If a land transaction return has not been submitted it is
possible to take formal steps to secure its submission.
An HM Revenue & Customs determination may be made or
daily penalties sought for the failure.
An HM Revenue & Customs determination is covered in
FA03/SCH10/PARA25, FA03/SCH10/PARA26 and FA03/SCH10/PARA27and at
SDLTM84250.
No determination may be made more than six years after the
effective date of the transaction.
An HM Revenue & Customs determination has the same effect
as self-assessment by the purchaser for all enforcement purposes.
An HM Revenue & Customs determination may be necessary
where a purchaser has not made a land transaction return, is in
discussion with HM Revenue & Customs as to whether the
transaction is chargeable and it is necessary to make an assessment
before the expiry of the time limit.
Before taking formal action an informal request should have
been made requesting the submission of a land transaction return,
on the basis that information is held which suggests a land
transaction has occurred in respect of which a land transaction
return should have been made.
