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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

You can appeal against a penalty if you couldn't file your SDLT return by the deadline because of an unusual event that is either unforeseeable or beyond your control. HMRC will only accept that you had a reasonable excuse for not meeting the deadline if this event prevented you from either:

  • filing the return yourself
  • making arrangements for someone else to file it

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The 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.

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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 you plan to go abroad you should arrange a Power of Attorney

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How to appeal against an SDLT penalty

You can appeal 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.

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 original penalty notice to:

Penalties Appeals Section
Birmingham Stamp Office
9th Floor
City Centre House
30 Union Street
Birmingham
B2 4AR.

Find 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.

How to appeal against an HMRC decision

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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

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More useful links

How to complain to HMRC

SDLT filing and payment deadlines

Interest rates on late payments

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