SDLTM80580 - Compliance: Rights and obligations

Purchaser amendments FA03/SCH10/PARA6

A purchaser can amend their land transaction return at any time up to the end of the period of 12 months from the filing date. See SDLTM80030.

The purchaser's right to amend the tax assessment is changed if an enquiry is opened into the return. In that case any amendment that the purchaser makes can only be given effect at the end of the enquiry.

Any amendments to the tax assessment, which are received during the course of an enquiry, should therefore not be processed. FA03/SCH10/PARA18 refers.

Any amendments received while an enquiry is in progress should be referred immediately to the compliance caseworker responsible for that enquiry.

If an enquiry has been concluded before the 12 months period for making an amendment has expired, the purchaser can amend their return further at a later date, providing they are still within the original 12 months from the filing date.

The amendment will indicate that the land transaction return submitted was incorrect. If it can be shown that the purchaser was negligent then penalties may be chargeable.

In some cases the early disclosure may lead to the complete abatement of any penalty. A compliance caseworker should consult their compliance manager if they consider there may have been neglect.

If a purchaser discloses an error in the land transaction return outside the time limit for a purchaser amendment then the compliance caseworker should consider if too much tax has been charged.

They should then consider whether the conditions for a repayment claim are met either under specific claims provisions or under the error or mistake provisions at FA03/SCH10/PARA34.