Principles for understanding SDLT

Section Summary:  Stamp Duty Land Tax (SDLT) is a tax on property transactions in England and Northern Ireland that buyers must calculate and pay based on the property value.

Key Points:

  • SDLT is self-assessed, meaning the buyer determines the tax due.
  • Deadlines are strict, with penalties for late payment.
  • Exemptions and reliefs may reduce the tax owed.

Main Principles:

  • Buyers must understand SDLT rates and rules to ensure compliance.
  • Awareness of deadlines and potential reliefs is essential for accurate tax payments.

Stamp Duty Land Tax is a Self-Assessed Tax

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

➤ Stamp Duty Land Tax (SDLT) is a self-assessed tax on property purchases in England and Northern Ireland, requiring buyers to calculate and pay the correct amount based on property value, with specific deadlines and potential exemptions or reliefs. 

Stamp Duty Land Tax (SDLT) is a tax required on property purchases in England and Northern Ireland. It’s a self-assessed tax, meaning it’s the buyer’s responsibility to calculate and pay the correct amount.

Self-Assessment: Self-Assessment Tax, particularly in the context of Stamp Duty Land Tax (SDLT) in the UK, is a system where the buyer of a property is responsible for calculating the amount of tax due based on the purchase price of the property and any other relevant factors. This method requires the buyer to actively engage with their tax obligations, ensuring they accurately assess and pay the correct amount of tax. The key principles behind self-assessment for SDLT include:

  1. Responsibility: The onus is on the buyer to accurately determine how much SDLT they owe. This encourages individuals to understand the tax implications of their property purchase.
  2. Compliance: By directly involving the buyer in the calculation process, self-assessment aims to promote a higher level of compliance with tax laws.
  3. Accuracy: Since the buyer is in the best position to know the details of the property transaction, self-assessment is seen as a way to improve the accuracy of tax payments.

Non-Self-Assessed Tax, on the other hand, is a system where the tax amount is determined by the tax authority rather than the taxpayer. In the context of UK taxation, this could refer to taxes where HM Revenue and Customs (HMRC) calculates the amount owed based on information they have or receive, without the taxpayer needing to do the calculations themselves. Examples might include Pay As You Earn (PAYE) income tax for employees, where employers deduct tax on behalf of their employees based on tax codes provided by HMRC.

The key differences between self-assessed tax and non-self-assessed tax include:

  • Calculation Responsibility: In self-assessment, the taxpayer (e.g., the property buyer in the case of SDLT) calculates the tax due. In non-self-assessed systems, the tax authority (e.g., HMRC) or another entity (like an employer in the case of PAYE) is responsible for calculating the tax.
  • Engagement Level: Self-assessment requires a higher level of engagement from the taxpayer, who must understand the relevant tax laws and accurately apply them. Non-self-assessed taxes are more passive for the taxpayer, as they rely on others to determine the correct amount.
  • Compliance Mechanism: Self-assessment relies on the taxpayer’s honesty and understanding of tax laws to ensure compliance. Non-self-assessed taxes can be more straightforwardly enforced by the tax authority or through automatic deductions (like PAYE).

Calculation

  • The SDLT amount is directly tied to the price of the property you’re buying. It’s not a flat rate but varies, with different slabs or “bands” determining how much you need to pay.
  • Properties are divided into two main categories:
    • Residential properties: Homes where people live. SDLT rates for these properties progress in bands, meaning the rate increases as the property price goes up.
    • Non-residential properties: This includes commercial properties, land, and other types of real estate. The SDLT rates and bands for these properties differ from residential ones.

Deadlines

  • 14-day window: After completing a property transaction, you have 14 days to file an SDLT return and make the payment. This deadline is crucial; missing it can lead to penalties and interest charges.
  • It’s important to prepare ahead of the transaction to ensure you can meet this tight deadline, especially since calculating SDLT and gathering the necessary funds can take time.

Exemptions and Reliefs

  • Not all property transactions result in an SDLT payment. There are exemptions and reliefs designed to reduce or waive the tax for certain buyers or transaction types.
  • Key reliefs include:
    • First-time buyer relief: If you’re buying your first home and it’s under a certain price, you might pay less SDLT or none at all. This is designed to make homeownership more accessible to first-time buyers.
    • Other exemptions: Various circumstances, such as property transfers on divorce or between family members, may qualify for special treatment under SDLT laws.

Scenarios

Here’s a breakdown of how SDLT applies in different scenarios:

Residential Purchase

For those buying a residential property, such as a house or flat, SDLT is calculated based on the property’s purchase price, with different rates applying to different price bands. However, first-time buyers may benefit from SDLT reliefs.

  • First-time buyer relief significantly reduces the amount of SDLT payable, or may even result in no SDLT being due, provided the purchase price falls below a certain threshold.
  • This relief is designed to make homeownership more accessible to first-time buyers, making it a critical consideration for investors purchasing their first property.

Commercial Acquisition

When purchasing a commercial property, such as an office building, shop, or warehouse, SDLT is calculated differently. The rates and bands for non-residential properties apply.

  • These rates are structured to reflect the commercial nature of the transaction.
  • Investors need to be aware that the thresholds and rates for commercial properties differ from residential properties, potentially affecting the overall cost of the investment.

