Modifications etc. (not altering text)
C1Sch. 10 applied (with modifications) (with effect in accordance with Sch. 61 para. 29(2)(a) of the amending Act) by Finance Act 2009 (c. 10), Sch. 61 para. 7(9)
12(1)The Inland Revenue may enquire into a land transaction return if they give notice of their intention to do so (“notice of enquiry”)—U.K.
(a)to the purchaser,
(b)before the end of the enquiry period.
(2)The enquiry period is the period of nine months—
(a)after the filing date, if the return was delivered on or before that date;
(b)after the date on which the return was delivered, if the return was delivered after the filing date;
(c)after the date on which the amendment was made, if the return is amended under paragraph 6 (amendment by purchaser).
[F1This is subject to the following qualification.]
[F2(2A)If—
(a)the Inland Revenue give notice, within the period specified in sub-paragraph (2), of their intention to enquire into a land transaction return delivered under section 80 (adjustment where contingency ceases or consideration is ascertained), 81 (further return where relief withdrawn) [F3, 81A (return or further return in consequence of later linked transaction) or paragraph 6 of Schedule 6B (adjustment for change of circumstances)] , and
(b)it appears to the Inland Revenue to be necessary to give a notice under this paragraph in respect of an earlier land transaction return F4...,
a notice may be given notwithstanding that the period referred to in sub-paragraph (2) has elapsed in relation to that earlier [F5return].]
(3)A return that has been the subject of one notice of enquiry may not be the subject of another, except one given in consequence of an amendment (or another amendment) of the return under paragraph 6.
Textual Amendments
F1Words in Sch. 10 para. 12(2) added (with effect in accordance with reg. 1 of the amending S.I.) by The Stamp Duty Land Tax (Land Transaction Returns) Regulations 2004 (S.I. 2004/3208), regs. 1, 4(2)(a)
F2Sch. 10 para. 12(2A) inserted (with effect in accordance with reg. 1 of the amending S.I.) by The Stamp Duty Land Tax (Land Transaction Returns) Regulations 2004 (S.I. 2004/3208), regs. 1, 4(2)(b)
F3Words in Sch. 10 para. 12(2A) substituted (with effect in accordance with Sch. 22 para. 9 of the amending Act) by Finance Act 2011 (c. 11), Sch. 22 para. 7
F4Words in Sch. 10 para. 12(2A)(b) omitted (with effect in accordance with s. 89(4) of the amending Act) by virtue of Finance Act 2021 (c. 26), Sch. 17 para. 8(a)
F5Word in Sch. 10 para. 12(2A) substituted (with effect in accordance with s. 89(4) of the amending Act) by Finance Act 2021 (c. 26), Sch. 17 para. 8(b)