Capital Gains and other taxes manual

Practice note 4: appendix A : disclosure of information from PD forms - transactions on or after 1 April 2000

The Valuation Office Agency's (VOA) technical manual used to assess Capital Gains and other taxes.

1. Excluded Transactions

As caseworkers must only disclose information which is available to the public via the Land Registry any transactions relating to interests which will not be included on the Land Register must not be disclosed.

Caseworkers may therefore only disclose details of:

a) The sale of a freehold interest.

b) The grant of a lease for more than 21 years from the date of the grant.

c) The assignment of a lease which, on the date of assignment, has more than 21 years to run.

Any PDs relating to transactions involving interests other than those above (eg. the grant of a lease for less than 21 years) must not be disclosed and should be treated in the same way as PDs relating to transactions which took place before 1 April 2000 (see paragraphs 4 and 5 below).

2. The Address of the Property

The address as recorded on the PD form may be disclosed but any plans attached to the PD form should not be disclosed unless they are clearly a copy of the Land Registry Title Plan. If the plan attached to the PD is not a copy of the Land Registry Title Plan, and it is considered necessary to indicate the location of the property to the taxpayer or agent when disclosing details of the sale, then the boundaries should be marked on an OS sheet extract.

3. The Date of the Transaction

The date of the transaction as recorded on the PD form can be disclosed for every transaction covered by this instruction.

4. The Interest Transferred

Caseworkers may reveal the following information about the interest acquired by the purchaser:

a) In the case of a sale of a freehold with vacant possession, the interest as recorded on the PD form may be disclosed.

b) In the case of a sale of a freehold subject to a lease for more than 21 years from the date of grant the interest, the interest as recorded on the PD form may be disclosed. However, if the PD refers to the current rent, which has been agreed following a rent review since the commencement of the lease, then this rent should not be disclosed as this will not be referred to in the Land Register. If the PD form refers to the initial rent when the lease was granted then this rent may be disclosed.

c) In the case of a sale of a freehold subject to a lease for less than 21 years from the date of grant, no details of the lease should be disclosed. The interest should simply be disclosed as being freehold subject to a lease or leases.

d) In the case of the grant of a lease for more than 21 years from the date of the grant, the interest as recorded on the PD form may be disclosed.

e) In the case of the assignment of a lease which, on the date of assignment, has more than 21 years to run, the interest as recorded on the PD form may be disclosed. However, if the PD refers to the current rent, which has been agreed following a rent review since the commencement of the lease, then this rent should not be disclosed. If the PD form refers to the initial rent when the lease was granted then this rent may be disclosed.

5. The Names and Addresses of the Vendor and Purchaser

The name and address of the purchaser as recorded on the PD form can be disclosed for every transaction covered by this instruction. The name of the vendor should not normally be disclosed because this will not appear in the Land Register entry. However, if the vendor themselves acquired the property on or after 3 December 1990 then the name of the vendor may, if necessary, be disclosed. This is because this information would have previously been included in the Land Register entry, which has been open to public inspection since 3 December 1990, and therefore is deemed to have been in the public domain. (The details of some owners who acquired before this date will also have been included in the open Land Register from 3 December 1990 but we cannot be sure that all owners as at 3 December 1990 will have appeared in the Register because some may have acquired their property before registration in the area concerned became compulsory.)

6. The Price

The price stated to have been paid can be disclosed for every transaction covered by this instruction.

7. Other Information

Any other information recorded in boxes 7 - 12 on the PD form, or in any documents attached, should not be disclosed because we cannot be sure which, if any, of this information will have been included in the Land Registry entry.

8. Copies of Forms

Photocopies of PD forms should not normally be sent to taxpayers or their agents.

9. Requests for Information from Taxpayers/Agents

If, during negotiations, taxpayers or their agents request details of the sales of specific properties, which they believe have been sold on or after 1 April 2000, caseworkers may provide information about these sales, in accordance with the above guidelines, provided it is considered that the request is reasonable and relevant to the valuation under consideration. If a caseworker considers that a request is unreasonable advice should be sought from DV Services CEO Revenue Section. Caseworkers are not expected to carry out searches in response to blanket requests (eg. a request for all sales in Roads X, Y and Z between stated dates).