Mixed Use

Properties that have both residential and commercial elements are considered mixed-use for SDLT purposes. This category can include, for example, a shop with a flat above it.

  • Determining the correct SDLT for mixed-use properties can be complex, as it involves assessing the proportions of residential and commercial use.
  • The SDLT rate for mixed-use properties can be more favourable than for purely residential properties, offering financial advantages for investors. However, accurate assessment and allocation between residential and commercial elements are crucial.

Key Principles for Property Investors:

  • Understand the SDLT rates and bands for residential, non-residential, and mixed-use properties. Knowing these can help you accurately calculate the tax due on your investment.
  • Be aware of deadlines. SDLT payments and returns must be submitted within 14 days of the transaction. Missing this deadline can result in penalties.
  • Explore exemptions and reliefs. Depending on the nature of the property and your circumstances, you may be eligible for reliefs that reduce the amount of SDLT payable.
  • Consider the impact on investment returns. SDLT can represent a significant cost, so factor this into your investment calculations to understand the true cost of acquisition and the potential return on investment.

  —

HMRC’s Legal Obligations: Finance Act 2003

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

Introduction to the Finance Act 2003

The Finance Act 2003 is a comprehensive piece of legislation that plays a crucial role in the UK’s tax system. It encompasses a wide range of tax-related matters, including:

  • Introduction of new taxes
  • Amendments to existing tax laws
  • Specification of administrative powers and duties of HMRC (HM Revenue and Customs)

This Act serves as a foundational legal framework that guides HMRC in its mission to ensure tax compliance, fairness, and efficiency within the UK’s tax system.

HMRC’s Legal Obligations Under the Finance Act 2003

HMRC is legally mandated to adhere to the provisions set forth in the Finance Act 2003. This obligation requires HMRC to:

  • Administer Tax Laws: Ensure the tax laws introduced or amended by the Finance Act 2003 are implemented correctly.
  • Enforce Compliance: Take appropriate measures to ensure that individuals and businesses comply with their tax obligations.
  • Protect Taxpayer Rights: While enforcing tax laws, HMRC must also safeguard the rights of taxpayers, ensuring they are treated fairly and justly.

Example: Stamp Duty Land Tax (SDLT)

Here’s how HMRC is obliged to follow the legislation in respect of SDLT:

Introduction and Regulation

  • Legislation: The Finance Act 2003 introduced SDLT, a tax on land and property transactions in the UK.
  • Implementation: HMRC is responsible for implementing and collecting SDLT in accordance with the rules and rates specified in the Act.

HMRC’s Obligations

  • Collection: Ensure that SDLT is collected on all qualifying property transactions. For example, when an individual purchases a property, they must pay SDLT based on the property’s value.
  • Compliance: Monitor and ensure that all property transactions comply with SDLT requirements. This includes verifying that the correct amount of tax is paid and that any applicable exemptions or reliefs are correctly applied.
  • Enforcement: Take action against those who evade SDLT. For instance, if a property buyer attempts to underreport the purchase price to reduce their SDLT liability, HMRC must investigate and enforce the correct payment.

Protecting Taxpayer Rights

  • Clear Information: Provide taxpayers with clear guidelines on how SDLT is calculated and how to comply with the requirements.
  • Dispute Resolution: Offer a transparent process for taxpayers to dispute SDLT assessments if they believe an error has been made.

By adhering to these principles and obligations, HMRC ensures that the administration of SDLT is fair, transparent, and legally compliant, as mandated by the Finance Act 2003.

– 

Interaction Between the Finance Act 2003 and Day-to-Day SDLT Matters

Example: Property Investor Purchasing a Mixed-Use Building

Scenario

A property investor purchases a building with a shop on the ground floor and residential units on the upper floors. This transaction involves several aspects of SDLT as dictated by the Finance Act 2003.

Relevant Legislation

  • Finance Act 2003, Part 4: Introduces SDLT and provides the legal framework for its application.
  • Section 55: Details how SDLT is calculated based on the consideration given for the property.

Application of SDLT

  1. Determining the Taxable Amount
    • According to Section 55 of the Finance Act 2003, SDLT is calculated based on the total consideration (purchase price) paid for the property.
    • For our example, if the purchase price of the mixed-use building is £1,000,000, this amount will be the basis for calculating SDLT.
  2. Mixed-Use Property Rates
    • Schedule 6 of the Finance Act 2003 specifies that mixed-use properties are subject to different SDLT rates compared to purely residential or non-residential properties.
    • As the building includes both commercial (shop) and residential (upper floors) elements, it is classified as a mixed-use property.
  3. Calculation of SDLT
    • The SDLT rates for mixed-use properties are tiered and differ from those of residential properties.
    • Based on the Finance Act 2003, for a purchase price of £1,000,000, the SDLT would be calculated as follows:
      • 0% on the portion up to £150,000
      • 2% on the portion between £150,001 and £250,000
      • 5% on the portion above £250,000
  4. Compliance and Filing
    • The investor must complete an SDLT return and submit it to HMRC, along with the payment, within 14 days of the transaction.
    • HMRC, guided by the Finance Act 2003, will verify the submitted details and payment.
  5. Exemptions and Reliefs
    • If there are any applicable exemptions or reliefs, such as those for first-time buyers or specific types of commercial transactions, these would also be outlined in the Finance Act 2003 and subsequent regulations.
    • For this mixed-use property, no specific reliefs apply, so the standard mixed-use rates are used.

