Home › Forums › Patrick Cannon › When can HMRC go back 6 years to charge SDLT? › Reply To: When can HMRC go back 6 years to charge SDLT?
Tony, SP1/06 (which also applies to SDLT) is probably the best place to look and that gives some examples. In the SDLT context these would include:
1) informing HMRC that a different view of the law has been taken from theirs especially where a scheme has been used (Pattullo [2010] STC 107 suggests that you should actually tell HMRC that you have done a scheme); and
2) where a market value charge is in point the basis of valuation, details of valuer, whether he was independent etc should be stated.
HMRC seem to be more likely these days to argue that the return was also negligent which means that their ability to assess late is unaffected by the taxpayer’s disclosures (see Hankinson [2010] STC 2640).