Property/Real Estate

Stamp Duty Land Tax

 

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On 1 December 2003 stamp duty on land transactions is being replaced by Stamp Duty Land Tax (SDLT). Unlike stamp duty, SDLT is a tax on transactions rather than on instruments. It applies to transactions effected offshore as well as in the UK. Under the new rules a number of well-known stamp duty avoidance structures are being rendered ineffective and loopholes closed. For the first time, purchasers will be legally obliged to complete and lodge a land transaction return and to pay the SDLT due in respect of a transaction. Penalities, interest and possibly criminal sanctions will apply where returns are incorrect or are not submitted in time. Perhaps the most controversial aspect of the tax is the new lease duty.

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Tarlochan Lall

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