Conclusion

The Finance Act 2003 is the starting point for all SDLT rules and regulations. It provides the legal basis for how SDLT is applied to property transactions, including those involving mixed-use properties like the example of a building with a shop and residential units. By following the detailed provisions in the Act, HMRC ensures that SDLT is correctly calculated, collected, and enforced, maintaining fairness and compliance in the tax system.

 —

SDLT on Chargeable Interests

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

Stamp Duty Land Tax (SDLT) is a tax on land transactions, covering ownership, rights, and responsibilities, and it’s key to know these details to avoid paying the wrong amount.

Stamp Duty Land Tax (SDLT) targets the transfer of chargeable interests, which encompass a broad range of rights and interests over land.

What Qualifies as a Chargeable Interest?

A chargeable interest includes:

  • Estates: Full ownership or leasehold interests.
  • Interests: Rights to benefit from land in specific ways.
  • Rights: Privileges over land use, such as rights of way.
  • Powers: Control over land’s use by others.
  • Obligations: Responsibilities affecting land value, like restrictive covenants.

Relevance to Transactions

Any transaction that involves transferring these interests between parties is subject to SDLT, emphasising the importance of understanding what constitutes a chargeable interest. This ensures that parties involved in land transactions accurately assess their SDLT liabilities, avoiding underpayments and potential penalties.

Exempt Transactions

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

➤ Some property transactions, like gifts, divorce-related transfers, and changes to wills, are exempt from Stamp Duty Land Tax (SDLT) to reduce the tax burden in specific situations.

Not all transactions trigger a SDLT liability. Key exemptions exist, providing relief in specific scenarios, thereby reducing or eliminating the tax burden for certain transfers of property.

Key Exemptions:

  • No Chargeable Consideration: Transactions where no payment or value exchanges hands fall outside the SDLT scope. This principle ensures that gifts of property, where no consideration is given, are not taxed under SDLT.
  • Divorce-Related Transactions: Property transfers between spouses or civil partners as part of a divorce settlement are exempt. This approach acknowledges the personal and financial restructuring that divorce necessitates, removing additional tax concerns.
  • Variations of Testamentary Dispositions: Changes to wills or inheritances that do not involve a sale or purchase do not incur SDLT. This exemption respects the nature of testamentary gifts and their role in estate planning and distribution.

Chargeable Consideration

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

➤ Not all property transfers need to pay Stamp Duty Land Tax (SDLT), such as gifts, divorce settlements, and changes to wills, offering tax relief in these situations.

Stamp Duty Land Tax (SDLT)liabilities often hinge on the concept of consideration; the value exchanged in property transactions. It’s not just about money changing hands; it’s about understanding the broader value transfers involved.

Key Points

  • Principle: SDLT is assessed on chargeable consideration, encompassing both monetary and non-monetary exchanges.
  • Application: Any value given directly or indirectly by the buyer, or someone connected to them, counts towards this consideration.

Scenarios

Developer Partnership Example A developer teams up with a landowner to construct buildings on the land. Although no cash is exchanged, the land’s value is recognised as consideration for SDLT purposes. The land’s value, agreed upon for the development project, becomes the basis for calculating SDLT, highlighting the tax’s breadth beyond simple cash transactions.

Parent-to-Child Property Gift Example When a parent gifts a property to their child without any money exchanged and no existing mortgage. Since there’s no financial transaction or debt transfer, the principle applied here is the absence of chargeable consideration for SDLT. 

Market Value in SDLT

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

When property is traded for services instead of cash, Stamp Duty Land Tax (SDLT) is based on the market value of the services to ensure the tax paid is fair.

Not all transactions involve straightforward cash payments. Sometimes, the value comes in different forms, known as non-monetary consideration. In these instances, SDLT calculations are based on what’s called the market value.

Key Points

Market Value Principle: SDLT must reflect the true market value of any non-monetary exchanges. This ensures tax fairness and accuracy, preventing undervaluation.

Scenario: Land for Services

Imagine a situation where a property developer offers construction services in exchange for land ownership. Instead of paying cash, the developer’s service—building a new community centre—is the payment. Here, SDLT isn’t calculated on cash exchanged but on the market value of the construction services provided.

By applying the market value principle, the tax accurately reflects the real worth of the land and services, ensuring a fair SDLT payment. This principle ensures that all transactions are taxed equitably, regardless of how payment is made, promoting fairness in property transactions.

Linked Transactions

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

When property deals are connected, they’re treated as one big transaction for Stamp Duty Land Tax (SDLT) to prevent tax avoidance, possibly leading to a higher tax due.

Linked transactions are designed to ensure that the SDLT reflects the total economic value of transactions that are connected to each other, rather than allowing individuals or entities to minimise tax liability by artificially dividing a single transaction into several smaller ones. 

 Principle of Linked Transactions

When two or more property purchases or transfers are related by timing, parties involved, or purpose, they are considered linked. This linkage means that for the purposes of calculating SDLT, these transactions are treated as a single transaction. 

