SDLTM51010 - Procedure: Pre-transaction and post-transaction rulings under CAP1 and non-statutory business clearances (NSBC) regime : Timing of request

Pre-transaction

It is to the benefit of both the Stamp Office and its customers if requests for interpretation under Cap1 and NSBC are made in good time to enable all necessary information to be supplied and considered.

This means that making applications in advance of the transaction should be the preferred option for customers wishing to seek the views of the Stamp Office.

Post-transaction, pre-return

The time between the effective date of a land transaction and the date a land transaction return is required is short.

Although the Stamp Office will endeavour to provide a written ruling before the return is due, this cannot be guaranteed where the request is made after the transaction has taken place. It follows that post-transaction, pre-return requests should be made as soon as possible after the date of the transaction.

The Stamp Office does not expect that these requests will be the norm.

SDLT is a self-assessment tax and the submission of a land transaction return should not be delayed because a reply has not been received in respect of a CAP1 or NSBC ruling request.

Post-transaction, post-return

Where correspondence or discussion is needed after a return has been submitted the Stamp Office is likely to open a formal enquiry into the return.