SDLT Hannah Mackinlay LLB MA Solicitor

IT'S NOT STAMP DUTY

There is no Stamp Duty There is no Stamp Duty on deeds any more But there is a new tax on land transactions A Self-assessed tax not a voluntary duty Just like all the other taxes with the same HMRC powers to investigate

Not a duty on docs A transfer for £255 k could be taxed at: Market value if connected company 0% if relief or exemption 1% if averaged - multiple resi. purchases 3% if standalone and up to.. 5% or more if linked with another transaction

Communication Clients must know it is not Stamp Duty And that it is like Income Tax Call it SDLT on everything esp. statements Make it clear that the figures stated can be reviewed by HMRC And that it isn’t part of your fee to deal with queries raised

The taxpayer is key Dangers of automated systems Need to ask questions of the clients If there are other Linked Transactions Connected Parties Fixtures and other consideration Other parts of the deal not revealed to you

SDLT5 - not finality Land Registration is not the aim of submitting an LTR Long time to catch up Warning bells being rung by HMRC More investigations likely of ordinary conveyancing transactions – Orsman v HMRC ([2012] UKFTT 227 You might end up paying the extra tax, penalties and for thecosts of the investigation!

ITS NOT STAMP DUTY

Risk management Hurlingham Estates v Wilde & Partners 1997 Enquiry window - up to 20 years New penalties regime - 30% to 100% of tax

Self Assessment Just like all the other taxes Voluntary Disclosures Don’t get caught underwriting the amount of the tax Or you will end up paying it! Make it clear that it is subject to enquiry or variation

Structure ‘A land transaction’ ‘Chargeable Interest’ Exempt interest vs. Reliefs

Effective Date Substantial Performance Examples

Commercial or Residential? Significance - Multiple property relief if Residential for example Definition is an ‘exhaustive’ one When do you apply the test? Rates of tax and Enveloped Dwellings - ATED

IT'S NOT STAMP DUTY

Linked Transactions Example - easy to miss or be misled Linked transactions, enquiries and warnings Linked even if no contractual linkage Linked even on different months Client has to self-assess if linkage But Multiple Dwelling relief for Residential properties

Connected Parties Example - easy to miss or be misled Care with close or extended families and non- native speakers Also businesses, companies, etc. Can be very hard to work out Don’t end up underwriting the risk

Self assessment What if the answer isn’t clear You aren’t acting for the taxman But you are a tax agent Voluntary disclosures? But don’t try to be too crafty

Consideration R v Orsman Chattels, works, cash Quantification and apportionment Goodwill Put the risk on the client, not you!

Risk Management ‘Arrangements’, deals, etc. Intrusive questioning? Are you the right one to make the decision Accountants involved?

Reliefs from SDLT Long list of possible reliefs Still notifiable if consideration exceeds threshold Right to Buy relief Shared ownership Worked examples

Exemptions from SDLT Not notifiable Self Assessed whether exempt Penalties for not filing a return if you got it wrong Examples

Conclusion Its not stamp duty! Greater responsibilities on you You end up paying the clients tax if you don’t ask the right questions Communication is key Use standard guides and checklists for templates and examples

IT’S NOT STAMP DUTY