The primary criterion for a set of transactions to be considered linked is that they must involve the same buyer and seller or parties connected to them, and they must be part of a single scheme, arrangement, or series of transactions.

Background

The rationale for treating linked transactions as a single deal comes from the need to prevent tax avoidance strategies that could otherwise be employed to split a large transaction into smaller ones. 

By doing so, buyers could potentially keep each individual transaction below the threshold for higher rates of SDLT or exploit reliefs and exemptions in a manner not intended by the legislation. The rules on linked transactions close this loophole by aggregating the transactions, thereby applying the appropriate rate of SDLT to the total value.

Criteria for Linkage

Transactions are considered linked if they:

  • Are between the same buyer and seller or involve parties connected to them.
  • Occur within a certain time frame of each other, typically within a window that suggests they are part of a single plan or deal.
  • Appear to be part of a series of transactions or a single arrangement aiming to transfer property.

This approach ensures that the SDLT liability accurately reflects the economic substance over the form of the transactions. It prevents the artificial reduction of tax liabilities through the structuring of property acquisitions or disposals in a particular manner.

Example: Property Development Scheme

Consider a property developer, ABC Developments, planning to acquire a large area of land to build a new housing estate. The land is divided into multiple parcels, each owned by different members of the same family. Over a period of six months, ABC Developments purchases each parcel from the different family members.

Application of Linked Transactions Principle

Despite the parcels being purchased separately and possibly at different times, for SDLT purposes, these transactions are linked. They involve the same buyer and sellers who are connected (family members), and the purchases are part of a single development scheme. Consequently, SDLT is calculated on the aggregate value of all parcels, potentially pushing the total into a higher tax bracket.

A property developer buys three parcels of land. 

When the transactions are considered separately (not linked), the Stamp Duty Land Tax (SDLT) liability for each parcel of land at non-residential rates would be:

  • Parcel of Land One (£850,000): £32,000
  • Parcel of Land Two (£2.3 million): £104,500
  • Parcel of Land Three (£3.1 million): £144,500

The total SDLT liability for all three parcels, if treated as separate transactions, would be £281,000.

SDLT Liability for Linked Transactions

If the transactions are considered linked (treated as a single transaction for SDLT purposes), the total combined value of the parcels would be £6.25 million. The SDLT liability on this total amount, calculated as a single transaction, would be £302,000.

Example 2: Sequential Property Purchases

Imagine an individual, Mr. Smith, buys a house and then, three months later, buys the adjacent plot of land from the same seller to extend his garden.

  • Application of Linked Transactions Principle: These transactions may be considered linked if it can be shown that there was a plan or arrangement to buy both properties at the outset. The SDLT would then be assessed on the total cost of the house and the land combined, rather than separately, affecting the rate of SDLT payable.


Example calculations

A property developer buys four residential properties

Let’s calculate the Stamp Duty Land Tax (SDLT) liability for the property developer purchasing four residential properties, both as separate transactions and as a linked transaction. The SDLT rates are applied progressively, with an additional 3% surcharge for purchases made through a limited company by a property developer.

 SDLT for Separate Transactions

  • Property One (£350,000): Total SDLT = £15,500
  • Property Two (£620,000): Total SDLT = £37,100
  • Property Three (£720,000): Total SDLT = £45,100
  • Property Four (£980,000): Total SDLT = £68,650
  • Total for Separate Transactions: £166,350

SDLT Liability for Linked Transactions

  • Total for Linked Transaction (£2,670,000 combined): £311,750

In summary, treating the purchases as separate transactions results in a total SDLT of £166,350, while treating them as a single linked transaction increases the SDLT liability to £311,750.

 

Effective Date of Transaction

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

The effective date for Stamp Duty Land Tax (SDLT) can change, such as when early possession occurs, affecting when tax needs to be filed and paid.

The effective date of transaction is not always straightforward, as various scenarios can alter it from the expected legal completion date.

Key Points

  • Effective Date Principle: The effective date for SDLT purposes is the trigger point for tax liability and the deadline for filing an SDLT return and making payment. Generally, this is the date of legal completion.
  • Legislation Reference: This principle is outlined in Section 119 of the Finance Act 2003, emphasising the importance of identifying the correct effective date to comply with SDLT requirements.

Scenario Example

Consider an investor purchasing a property with the exchange set soon and completion expected by month-end. However, they’re offered early possession. Here’s how the principle applies:

  • Scenario: The client can take possession before the formal completion date. According to SDLT rules, this early possession could become the effective date for tax purposes if it signifies substantial performance of the contract.
  • Example: If the investor starts renovating the property before the official completion date, the effective date for SDLT could shift to this earlier point, triggering the obligation to file an SDLT return and pay the tax sooner than anticipated.

Residential or Non-residential

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

The type of property, like residential, non-residential, or mixed-use, affects the amount of Stamp Duty Land Tax (SDLT) you pay.

Not all properties are treated the same. The type of property you’re dealing with can significantly affect how much tax you need to pay.

Property Types

SDLT distinguishes between residential and non-residential properties. A residential property is any building or part of a building that’s used or suitable for use as a dwelling. This also includes the garden or grounds that come with it. Non-residential properties cover everything else, including commercial, agricultural, and industrial properties.

