Before the enquiry is concluded the compliance caseworker should
consider whether a certificate of full disclosure should be
requested.
A suitable time to ask for the certificate is when all the
required information has apparently been supplied and computation
of stamp duty land tax has been put to the purchaser for agreement.
There is no statutory authority for such a request but, if an
incorrect land transaction return has been submitted, it is
reasonable to ask for written assurance that all matters relevant
to the transaction, including any linked transactions, have been
disclosed.
This is so even though it may have been said in the course of
correspondence or interview that all omissions have been notified.
If at the end of an enquiry there is nothing demonstrably
wrong with the land transaction return, or there is a non-culpable
adjustment to the return, a certificate of full disclosure should
not be requested.
It is not appropriate to request a certificate when the
offence is failure to submit a land transaction return within the
statutory time limit and there have been no omissions from returns.
In the case of an incorrect partnership land transaction
return a certificate should be sought from each partner.
When concluding a company settlement which includes a tax-geared
penalty, a certificate of disclosure should be sought.
The certificate should be signed by two directors of the
purchaser company.
Whether or not a linked enquiry was opened into their
personal land transaction returns
it is important that those signing the certificate read the
notes on the rear of the certificate and are aware of the
importance of the statement they are making on behalf of the
company.
The form of certificate to be used is as follows
To: HM Revenue & Customs
Stamp Office
Reference:
I/We.
……………………………………………………………………
……………………………………………………………………
being director(s) and officer(s) responsible for the
financial affairs of
……………………………………………………………………
have read the statement overleaf.
I/We hereby certify that we have, to the best of our
knowledge and belief, made a complete disclosure to you of all
facts bearing on the company’s liability to stamp duty land
tax in connection with the purchase of
………………………………………………………………………………………………….…
on
……………………………………………………………………
| Signature | …………………………………. | Signature | …………………………………. |
| Address | …………………………………. | Address | …………………………………. |
| Date | …………………………………. | Date | …………………………………. |
To: HM Revenue & Customs
Stamp Office
Reference:
I
……………………………………………………………………
of
……………………………………………………………………
have read the statement overleaf.
I hereby certify that I have, to the best of my knowledge and
belief, made a complete disclosure to you of all facts bearing on
my liability to stamp duty land tax in connection with the purchase
of
……………………………………………………………………………………………………………
on
……………………………………………………………………
| Signature | …………………………………….. |
| Address | …………………………………….. |
| Date | …………………………………….. |
The following statement should be reproduced on the reverse
of the certificate of full disclosure.
TAX OFFENCES
CERTIFICATE OF FULL DISCLOSURE
Where it has been established that you have submitted an
incorrect stamp duty land tax return the enquiry officer will
normally ask you to certify that you have made a complete
disclosure of all the facts that have a bearing on your liability
to stamp duty land tax.
This will give you the chance to consider the statements you
have made to the enquiry officer.
If at some later date it is found that the statements were
materially incorrect the Board of HM Revenue & Customs will
take a serious view of the false completion of the certificate and
any loss of tax which may have arisen as a result.
Before you complete the certificate please consider the
wording most carefully.
If you consider there are any facts relating to your stamp
duty land tax affairs then inform the enquiry officer of these
before you sign the certificate.
False statements can result in prosecution.
Issued by
The Board for HM Revenue & Customs
