Finance Act 2003, section 76

Duty to deliver land transaction return

Part 4 Stamp duty land tax

(1) In the case of every notifiable transaction the purchaser must deliver a return (a “land transaction return”) to the Inland Revenue before the end of the period of [F262 14 days F262] after the effective date of the transaction.

(2)The Inland Revenue may by regulations amend subsection (1) so as to require a land transaction return to be delivered before the end of such shorter period after the effective date of the transaction as may be prescribed or, if the regulations so provide, on that date.

(3)A land transaction return in respect of a chargeable transaction must—

(a) F263 include an assessment (a “self-assessment”) of the tax that, on the basis of the information contained in the return, is chargeable in respect of the transaction, ...

F263 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 76 3

purchaser

(4) References in this Part to the “purchaser” and “vendor”, in relation to a land transaction, are to the person acquiring and the person disposing of the subject-matter of the transaction.

Defined in s.43(4) · see it in the full Act
the Inland Revenue

(1) References in this Part to “the Inland Revenue” are to any officer of the Board, except as otherwise provided.

Defined in s.113(1) · see it in the full Act
tax

“tax”, unless the context otherwise requires, means tax under this Part.

Defined in s.121 · see it in the full Act

Cases considering section 76 8

Christian Peter Candy v The Commissioners for HMRC

[2022] EWCA Civ 1447 · 3 November 2022

Section 76 establishes the self-assessment framework requiring a land transaction return and self-assessment of SDLT. The framework informed the court’s conclusion that procedural deadlines apply to repayment claims (see paras [9]; [47]). Section 76(1) was noted as imposing a strict deadline for delivering the land transaction return, illustrating the hard-edged nature of the SDLT scheme (see para [47]). Section 76(3) requires a chargeable land transaction return to contain a self-assessment and be accompanied by payment, supporting the characterisation of the regime as self-assessed taxation (see paras [9]; [47]).

BTR Core Fund JPUT v The Commissioners for HMRC

[2026] UKUT 27 (TCC) · 21 January 2026Interprets

Requires the purchaser to deliver a land transaction return and include a self-assessment of the tax chargeable. The mistaken rate was part of that self-assessment obligation, not of the MDR claim (see paras [38], [58](3)-(5), [60], [66]).

Giovanni Scatola & Ors v The Commissioners for HMRC

[2025] UKUT 156 (TCC) · 28 May 2025Interprets

Interprets the return obligation as requiring the purchaser to file a return for every notifiable transaction, including a section 75A notional transaction. (see paras [97], [111]-[115]) Applies the self-assessment requirement to the notional transaction. A return claiming relief and self-assessing nil tax could not be treated as a return correctly self-assessing the section 75A liability. (see para [121])

What each judgment says about section 76 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F262Words in s. 76(1) substituted (with effect in accordance with s. 46(10) of the amending Act) by Finance Act 2019 (c. 1), s. 46(2)
  2. F263S. 76(3)(b) and preceding word repealed (with effect in accordance with s. 80(9) of the amending Act) by Finance Act 2007 (c. 11), s. 80(2), Sch. 27 Pt. 4(4)

Modifications

  1. C31S. 76 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 194(8)-(12)

Commencement

  1. I46Pt. 4 wholly in force at Royal Assent subject to Sch. 19, see s. 124, Sch. 19 para. 1(1)