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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032837.html

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2003 No. 2837

TAXES

The Stamp Duty Land Tax (Administration) Regulations 2003

  Made 7th November 2003 
  Laid before the House of Commons 10th November 2003 
  Coming into force 1st December 2003 

The Commissioners of Inland Revenue, in exercise of the powers conferred upon them by sections 79(4), 90(2), (3) and (6) and 113(2) of, and paragraph 1 of Schedule 10, paragraph 2 of Schedule 11, and paragraphs 33(2), 36, 37(1) and (2), 41 and 42 of Schedule 13 to, the Finance Act 2003[1], and the Treasury, in exercise of the powers conferred upon them by paragraph 2(6) of Schedule 12 to that Act, make the following Regulations:



PART 1

GENERAL

Citation and commencement
     1.  - (1) These Regulations may be cited as the Stamp Duty Land Tax (Administration) Regulations 2003 and shall come into force on 1st December 2003.

Interpretation
     2.  - (1) In these Regulations - 

    (2) In these Regulations, a reference to a numbered section without more is a reference to the section of the 2003 Act bearing that number.



PART 2

REVENUE CERTIFICATES AND SELF-CERTIFICATES

Interpretation of Part 2
     3. In this Part - 

Conditions to be met before a Revenue certificate is issued
     4.  - (1) The conditions specified in paragraphs (2) to (5) must be met before a Revenue certificate is issued.

    (2) The first condition is that a land transaction return in respect of the transaction must have been received by the Inland Revenue.

    (3) The second condition is that the return (together with any other returns that are required) - 

    (4) The third condition is that - 

    (5) The fourth condition is that, as required by section 76(3)(b), payment of the amount of tax chargeable in respect of the transaction accompanies the return.

Form and contents of Revenue certificates
     5.  - (1) A Revenue certificate must be in writing and must contain the information prescribed by paragraphs (2) to (7).

    (2) The information prescribed by this paragraph is the address of the land to which the transaction relates.

    (3) The information prescribed by this paragraph is any number recorded - 

    (4) The information prescribed by this paragraph is any National Land and Property Gazetteer Unique Property Reference Number.

    (5) The information prescribed by this paragraph is a description of the transaction.

    (6) The information prescribed by this paragraph is the effective date in relation to the transaction (within the meaning given by section 119).

    (7) The information prescribed by this paragraph is - 

Duplicate Revenue certificates
     6.  - (1) If the Inland Revenue are satisfied that a Revenue certificate has been lost or destroyed ("the original certificate"), a duplicate Revenue certificate may be issued.

    (2) The duplicate Revenue certificate may be issued in the form of - 

Multiple Revenue certificates
     7.  - (1) This regulation applies where a land transaction return is made relating to more than one transaction.

    (2) Subject to paragraph (3), the Inland Revenue shall issue one Revenue certificate in respect of the transactions to which the return relates.

    (3) If the purchaser requests on the return that separate Revenue certificates be issued in respect of each of the transactions to which the return relates, the Inland Revenue may provide separate certificates in respect of any of those transactions.

Form and contents of self-certificate
     8.  - (1) A self-certificate must be in writing and - 

    (2) A self-certificate must contain the information required by the form prescribed by Schedule 1.



PART 3

LAND TRANSACTION RETURNS

Form and contents of land transaction return
     9.  - (1) A land transaction return must be in writing and completed in black ink.

    (2) A land transaction return must be - 

    (3) A land transaction return must contain the information required by the forms prescribed by Schedule 2.



PART 4

DEFERRED PAYMENTS

Interpretation of this Part
     10.  - (1) In this Part - 

When application to be made
     11. An application must be made on or before the last day of the period within which the land transaction return relating to the transaction in question must be delivered.

Form and contents of application
     12.  - (1) An application must be in writing.

    (2) An application must set out all the facts and circumstances relevant to it and, in particular, must specify - 

Additional contents of application where consideration consists of works or services
     13.  - (1) This regulation applies where the consideration to which an application relates, or any element of that consideration, consists of - 

    (2) The application must contain a scheme for payment of tax which must include - 

Provision of information
     14.  - (1) The Inland Revenue may by notice in writing require a person by whom an application is made to provide such information as they may reasonably require for the purposes of determining whether to accept the application.

