Finance Act 2003, section 78

Returns, enquiries, assessments and related matters

Part 4 Stamp duty land tax

(1)Schedule 10 has effect with respect to land transaction returns, assessments and related matters.

(2)In that Schedule—

  • Part 1 contains general provisions about returns;

  • Part 2 imposes a duty to keep and preserve records;

  • Part 3 makes provision for enquiries into returns;

  • Part 4 provides for a Revenue determination if no return is delivered;

  • Part 5 provides for Revenue assessments;

  • Part 6 provides for relief in case of excessive assessment; and

  • Part 7 provides for appeals against Revenue decisions on tax.

(3)The Treasury may by regulations make such amendments of that Schedule, and such consequential amendments of any other provisions of this Part, as appear to them to be necessary or expedient from time to time.

Definitions used in section 78 2

land transaction

(1) In this Part a “land transaction” means any acquisition of a chargeable interest. As to the meaning of “chargeable interest” see section 48.

Defined in s.43(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 78 5

Michael Brown & Anor v The Commissioners for HMRC

[2024] EWCA Civ 92 · 8 February 2024

Section 78 was used to connect the Part 4 filing and determination provisions with Schedule 10 in assessing the scope of HMRC’s determination. (see para [66])

Christian Peter Candy v The Commissioners for HMRC

[2022] EWCA Civ 1447 · 3 November 2022

Section 78(1) gives Schedule 10 effect in relation to land transaction returns, assessments and related matters (see para [10]).

BTR Core Fund JPUT v The Commissioners for HMRC

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

Gives Schedule 10 effect in relation to land transaction returns, assessments and related matters. It supplies the procedural setting for the return and overpayment provisions (see para [58](4)).

What each judgment says about section 78 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I47Pt. 4 wholly in force at Royal Assent subject to Sch. 19, see s. 124, Sch. 19 para. 1(1)