SDLTM07100 - Scope: Who is chargeable

General FA03/S43

The purchaser is the person who is obliged 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

TransactionPurchaser
Land transferTransferee
ConveyanceTransferee
AssignmentAssignee
AssignationAssignee
Grant of leaseLessee or tenant
Surrender of leaseLandlord
Grant of rights including easement, servitude or profit a prendrePerson who becomes entitled to the right
VariationPerson whose estate, interest or right is benefited or enlarged
Making or release of a covenant or conditionPerson 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.