    (2) A notice given under this regulation must specify the time (which must not be less than 30 days from the date of issue of the notice) within which the applicant must comply with it.

Recovery of tax not postponed by application
     15.  - (1) This regulation applies where an application has been made but has not been accepted by the Inland Revenue (including where there is an appeal under regulation 19 against the refusal of the application).

    (2) The tax in respect of the chargeable consideration to which the application relates remains due and payable as if there had been no application (and, if relevant, no appeal).

This is subject to - 

    (3) Payment of an amount of such tax as would not be due and payable if the application were accepted shall be postponed pending the reaching of a decision on the application.

    (4) If an application is refused by the Inland Revenue, and there is no appeal under regulation 19 against the refusal of the application, the date on which any tax the payment of which had been postponed under paragraph (3) is due and payable shall be determined as if it were charged by an assessment of which notice was issued on the date on which the Inland Revenue issues to the applicant a notice of the total amount payable in consequence of the refusal of the application.

This is subject to - 

Notice of decision on an application
     16.  - (1) The Inland Revenue must give notice in writing to the person by whom the application was made of their decision whether to accept or refuse an application.

    (2) Where the Inland Revenue accept an application, the notice must set out the terms on which the application has been accepted and, in particular, must - 

    (3) Where the Inland Revenue refuse an application, the notice must set out - 

Grounds on which application may be refused
     17. An application may be refused by the Inland Revenue if - 

Tax avoidance arrangements
     18.  - (1) For the purposes of regulation 17(c), arrangements are tax avoidance arrangements in relation to a transaction if their main object or one of their main objects is - 

    (2) In this regulation, "arrangements" includes any scheme, agreement or understanding, whether or not legally enforceable.

Right of appeal
     19.  - (1) An appeal may be brought against a refusal by the Inland Revenue to accept an application.

    (2) The appeal lies to the General or Special Commissioners ("the Commissioners").

Notice of appeal
     20.  - (1) Notice of an appeal under regulation 19 must be given - 

    (2) The notice of appeal must specify the grounds of appeal.

    (3) On the hearing of the appeal the Commissioners may allow the appellant to put forward grounds not specified in the notice, and take them into consideration, if satisfied that the omission was not deliberate or unreasonable.

Settling of appeals by agreement
     21.  - (1) If before an appeal under regulation 19 is determined, the appellant and the Inland Revenue agree that the decision appealed against - 

the same consequences shall follow, for all purposes, as would have followed if, at the time the agreement was come to, the Commissioners had determined the appeal and had upheld the decision without variation, varied it in that manner or discharged or cancelled it, as the case may be.

    (2) Paragraph (1) does not apply if, within 30 days from the date when the agreement was come to, the appellant gives notice in writing to the Inland Revenue that he wishes to withdraw from the agreement.

    (3) Where the agreement is not in writing - 

    (4) Where - 

paragraphs (1) to (3) have effect as if, at the date of the appellant's notification, the appellant and the Inland Revenue had come to an agreement (orally or in writing, as the case may be) that the decision under appeal should be upheld without variation.

    (5) References in this regulation to an agreement being come to with an appellant, and to the giving of notice or notification by or to the appellant, include references to an agreement being come to, or notice or notification being given by or to, a person acting on behalf of the appellant in relation to the appeal.

Direction by Commissioners postponing payment
     22.  - (1) An appellant may by notice in writing apply to the Commissioners for a direction that payment of an amount of tax - 

shall be postponed pending the determination of the appeal.

    (2) The notice must - 

    (3) If, after any determination on such an application of the amount of tax payment of which should be postponed, there is a change in the circumstances of the case as a result of which either party has grounds for believing that the amount so determined has become excessive or, as the case may be, insufficient, he may, by notice in writing given to the other party at any time before the determination of the appeal, apply to the Commissioners for a further determination of that amount.

    (4) An application under this regulation shall be heard and determined by the Commissioners in the same way as an appeal.

The fact that any such application has been heard and determined by any Commissioners does not preclude them from hearing and determining the appeal or any further application under this regulation.

    (5) The amount of tax of which payment is to be postponed pending the determination of the appeal is the amount (if any) which appears to the Commissioners, having regard to the representations made and any evidence adduced, to be appropriate.