Scenarios

  • Buying a House: If you’re purchasing a home to live in, with its garden and driveway, this is considered a residential property. SDLT will be calculated based on residential rates.
  • Acquiring an Office Building: When buying a building intended for use as office space, this is treated as a non-residential property. The SDLT calculation will be undertaken with non-residential SDLT rates.
  • Mixed-use Development: If you’re buying a property that includes both a shop on the ground floor and a flat above, this is classified as mixed-use and will be subject to non-residential rates of stamp duty.

Resident and Non-Resident Transactions

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

Your residency status affects how much Stamp Duty Land Tax (SDLT) you pay, with non-UK residents facing an extra 2% surcharge on residential properties.

Where you live affects how much SDLT you pay. If you’re not living in the UK, you might have to pay more due to an extra charge known as the non-resident surcharge.

Key Points

  • SDLT Rates: UK residents and non-residents are subject to different SDLT rates when buying property.
  • Non-Resident Surcharge: Non-UK residents buying residential properties face an additional surcharge of 2% on top of the standard SDLT rates.

Scenarios

  • UK Resident Buying a Home: A UK resident purchasing a residential property pays standard SDLT rates, without any surcharge.
  • Non-UK Resident Buying a Home: A non-UK resident will pay the standard SDLT rate plus an extra surcharge, increasing the overall tax payable.

This distinction emphasises the importance of residency status in determining SDLT liabilities.

Corporate Acquisitions

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

Companies buying properties over £500,000 may pay a higher Stamp Duty Land Tax (SDLT) rate of 15%, but can get reliefs to reduce this if they meet certain conditions.

Companies may face specific SDLT rates, including a higher rate for purchases over £500,000, unless qualifying for certain reliefs.

The principle here is that corporate acquisitions of property might attract SDLT rates different from those applied to individuals. This distinction is especially relevant for high-value transactions.

Key Points

  • Higher SDLT Rates: Purchases by companies over £500,000 could incur a higher SDLT rate of 15%. This is applied to the whole purchase price.
  • Relief Availability: Companies can benefit from specific reliefs that might reduce the SDLT payable, but these reliefs must be actively claimed and conditions met.

Scenarios

  • Scenario 1: A company buying a property for £600,000 without qualifying for any relief would pay a higher SDLT rate of 15% on the entire amount of £90,000 
  • Scenario 2: If the same company qualifies for a relief, such as property rental business relief, the SDLT could be significantly reduced to £17,50, reflecting the company’s engagement in qualifying activities.

Understanding these SDLT implications is important for companies to budget accurately for property acquisitions and to take advantage of available reliefs to minimise tax liabilities.

Reliefs and Exemptions

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

You need to claim Stamp Duty Land Tax (SDLT) reliefs and exemptions yourself, and they’re based on the transaction’s nature and the property’s use.

Reliefs and exemptions from SDLT are not automatically applied; they must be claimed by those who are eligible. Eligibility is based on specific criteria related to the nature of the transaction and the use of the property.

Key Points

  • Eligibility Criteria: To qualify for SDLT reliefs, transactions must meet certain conditions, such as being part of a property rental business or involving property trading.
  • Types of Reliefs: Common reliefs include those for property rental businesses, which encourage the rental market, and for property trading, supporting the redevelopment of properties.
  • Occupational and Public Access Uses: Reliefs are also available for properties used for specific occupational purposes or made available for public access, promoting cultural and social benefits.

Scenarios

  • Property Rental Business: A company purchasing residential properties to rent out may qualify for SDLT relief, reducing the overall tax burden.
  • Property Trading: A developer buying land to build and sell properties can claim relief, encouraging the development of new homes.
  • Public Access: If a property is acquired to be opened to the public, such as a historic house, SDLT relief may apply, supporting heritage and public enjoyment.

Compliance and Reporting

(Principles for understanding SDLT>Concepts of Stamp Duty Land Tax (SDLT))

Make sure to file your Stamp Duty Land Tax (SDLT) return and pay the tax within 14 days of completing a property deal to avoid penalties.

The key principle: Stay on top of your SDLT obligations. This means ensuring all SDLT returns are filed and payments are made within the 14-day deadline following the transaction’s effective date, which is usually when the deal is completed.

Key Points

  • Deadline Awareness: The SDLT payment and return submission have a strict 14-day deadline post-completion.
  • Penalty Risks: Failing to meet this deadline can result in penalties, including late fees and interest on the owed amount.
  • Accurate Filing: It’s important to accurately report transaction details on your SDLT return to avoid future disputes or additional charges.

Scenarios

  • Buying a New Home: After purchasing a house, you must file an SDLT return and pay the due tax within two weeks.

Land Acquisition: If acquiring land for development, the same rules apply: submit the SDLT return and complete the payment promptly to avoid penalties.

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stevesimmance
6 days ago
Nick was really helpful; clear in his timely communications and gave candid yet entirely fair and empathetic feedback on my SDLT tax matter.... exactly as i had hoped for, he is way ahead of his competition in this regard! thoroughly recommended
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Lei Wang
1 week ago
I am extremely grateful for the professional advice and support I received. I contacted Nick regarding a particularly complex SDLT matter and was very impressed by how knowledgeable, approachable and helpful he was. He took the time to understand the circumstances, carefully considered the information provided, and gave clear and practical advice on how best to proceed.

