Stamp Duty Penalties and Appeals
If you have any queries about a stamp duty penalty, we will guide you through your options, manage the SDLT appeal process and represent you in a tax tribunal.
Stamp Duty Land Tax must be paid within 14 days of the date of a land or property transaction in England and Northern Ireland. Late filing and payment will result in a penalty as well as interest on the amount owed until payment is made.
If you are facing an SDLT penalty for late payment, for errors in your return or for failing to keep adequate records, you may be able to appeal against the HMRC’s decision.
Cannon Chambers is a tax chamber delivering trusted tax advice and representation in disputes with HMRC. We work remotely or face-to-face, attending tribunal and court hearings by video or in person. We specialise in a number of tax-related areas of expertise, including stamp duty, financial crime, tax investigations and tax avoidance schemes.
If you have any queries about a stamp duty penalty, we will guide you through your options, manage the SDLT appeal process and represent you in a tax tribunal. Contact an expert SDLT barrister at Cannon Chambers here.
How Can Cannon Chambers Help?
If you have been served with an SDLT penalty by HMRC for a commercial or residential property transaction, you may be able to appeal. As you have just 30 days to file your appeal, it is vital to instruct a barrister as soon as you receive the penalty.
At Cannon Chambers we provide expert advice, file your appeal and manage any further correspondence with HMRC. We can also take a further appeal to the Upper Tribunal, amend your return if you have made a mistake, and ensure that you are not being overcharged for your late filing.
For more information or to make an appointment, contact an SDLT barrister at Cannon Chambers here.
Other SDLT Areas Cannon Chambers Advises On:
Frequently Asked Questions
If you fail to pay it on time, you will pay interest on the amount from the day after you should have paid it.
HMRC does not accept deferment or partial payments of SDLT except in relation to contingent or uncertain consideration.
There is a fixed penalty of £100 if you file your SDLT return up to three months after the due date. After three months, the penalty is £200.
Interest is also payable on the SDLT owed, starting on the day it should have been paid.
If a return is not filed within 12 months of the property purchase, there is a tax-based penalty, which could be as much as the original amount of SDLT.
Yes. An appeal must demonstrate a ‘reasonable excuse’ for not filing in good time. Each case is dealt with and assessed individually. Examples include:
- Lost or delayed in the post
- Industrial action
- Death or debilitating illness of advisor
- Software or technical failure
- Unforeseeable circumstances (eg fire or flood)
It’s also necessary to show that you made every effort to file the return as soon as possible after the event.
If HMRC’s actions caused late payment, you may also be able to avoid payment of the interest.
Appeals must be filed within 30 days of the date of the original penalty notice.