    (6) Where an application is made under this regulation, the date on which any tax of which payment is not postponed is due and payable shall be determined as if the tax were charged by an assessment of which notice was issued on the date on which the application was determined.

    (7) On the determination of the appeal - 

Agreement to postpone payment
     23.  - (1) If the appellant and the officer of the Board by whom the notice of the decision to refuse the application was given agree that payment of an amount of tax should be postponed pending the determination of the appeal, the same consequences shall follow, for all purposes, as would have followed if, at the time the agreement was come to, the Commissioners had made a direction to the same effect.

This is without prejudice to the making of a further agreement or of a further direction.

    (2) Where the agreement is not in writing - 

    (3) References in this regulation to an agreement being come to with an appellant, and to the giving of notice to or by the appellant, include references to an agreement being come to, or notice being given to or by a person acting on behalf of the appellant in relation to the appeal.

Payments and returns
     24.  - (1) This regulation applies where the Inland Revenue accepts an application.

    (2) If the application relates to deferring the payment of tax that has already been paid, the amount already paid shall be repaid together with interest as from the date of payment.

    (3) The purchaser must make a return or further return ("the return") to the Inland Revenue - 

    (4) The return must be accompanied by payment of any tax or additional tax payable.

    (5) If the effect of the return is that less tax is payable in respect of a transaction than has already been paid, the amount overpaid shall on a claim by the purchaser be repaid together with interest as from the date of payment.

Form and contents of returns
     25.  - (1) A return under regulation 24(3) must be in writing and must contain the following information - 

    (2) The amounts mentioned in paragraph (1) must be calculated by reference to the rates in force at the effective date of the transaction.

Adjustment of payments made as mentioned in section 90(5)
     26. Where - 

section 80 (adjustment where contingency ceases or consideration is ascertained) does not apply in relation to the payment and, instead, any necessary adjustment shall be made in accordance with these Regulations.

Returns and payments where consideration consists of works or services
     27.  - (1) This regulation applies where a return or further return is required to be made in accordance with regulation 24(3)(b)(ii) and the carrying out of the works or provision of the services in question is expected to be substantially completed within a period of less than 6 months after the date on which the return or further return is required.

    (2) Where this regulation applies, the applicant and the Inland Revenue may agree that the scheme of payment mentioned in regulation 13(2)(b) should be varied so that the next return or further return due to be made in respect of the consideration, or element of the consideration, consisting of the carrying out of such works or the provision of such services may be made within 30 days after the substantial completion of the carrying out of the works or the provision of the services.

    (3) If the carrying out of the works or provision of the services in question is not substantially completed within a period of less than 6 months after the date on which, apart from the variation of the scheme of payment, the return or further return would have been required - 

Applications accepted by the Inland Revenue having no effect
     28. For the purposes of Part 4 of the Finance Act 2003 and these Regulations, an application which has been accepted by the Inland Revenue - 



PART 5

DISTRAINT BY COLLECTORS: FEES, COSTS AND CHARGES

Interpretation of Part 4
     29. In this Part - 

Ascertainment of fees, costs and charges
     30.  - (1) The fees chargeable on or in connection with the levying of distress under paragraph 2 of Schedule 12 to the 2003 Act are those specified in the Table in Part 1 of Schedule 3.

    (2) The costs and charges recoverable where such distress has been levied are those specified in the Table in Part 2 of that Schedule.

    (3) This is subject to the provisions of Part 3 of that Schedule.

Deduction of fees, costs and charges by the collector
     31. The fees, costs and charges specified in Schedule 3 shall be deducted by the collector from the sums received on or in connection with the levying of distress or where distress has been levied.

Disputes as to fees, costs and charges
     32.  - (1) In any case of dispute as to the fees chargeable, or costs and charges recoverable, under Schedule 3, the amount of those fees, costs and charges shall be assessed in accordance with this regulation.

    (2) The relevant authority shall carry out any such assessment and may give such directions as to the costs of the assessment as he thinks fit.

    (3) In paragraph (2), "the relevant authority" means - 



PART 6

Interpretation of Part 5
     33. In this Part - 

Approval of decision to apply for an order
     34. Before the hearing of an application for an order, an officer of the Board who is a member of the Senior Civil Service in - 

must approve in writing the decision to apply for that order.