It is not often that you come across someone who is so willing to share their expertise and genuinely help others. His advice gave me much greater confidence in dealing with the matter.

I would highly recommend Nick to anyone looking for someone knowledgeable, professional and genuinely helpful. Thank you again for your time and kindness!
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Kate Phillips
2 weeks ago
Nick was exceptionally helpful; very quick to respond with specific, clear and informed advice and very generous with his time and expertise. Thank you!
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Wendy Baines
2 weeks ago
★★★★★

Nick was incredibly helpful in advising me on a complicated and time-sensitive SDLT issue. His responses were exceptionally prompt, clear and thorough, and he took the time to understand my individual circumstances before giving me a clear answer.

I particularly appreciated that he looked at all the possible options while being completely upfront about what was and wasn’t sensible in my situation. He even advised me not to incur the cost of formal advice unless my solicitor actually required it.

Professional, knowledgeable, generous with his time and genuinely helpful. I wouldn’t hesitate to recommend Nick.
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800 Lee
2 weeks ago
I’m very grateful for Nick’s professional and detailed advice regarding our SDLT situation.

Our circumstances were quite specific and involved a previous main residence overseas and a separate rental property, so we wanted to make sure the SDLT treatment was correct. Nick took the time to carefully review the facts, explain the relevant points clearly, and provide a thorough and professional assessment.

His advice gave us much more confidence about our property purchase and our SDLT position. He was also very responsive, helpful and reassuring throughout the process.

I would highly recommend Nick to anyone who needs professional SDLT advice. Excellent service and very much appreciated!
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Luc
2 months ago
Nick was so fast at responding to my query. He was very polite and very informative. Although the outcome was not what we had hoped for, the advice that Nick provided was invaluable. Nick provided advice that 5 other professionals could not. I am very grateful for his help and the clarity that he gave me. Would 100% recommend. Thank you again!
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Tommy Liu
2 months ago
This is the best service I have ever used in the UK. Nick and his team were professional, friendly, responsive, and worked on a no win, no fee basis, with very reasonable fees.

I contacted more than 10 tax advisers that I found on Google, and Nick was the first to respond. His reply was prompt, highly professional, and answered exactly what I was looking for.

They submitted our SDLT refund claim on 4 June 2026, and we received the repayment on 10 July 2026. The whole process was smooth, efficient, and completely hassle-free.

I would highly recommend Nick and his team to anyone looking for tax advice or help with an SDLT refund. Excellent service from start to finish. Well done!
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Panos Zanelis
3 months ago
I contacted Nick for guidance on a complex SDLT issue involving the transfer of a residential property to a limited company and the related implications for a new home purchase.

The response I received was exceptionally detailed, clear and practical. The advice carefully explained the relevant SDLT principles, including connected-party transfers, market-value requirements, valuation evidence, the potential corporate rate and the importance of timing between transactions.

What I particularly appreciated was the balanced and careful way the information was presented. It helped me understand the key risks and the practical next steps to discuss with my solicitor. The guidance was extremely useful, clearly written and provided with real care and professionalism.

I am especially grateful that such a thorough initial assessment was provided free of charge. I would highly recommend their services to anyone needing specialist SDLT advice.
Karina Spiess profile picture
Karina Spiess
3 months ago
We would like to highly recommend Mr. Garner for his outstanding service. From start to finish, he was absolutely professional, honest, and incredibly thorough in explaining every detail. He took the time to answer all of our questions with patience and clarity.

His commitment, attention to detail, and genuine willingness to help really stood out. It's rare to come across someone so dedicated to providing excellent service.
We truly appreciate all of his support and would not hesitate to recommend Mr. Garner to anyone looking for knowledgeable, trustworthy, and professional assistance.
Maroua Mkacher profile picture
Maroua Mkacher
3 months ago
Nick provided an exceptionally detailed and thoughtful assessment of a very technical SDLT issue relating to property trader relief. His explanation was clear, balanced and extremely helpful, particularly around the distinction between refurbishment, repair works and minimum safety works.

What I appreciated most was the level of care and nuance in the analysis rather than giving a simplistic answer, he carefully explained both the opportunities and the risks, as well as the practical evidential considerations involved. The response was comprehensive, commercially aware and easy to understand despite the complexity of the legislation.

I would highly recommend Nick to anyone dealing with complex SDLT matters or property tax issues.
francesco marra profile picture
francesco marra
4 months ago
I contacted Nick regarding a particularly complex SDLT issue involving overseas property ownership and higher rate SDLT implications.

Unlike many other professionals I approached, who either ignored my enquiry or refused to provide any meaningful guidance because of the international aspects involved, Nick took the time to reply in detail and explain the position very clearly and professionally.

His response was thorough, balanced and extremely helpful in understanding the relevant legal and practical issues before proceeding with a property purchase in London.
Yathorshan Shanthakumaran profile picture
Yathorshan Shanthakumaran
4 months ago
We were really struggling to find clear advice regarding Stamp Duty and were so relieved to come across Nick. His advice was professional, thorough, and explained in simple layman’s terms that made everything much easier to understand.

