Finance Act 2003, Schedule 10, paragraph 6

Amendment of return by purchaser

SCHEDULE 10 Stamp duty land tax: returns, enquiries, assessments and appeals

6 (1) The purchaser may amend a land transaction return given by him by notice to the Inland Revenue.

(2) The notice must be in such form, and contain such information, as the Inland Revenue may require.

[F937 (2A) If the effect of the amendment would be to entitle the purchaser to a repayment of tax, the notice must be accompanied by—

(a) the contract for the land transaction; and

(b) the instrument (if any) by which that transaction was effected.F937]

(3) Except as otherwise provided, an amendment may not be made more than twelve months after the filing date.

Cases considering Schedule 10, paragraph 6 7

The Tower One St George Wharf Limited v The Commissioners for HMRC

[2025] EWCA Civ 1588 · 10 December 2025

The provision permits amendment of the SDLT return within 12 months of filing. It supported the conclusion that the purposive interpretation did not create unacceptable uncertainty. (see para [54])

Christian Peter Candy v The Commissioners for HMRC

[2022] EWCA Civ 1447 · 3 November 2022Interprets

Paragraph 6(3) imposes a 12-month limit after the filing date for amending a land transaction return, unless Parliament has otherwise provided. The court held that section 44(9) contains no such exception (see paras [1]; [48]–[59]).

Commissioners for HMRC v Christian Peter Candy

[2026] UKUT 282 (TCC) · 27 July 2026

Identifies the route for amending a land transaction return; paragraph 6(3) sets the time limit. That route applies to a section 44(9) claim but does not displace the separate paragraph 34 remedy. (see paras [11]-[12], [83]) Confirms the strict time limit for amending a return applies to a section 44(9) repayment claim. The expired amendment period does not itself prevent a separate paragraph 34 claim. (see paras [31]-[34], [72], [83])

What each judgment says about Schedule 10, paragraph 6 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F937Sch. 10 para. 6(2A) inserted (with effect in accordance with reg. 1 of the amending S.I.) by The Stamp Duty Land Tax (Land Transaction Returns) Regulations 2004 (S.I. 2004/3208), regs. 1, 3(c)

Modifications

  1. C54Sch. 10 para. 6(2A)(3) excluded (12.2.2019) by Finance Act 2019 (c. 1), s. 43(6)