Notice of application
     35.  - (1) Notice of application must be given in writing and must contain the following details - 

    (2) Notice of application must be given to the person entitled to it not less than five working days before the hearing of the application.

Notice of an order, or notice of an application, treated as having been given
     36.  - (1) Where notice of an order, or notice of application, is delivered to a person, or left at his proper address, notice shall be treated as having been given to that person on the day on which it is delivered or left or, where that day is not a working day, on the next working day.

    (2) Where notice of application, or notice of an order, is sent to a person's proper address by facsimile transmission or other similar means which produce a document containing a text of the communication, notice shall be treated as given when the text is received in a legible form.

    (3) For the purposes of this regulation, a person's proper address is - 

Complying with an order
     37.  - (1) A person complies with an order by producing the documents specified or described in the order to the officer of the Board specified in the order within - 

    (2) For the purposes of paragraph (1), documents are produced to an officer of the Board if they are either - 

    (3) Where documents are sent to an officer of the Board at the address specified in the relevant order by post, they shall be treated, unless the contrary is proved, as having been produced to the officer - 

Resolution of disputes as to legal privilege
     38.  - (1) This regulation applies where there is a dispute between the Board and a person against whom an order has been made as to whether a document, or part of a document, is an item subject to legal privilege.

    (2) The person against whom an order has been made may apply to the appropriate judicial authority to resolve the dispute.

    (3) All the documents to which an application under paragraph (2) relates must be lodged in the court at the same time as the application is made and shall be held by the court until the appropriate judicial authority resolves the dispute.

    (4) The court shall give the Board notice of an application made under paragraph (2) not less than five working days before the hearing of the application, and the Board shall be entitled to appear and be heard at that hearing in addition to the person making the application.

    (5) On the hearing of an application made under paragraph (2), the appropriate judicial authority shall - 

    (6) Where a person makes an application under paragraph (2) within the period mentioned in regulation 37(1), he shall be treated as having complied with the order in relation to the documents to which the application relates until the appropriate judicial authority resolves the dispute.

    (7) A dispute may be resolved at any time by the Board and the person against whom an order has been made reaching an agreement, whether in writing or otherwise, and, for all purposes, the consequences of such an agreement shall be the same as those which would have ensued if, at the time when the agreement was reached, the appropriate judicial authority had resolved the dispute.


Nick Montagu

Dave Hartnett
Two of the Commissioners of Inland Revenue

7th November 2003


Joan Ryan

Nick Ainger
Two of the Lords Commissioners of Her Majesty's Treasury

6th November 2003



SCHEDULE 1
Regulation 8


SELF-CERTIFICATE




Click here to view form 1 of 15


Click here to view form 2 of 15[a]

[If you are viewing the electronic version of these Regulations, and the form is not available, please contact 0845 302 1472 to request a copy.]



SCHEDULE 2
Regulation 9


LAND TRANSACTION RETURN




PART 1

MAIN FORM



Click here to view form 3 of 15


Click here to view form 4 of 15


Click here to view form 5 of 15


Click here to view form 6 of 15


Click here to view form 7 of 15


Click here to view form 8 of 15


Click here to view form 9 of 15

[If you are viewing the electronic version of these Regulations, and the form is not available, please contact 0845 302 1472 to request a copy.]



PART 2

ADDITIONAL VENDOR/PURCHASER DETAILS



Click here to view form 10 of 15


Click here to view form 11 of 15

[If you are viewing the electronic version of these Regulations, and the form is not available, please contact 0845 302 1472 to request a copy.]



PART 3

ADDITIONAL DETAILS ABOUT THE LAND



Click here to view form 12 of 15


Click here to view form 13 of 15

[If you are viewing the electronic version of these Regulations, and the form is not available, please contact 0845 302 1472 to request a copy.]



PART 4

ADDITIONAL DETAILS ABOUT THE TRANSACTION, INCLUDING LEASES



Click here to view form 14 of 15


Click here to view form 15 of 15

[If you are viewing the electronic version of these Regulations, and the form is not available, please contact 0845 302 1472 to request a copy.]



