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HMRC internal manual

Stamp Duty Land Tax Manual

From
HM Revenue & Customs
Updated
, see all updates

Scope: who is chargeable: general FA03/S43

It is the purchasers responsibility to fulfil any reporting requirements and pay the tax due.

The purchaser is the person who acquires the subject matter of a land transaction. The identity of the purchaser will depend on the nature of the land transaction. For example

Transaction Purchaser
   
Land transfer Transferee
Conveyance Transferee
Assignment Assignee
Assignation Assignee
Grant of lease Lessee or tenant
Surrender of lease Landlord
Grant of rights including easement, servitude or profit a prendre Person who becomes entitled to the right
Variation Person whose estate, interest or right is benefited or enlarged
Making or release of a covenant or condition Person whose estate, interest or right is benefited or enlarged

It is the duty of the purchaser, or each of them, to complete and send a land transaction return to HM Revenue & Customs, although it may be done by their agent.

FA03/SCH10/PARA1 states that the land transaction return must include a declaration by the purchaser, or each of them, that the return is to the best of their knowledge correct and complete.

Even if completed by the purchaser’s agent the declaration must be signed by the purchaser.