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Changes to SDLT filing and payment time limits

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HMRC is consulting until 23 November 2018 on draft amending regulations which reduce the time limit for filing an SDLT return and paying the tax due from 30 days to 14 days, in circumstances where an application has been made to defer the payment of tax.

A purchaser can apply to defer SDLT when the purchase price of the land is uncertain, or depends on the occurrence of a future contingency, such as obtaining planning permission. The draft Stamp Duty Land Tax Administration (Amendment) Regulations 2018 provide that where the uncertainty ceases or the contingency occurs, and a SDLT return has not already been made, the return must be submitted and the tax paid within 14 days.

HMRC consulted between August and October 2016 on reducing the SDLT return and payment time limit to 14 days and announced at Autumn Budget 2017 that it would introduce the changes from March 2019, with the main primary legislation to be included in Finance Bill 2019. The new time limit will apply to transactions with an effective date on or after 1 March 2019.

The draft regulations also make improvements to both the paper and online return by reducing the number of questions. The consultation includes for comment:

  • revised form SDLT3 (additional details about the land);
  • revised form SDLT4 (additional details about the transaction, including leases); and
  • revised schedule of tenancies, which would replace the two schedules of tenancies currently contained in the SDLT manual.

See https://bit.ly/2zfnGrO.

Issue: 1419
Categories: News , Stamp taxes
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