The Stamp Duty Land Tax (Administration) Regulations 2003

PART 2 REVENUE CERTIFICATES AND SELF-CERTIFICATES

Interpretation of Part 2

3.  In this Part—

“the Inland Revenue” means any officer of the Board;

“Revenue certificate” has the meaning given by section 79(3)(a);

“purchaser” has the meaning given by section 43(4);

“self-certificate” has the meaning given by section 79(3)(b);

“vendor” has the meaning given by section 43(4).

Conditions to be met before a Revenue certificate is issued

4.—(1) The conditions specified in paragraphs (2) to (5) must be met before a Revenue certificate is issued.

(2) The first condition is that a land transaction return in respect of the transaction must have been received by the Inland Revenue.

(3) The second condition is that the return (together with any other returns that are required)—

(a) has been completed; and

(b) includes any declaration required by paragraph 1(1)(c) of Schedule 10 to the 2003 Act.

(4) The third condition is that—

(a) as required by section 76(3)(a), a self-assessment is included in the return; and

(b) on the basis of the information contained in the return, the self-assessment appears to be correct.

(5) The fourth condition is that, as required by section 76(3)(b), payment of the amount of tax chargeable in respect of the transaction accompanies the return.

Form and contents of Revenue certificates

5.—(1) A Revenue certificate must be in writing and must contain the information prescribed by paragraphs (2) to (7).

(2) The information prescribed by this paragraph is the address of the land to which the transaction relates.

(3) The information prescribed by this paragraph is any number recorded—

(a) as the title number of the land—

(i) for England and Wales, in the register of title maintained by the Chief Land Registrar;

(ii) for Scotland, in the Land Register of Scotland maintained by the Keeper of the Registers of Scotland;

(b) for Northern Ireland, as the folio number of the land in any registry maintained by the Land Registry of Northern Ireland.

(4) The information prescribed by this paragraph is any National Land and Property Gazetteer Unique Property Reference Number.

(5) The information prescribed by this paragraph is a description of the transaction.

(6) The information prescribed by this paragraph is the effective date in relation to the transaction (within the meaning given by section 119).

(7) The information prescribed by this paragraph is—

(a) the name of the purchaser; and

(b) the name of the vendor.

Duplicate Revenue certificates

6.—(1) If the Inland Revenue are satisfied that a Revenue certificate has been lost or destroyed (“the original certificate”), a duplicate Revenue certificate may be issued.

(2) The duplicate Revenue certificate may be issued in the form of—

(a) a Revenue certificate equivalent to, and replacing, the original certificate; or

(b) a new Revenue certificate superseding the original certificate.

Multiple Revenue certificates

7.—(1) This regulation applies where a land transaction return is made relating to more than one transaction.

(2) Subject to paragraph (3), the Inland Revenue shall issue one Revenue certificate in respect of the transactions to which the return relates.

(3) If the purchaser requests on the return that separate Revenue certificates be issued in respect of each of the transactions to which the return relates, the Inland Revenue may provide separate certificates in respect of any of those transactions.

Form and contents of self-certificate

8.—(1) A self-certificate must be in writing and—

(a) on the form prescribed by Schedule 1; or

(b) in a form that has been approved by the Board.

(2) A self-certificate must contain the information required by the form prescribed by Schedule 1.