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The Stamp Duty Land Tax (Administration) (Amendment) Regulations 2018

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Stamp Duty Land Tax (Administration) Regulations 2003 (S.I. 2003/2837) (“the 2003 Regulations”)—

  • to amend existing regulations in relation to the procedure for applying to defer payment of stamp duty land tax in certain cases of contingent or uncertain consideration; and

  • to provide new forms for SDLT 3 and 4 (“land transaction returns” within the meaning of Schedule 10 to the Finance Act 2003) in connection with land transactions for the purposes of stamp duty land tax.

Regulation 1 provides for the citation, commencement and interpretation of these Regulations.

Regulation 2(3) amends regulation 13 to require applications to contain proposals for payment of tax to be made within 14 days after the work is substantially completed, unless the transaction is notifiable.

Regulation 2(6) makes consequential amendments to regulation 27 arising from amendments made in these Regulations to regulation 13 of the 2003 Regulations.

Regulation 2(5) amends regulation 24 of the 2003 Regulations in relation to the deadlines for making a return or further return for the purposes of a deferment application.

Regulation 2(4) makes consequential amendments to regulation 16 arising from amendments made in these Regulations to regulation 24 of the 2003 Regulations.

Regulation 2(2) amends regulation 11 to retain the 30 day deadline within which deferment applications must be made once the other changes to the 2003 Regulations made by these Regulations take effect.

Regulations 2(7) and 2(8) substitute new forms SDLT 3 and 4 for those previously prescribed by Schedule 2 to the 2003 Regulations.

Regulation 3 makes transitional provisions, saving the validity of the previous form of land transaction returns, so that such documents may be delivered to HM Revenue and Customs at any time before 1st June 2019.

These Regulations apply to transactions to purchase land in England and Northern Ireland.

A full and final Impact Assessment has not been produced for this instrument as a negligible impact on the private and voluntary sectors is foreseen.

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