In this section:
- SDLT filing and payment deadlines
- How to pay Stamp Duty Land Tax
- How to appeal against an SDLT penalty
How to appeal against an SDLT penalty
When you buy or transfer land or property, or take on a lease, you usually need to notify HM Revenue and Customs (HMRC). You do this by completing a Stamp Duty Land Tax (SDLT) return, also known as a Land Transaction Return.
If you don’t file the return and pay any tax due by the filing deadline - which is 30 days after the effective date of the transaction - a penalty and late payment interest charges will apply.
If you have received a penalty notice from HMRC that you wish to challenge you may be able to appeal against it. This guide explains when and how you can do this.
On this page:
- Appealing against a penalty
- The exceptional circumstances when you can appeal
- Circumstances where you can’t appeal
- Penalty payment pending an appeal
- How to appeal against an SDLT penalty
- More useful links
Appealing against a penalty
You can appeal against a penalty if you couldn't file your SDLT return by the deadline because of 'exceptional circumstances'. HMRC will only accept that you had a reasonable excuse for not meeting the deadline if an exceptional event outside your control prevented you from either:
- filing the return yourself
- making arrangements for someone else to file it
The exceptional circumstances when you can appeal
HMRC will accept that you have a reasonable excuse if:
- you posted your SDLT return in good time but it was lost or delayed in the post - for example because of floods or industrial action
- your adviser suffered a serious acute illness, such as a heart attack or stroke, and couldn't control their business or private affairs
- your adviser died
You must be able to show that you've done everything you can to file your return as soon as possible.
Circumstances where you can’t appeal
HMRC won't accept that you had a reasonable excuse for not filing your SDLT return on time if whatever happened didn't prevent you from dealing with all your other affairs too. And they won't accept you had a reasonable excuse if you tell them that:
- you found it too difficult to complete your return
- pressure of work stopped you dealing with your return
- your adviser was waiting for you to pay the Stamp Duty Land Tax, or another firm of advisers was paying it
- you were waiting for a valuation – in these cases you should use your best estimate and then amend your return when you have it
- the vendor's adviser caused a delay
- you were abroad and couldn't sign your return – if going abroad you should arrange a Power of Attorney
How to appeal against an SDLT penalty
If you disagree with HMRC's decision that you didn't have a reasonable excuse for missing the deadline you can appeal to HMRC against the decision.
You do this either by letter or by completing form SDLT 46 - Notice of Appeal Stamp Duty Land Tax. You can download a copy of the form along with guidance notes by following the link at the end of this section.
Most appeals are settled at this stage by reaching an agreement with HMRC.
You must send your appeal within 30 days of the date of the penalty notice to:
Penalties Appeals Section
Birmingham Stamp Office
9th Floor
City Centre House
30 Union Street
Birmingham
B2 4AR.
Download form SDLT 46 - Notice of appeal Stamp Duty Land Tax
If your appeal is not settled by agreement
If you are unable to settle the appeal with HMRC there are options available for you to have the decision reviewed by HMRC or heard by an independent tribunal.
Further guidance
For further information on how to appeal against an HMRC decision and the options available to you if you and HMRC are unable to agree follow the link below.
What to do if you don't agree with an HMRC decision
Penalty payment pending an appeal
You can pay the penalty even if you're appealing against it. If you don't pay and you lose your appeal, you'll have to pay interest on the late payment of the penalty. If your appeal succeeds, HMRC will repay the penalty with interest.
How to make a penalty payment to HMRC
More useful links
How to complain to HM Revenue & Customs
SDLT filing and payment deadlines