What really stood out was that several solicitors we approached were either unwilling to give proper advice or would only provide rough figures for how much Stamp Duty we might have to pay, without fully exploring the legislation or our circumstances. Nick took the time to carefully look into the details and explain everything clearly and confidently.

We are extremely grateful for his help and would highly recommend him to anyone needing reliable and knowledgeable Stamp Duty advice. 5 out of 5 stars from us both.
Katy Muammar profile picture
Katy Muammar
5 months ago
We are extremely grateful to Nick Garner for his outstanding help and professionalism. After other companies were unable to assist us or recover what we were entitled to, Nick handled everything with confidence, knowledge, and great attention to detail — and successfully secured the return we deserved.

Despite being based in the UK while we are in Sweden, the entire process was impressively smooth. Within just a few emails, everything was clearly explained and efficiently resolved.

Nick is highly professional, reliable, and truly dedicated to achieving the best outcome for his clients. We couldn’t recommend him more highly.

SHADI J
Donka Dimitrova profile picture
Donka Dimitrova
7 months ago
I would like to thank Nick for the prompt and thorough responce he gave to my query. I must admit I was quite sceptical and at first I thought that the free email advise offered on the web site might well just be some sort of a bait to get you go with the paid service. I was so pleasantly surprised when I recieved a most prompt and exhaustive responce to my question.
It is so refreshing to see that there are still people out there providing a highly professional pro-bono service! I cannot recommend this enough!
Thanks you Nick.
Andy Morse profile picture
Andy Morse
7 months ago
Outstanding. It's easy to be slightly dubious about contacting any expert online for advice and I had a reasonably complex Stamp Duty refund question but not only did Nick come back to me within 24 hours but he also provided with the information that fully answered my query without necessarily leading me into further communication. Highly recommended for both his customer care and for his expertise.
JBTQY profile picture
JBTQY
7 months ago
Nick was superb He gave me a detailed, very clear and explanation of the SDLT situation involving the higher rates surcharge. he detailed the legislation, and reasons why I had no options – far more thorough than I expected. Knowledgeable, patient and genuinely helpful. Thank you, Nick – Ill recommend you to anyone dealing with stamp duty questions!
Ricky Puri profile picture
Ricky Puri
7 months ago
Nick is an exceptional professional — knowledgeable, honest, and highly competent. He answered my SDLT question in comprehensive detail, clearly explaining how the relevant legislation works and how it applies in practice. It’s rare to find someone who goes above and beyond to deliver such a high standard of service.

Once again, thank you, Nick.
subash vanga profile picture
subash vanga
7 months ago
Nick was outstanding! He gave me an extremely detailed, clear and professional explanation of a tricky SDLT situation involving first-time buyer relief, higher rates surcharge and married couple rules. He cited the exact legislation, provided calculations, and outlined practical options – far more thorough than I expected. Highly knowledgeable, patient and genuinely helpful. Thank you, Nick – I’d recommend you to anyone dealing with stamp duty questions!
Zoe Shuker profile picture
Zoe Shuker
7 months ago
Nick was fantastic - we highly recommend him!
We couldn't believe how quickly he responded to us and it explained the matter with such clarity and detail which helped us understand our position and greatly reduced our stressed! We can't thank Nick enough!
P Boyapati profile picture
P Boyapati
8 months ago
Excellent specialist advice from Nick. Who is knowledgeable, responsive, and very clear in explaining the practical risks around a mixed-use SDLT position. His guidance was thorough and realistic, which was greatly appreciated. I would confidently recommend him to others dealing with complex property tax matters.
Stevie Jacob profile picture
Stevie Jacob
8 months ago
Nick is brilliant! He is always on hand to help and his advice is always sound and honest. As a business we have over 300 investor clients and if I ever had a stamp duty query he is the only person I would recommend. Thank you Nick for your continued support and efforts
nati azar profile picture
nati azar
8 months ago
I am extremely impressed with the knowledge and level of service Nick provided—I truly can’t thank him enough for the excellent job he did. Nick advised me on SDLT where a limited company was purchasing a probate property, an area where most solicitors were unable to help. His expertise made a real difference. Thank you again.
Jacks J profile picture
Jacks J
8 months ago
Nick Garner is outstanding. I contacted him with a complex SDLT question relating to a trustee purchase under a life-interest trust, and he responded quickly with a clear, structured explanation supported by the relevant legislation. He set out the correct SDLT treatment and provided a precise calculation that removed all ambiguity for my conveyancer. Calm, highly knowledgeable and incredibly helpful. If you need SDLT advice from someone who truly understands the detail, Nick is the person to speak to.
James Harrington profile picture
James Harrington
8 months ago
Nick has been extremely, quick, clear and helpful with his advice and the full and rounded understanding of the situation, giving both sides of what can happen. He has built trust in his experience and we were very happy with his services. I would recommend Nick to and LTA to anyone going forwards.
Mike Simmons profile picture
Mike Simmons
9 months ago
Nick has been fantastically helpful. We are buying our neighbour's garage & driveway, but we simply could find no definitive answers as to whether SDLT was payable on our purchase. Nick analysed our circumstances, provided written reasonings, then provided his conclusion. We cannot recommend Nick highly enough!
Florin Gheorghiu profile picture
Florin Gheorghiu
9 months ago
Nick's prompt and clear response was invaluable - I was dealing with quite a specific edge case where I am the legal owner of a property abroad, but do not have any major interest in it, as my parents rent it out and make use of the money. The question was whether I would qualify for the SDLT first-time buy relief and whether the higher rates for SDLT apply to me.

