The Stamp Duty Land Tax (Administration) Regulations 2003

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.