transaction return despite the fact that a 'Revenue certificate (form SDLT5)' has been issued. We will contact you before the end of the enquiry period advising that an enquiry has been opened.
SDLTM80560 The purchaser should keep all relevant records for the transaction for six years from the date of notification. If an enquiry is made these records should be kept until the enquiry is completed. The purchaser may be charged penalties for failing to keep records.
Enquiry period
SDLTM80840 The enquiry period is the period of nine months after:
- the filing date, if the return was delivered on or before that date
- the date on which the return was delivered, if after the filing date
- the date any amendment was made to the return