SCHEDULE 3
Regulation 30


FEES, COSTS AND CHARGES




PART 1

FEES CHARGEABLE ON OR IN CONNECTION WITH THE LEVYING OF DISTRESS

Action taken in connection with the levying of distress Fees
For making a visit to premises with a view to levying distress (whether the levy is made or not). A sum not exceeding £12.50.
Levying distress where the total sum charged is £100 or less. £12.50.
Levying distress where the total sum charged is more than £100. 12½ per cent. on the first £100 of the amount to be recovered;

4 per cent. on the next £400;

2½ per cent. on the next £1,500;

1 per cent. on the next £8,000;

¼ per cent. on any additional sum.



PART 2

COSTS AND CHARGES RECOVERABLE WHERE DISTRESS HAS BEEN LEVIED

Action taken where distress has been levied Costs and charges
     1. Taking possession.

     
Where close possession is taken. £4.50 for the day of levy only.
Where walking possession is taken. 45p per day, payable for the day the distress is levied and up to 14 days thereafter.
     2. Removal and storage of goods.

 The reasonable costs and charges of removal and storage.
     3. Appraisement.

 The reasonable fees, charges and expenses of the person appraising.
     4. Sale.

     
Where the sale is held on the auctioneer's premises, for the reasonable cost of advertising, auctioneer's commission (to include all out-of-pocket expenses other than charges for advertising, removal and storage). 15 per cent. on the sum realised plus the reasonable cost of advertising, removal and storage.
Where the sale is held on the debtor's premises, for the auctioneer's commission (not to include out-of-pocket expenses or charges for advertising). 7½ per cent. on the sum realised plus out-of-pocket expenses actually and reasonably incurred and the reasonable costs of advertising.



PART 3

MISCELLANEOUS PROVISIONS RELATING TO FEES, COSTS AND CHARGES

     1. In any case where close possession is taken, an individual left in possession must provide his own board.

     2. For the purpose of calculating any percentage fees, costs and charges, a fraction of £1 is to be reckoned as £1, but any fraction of a penny in the total amount so calculated is to be disregarded.

     3. In addition to any amount authorised by this Schedule in respect of the supply of goods or services on which value added tax is chargeable there may be added a sum equivalent to value added tax at the appropriate rate on that amount.


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations are made under provisions contained in Part 4 of the Finance Act 2003 (c. 14) ("the 2003 Act") and provide for various matters relating to the administration of stamp duty land tax.

Part 1 (regulations 1 and 2) contains general provisions.

Regulation 1 provides for citation and commencement, and regulation 2 for interpretation.

Part 2 (regulations 3 to 8) is made under section 79(4) of, and paragraph 2 of Schedule 11 to, the 2003 Act and makes provision in relation to Revenue certificates that a land transaction return has been delivered in respect of a transaction and self-certificates that no such return is required in respect of a transaction.

Regulation 3 provides for the interpretation of Part 2.

Regulation 4 makes provision as to the conditions to be met before a Revenue certificate is issued.

Regulation 5 prescribes the form and contents of a Revenue certificate.

Regulation 6 makes provision about the issue of a duplicate Revenue certificate where the original is lost or destroyed.

Regulation 7 provides for the issue of multiple Revenue certificates where a land transaction return is made relating to more than one transaction.

Regulation 8, together with Schedule 1, prescribes the form and contents of a self-certificate.

Part 3 (regulation 9), together with Schedule 2, is made under paragraph 1 of Schedule 10 to the 2003 Act and prescribes the form and contents of a land transaction return.

Part 4 (regulations 10 to 28) is made under section 90 of the 2003 Act which provides that a purchaser may apply to the Inland Revenue to defer payment of stamp duty land tax in certain cases where the amount payable depends on the amount or value of chargeable consideration that, at the effective date of the transaction, is contingent or uncertain. This Part makes further provision in relation to such applications and, in particular, provide for how such applications are to be made, the procedure for reaching a decision on such applications, appeals against refusals to accept such applications and the effect of such applications being accepted.

Regulation 10 provides for the interpretation of Part 4.

Regulation 11 provides for when an application is to be made.

Regulation 12 provides for the form and contents of an application.

Regulation 13 provides for additional contents of an application where the consideration, or an element of it, consists of the carrying out of works or provision of services.

Regulation 14 provides for information to be provided to the Inland Revenue for the purposes of determining whether to accept an application.

