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What To Do About Disclosure in SDLT

Patrick Cannon considers the practical difficulties involved in making disclosure when filing an SDLT return and suggests some solutions
One area of current difficulty in SDLT is how (and what) to make by way of a disclosure when filing a return so that HMRC cannot raise a 'discovery' assessment once the normal enquiry period of nine months and 30 days has passed since the effective date of the land transaction in question. There is nothing for the taxpayer to feel guilty about in seeking to rule out a discovery assessment and indeed the taxpayer's funders and probably also HMRC have an interest in the certainty that ruling out a subsequent assessment brings. The issue of disclosure by way of the tax return was of course examined in great detail in the income tax context by the Court...

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