Regulation 15 provides for the postponement of tax pending the making of a decision on an application.

Regulation 16 provides for notice to be given of a decision on an application.

Regulation 17 sets out the grounds on which an application may be refused.

Regulation 18 supplements regulation 17 by providing for what is meant by tax avoidance arrangements.

Regulation 19 provides for a right of appeal to the General or Special Commissioners against a refusal to accept an application.

Regulation 20 provides for the giving of a notice of appeal.

Regulation 21 provides for the settling of appeals by agreement.

Regulation 22 provides for postponing payment of tax on the direction of the Special or General Commissioners.

Regulation 23 provides for postponing payment of tax on the agreement of the applicant and Inland Revenue.

Regulation 24 provides for the payments and returns required to be made by the applicant where an application is accepted.

Regulation 25 provides for the form and contents of returns required by regulation 24.

Regulation 26 provides for the adjustment of payments made as mentioned in section 90(5) of the Finance Act 2003 to be made in accordance with these Regulations (rather than section 80 of that Act).

Regulation 27 provides for the time at which returns and payments are to be made under regulation 24 to be varied at the agreement of the applicant and the Inland Revenue in certain circumstances where the consideration, or an element of it, consists of the carrying out of works or provision of services.

Regulation 28 provides for applications which have been accepted to have no effect in certain circumstances.

Part 5 (regulations 29 to 32) is made under paragraph 2(6) of Schedule 12 to the 2003 Act and makes provision with respect to the fees, costs and charges where a collector of taxes distrains upon the goods and chattels of a person who is in default in respect of stamp duty land tax. The provisions of this Part mirror those of the Distraint by Collectors (Fees, Costs and Charges) Regulations 1994 (S.I. 1994/236) which make similar provision in relation to such distraint upon the goods and chattels of a person who is in default of income tax, capital gains tax or corporation tax.

Regulation 29 provides for the interpretation of Part 5.

Regulation 30 provides that the fees, costs and charges which arise on or in connection with the levying of distress, or where distress has been levied, shall be ascertained in accordance with Schedule 3. Various different actions are specified in that Schedule and the relevant fee, cost or charge is given.

Regulation 31 provides of fees, costs and charges to be deducted by the collector or in connection with the levying of distress or where distress has been levied.

Regulation 32 provides for the district judge of the county court (or, in Northern Ireland, the Master (Taxing Office)) to assess fees, costs and charges that are disputed.

Part 6 (regulations 33 to 38) is made under provisions contained in Part 6 of Schedule 13 to the 2003 Act and makes provision with respect to procedural requirements in relation to orders of judicial authorities for the delivery of documents to the Inland Revenue. The provisions of this Part mirror those of the Orders for the Delivery of Documents (Procedure) Regulations 2000 (S.I. 2000/2875) which make similar provision in relation to similar orders which may be made under section 20BA of the Taxes Management Act 1970 (c. 9) in respect of income tax, capital gains tax and corporation tax.

Regulation 33 provides for the interpretation of Part 6.

Regulation 34 provides that the decision to apply for an order must be approved by an officer of the Board of Inland Revenue who is a member of the Senior Civil Service in the Cross-Cutting Policy branch, or the Special Compliance Office, of the Inland Revenue.

Regulation 35 provides that the notice of the intention to apply for an order, to which a person is entitled under paragraph 33(1) of Schedule 13 to the 2003 Act, shall be in writing. The regulation provides also for the contents of the notice and the period of notice to be given.

Regulation 36 provides for the circumstances in which notice of an order, or notice of an application for such an order, is to be treated as having been given.

Regulation 37 sets out the procedure for complying with an order.

Regulation 38 provides for the resolution of disputes as to whether a document, or part of a document, is an item subject to legal privilege.

Notes:

 [1] 2003 c. 14. Section 113(2) is cited for the meaning of "the Inland Revenue".back

[a] Amended by Correction Slip. The word "not" needs to be inserted in the form "SDLT 60" in the left-hand column, under the heading "Reason no Land Transaction is required", in the third sentence of the fourth paragraph.
The Form, SDLT 60, is immediately after page 12 of the Statutory Instrument and the correction is on the reverse of the form. back



ISBN 0 11 048138 0


  Prepared 17 November 2003

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