With such a specific case, I couldn't find any advice online and Nick's response gave me the confidence to proceed with our plans AND the practicalities of what documents I would need to show HMRC that my situation actually makes me a first-time buyer. Super clear and professional.

Highly recommend and when we buy, I'll definitely use Nick's services for an indemnified letter. His free advice is genuinely valuable and NOT a way to get you to pay money for answers or to milk fees from you.

Thanks Nick!
ivan fernandes profile picture
ivan fernandes
10 months ago
Had emailed Nick twice for some advice regarding stamp duty , the response was quick and well detailed . Did help me in taking the right course of action. Really found his advice to be very helpful
Craig Macura profile picture
Craig Macura
10 months ago
Nick provided excellent, expert advice for my SDLT enquiry. His professionalism and ability to answer specific, complex questions was extremely valuable. Thank You.
KY profile picture
KY
10 months ago
Thanks again for the help from Nick and Martin. Very professional team who have been providing detail advices and analysis, clear fee quote too before we made decision on moving forward. The whole process has taken quite along time but we have been receieving frequent updates and follow-up actions by the team. Really appreciated the help again and highly recommended their services.
Jerome Hilario profile picture
Jerome Hilario
10 months ago
Nick has been very helpful in all my queries surrounding SDLT and is extremely knowledgeable about the complexities of SDLT. I strongly recommend to use Nick for any land tax enquiries and am very much appreciative of the assistance and support he has given me
Mike D profile picture
Mike D
10 months ago
Nick was very generous and knowledgeable in providing timely and accurate advice on an SDLT query I had re the "Rule of 6". He demonstrated a real subject matter expertise. I will strongly consider proceeding with Nick to assist further with the matter.
Farhana Shabbirdin profile picture
Farhana Shabbirdin
10 months ago
Nick was outstanding from the moment he answered my call. He was incredibly knowledgeable and even provided free guidance on our complex SDLT situation. I genuinely appreciate his time, effort, and kindness in taking time out of his busy schedule to help us. Truly grateful. Thank you so much!
James profile picture
James
11 months ago
We have had some questions about how the stamp duty (SDLT) is calculated. We sent an email to Mr Garner for his advice. He quickly responded with a detailed analysis of our situation and a clear guidance. Thanks very much!
Dionne Rooney profile picture
Dionne Rooney
11 months ago
Nick was clear and answered my question in a day. I am very grateful that they were able to amass expert knowledge and share it. Such kindness helps the world go round. I will be sure to pass on my own skills to help others and make the donation to charity. Thank you so much!
Zk Ka profile picture
Zk Ka
1 year ago
Nick was incredibly helpful in explaining a complex SDLT issue. He broke everything down clearly, walked me through the calculations and options, and made the whole situation much easier to understand. Even though the outcome wasn't quite what I hoped for, his advice has given me clarity on my next steps.
Professional, knowledgeable and considerate - highly recommended!
Steve Mayers profile picture
Steve Mayers
1 year ago
Nick is knowledgeable, helpful, and kind. In a brief call he quickly identified the relevant information to answer our land tax query. Combining his knowledge of the UK guidelines, and relevant case law he answered our query quickly and with confidence. Thanks!
Monika Khera profile picture
Monika Khera
1 year ago
Nick’s professional knowledge is truly commendable; complex SDLT issue was explained in such a simple language with precise reasons . It’s been an absolute pleasure knowing Nick. Highly recommend Nick.
ali shaik profile picture
ali shaik
1 year ago
I had an excellent experience with Nick. He took the time to give me a very detailed explanation, answered all of my questions thoroughly, and provided clear guidance that was easy to understand. His professionalism, patience, and support made a real difference, and I felt confident after our discussion. Highly recommended!
STEVEN SANDERS profile picture
STEVEN SANDERS
1 year ago
I would like to say a big thank you to Nick for his extremely prompt response to my emailed enquiries in relation to both SDLT and LTT including higher rate. The information Nick has provided me with is very helpful and both concise and easy to understand and will allow me to confidently move forward with my personal situation regarding property. I greatly appreciate your time and effort and highly recommend your services, thanks very much again Nick!
Zidaan Ltd profile picture
Zidaan Ltd
1 year ago
I’m extremely grateful to Nick for their prompt and expert assistance in resolving my SDLT issue. They responded quickly, clearly understood the situation, and provided practical, accurate guidance that led to a smooth resolution.

Their professionalism, knowledge of the process, and ability to act efficiently made what could have been a stressful experience feel completely manageable. It’s rare to find someone so responsive and effective — I wouldn’t hesitate to recommend their services to anyone dealing with property-related matters.
Debbie Stone profile picture
Debbie Stone
1 year ago
Nick helped us with a very detailed answer in support of our son Ollie's (first time buyer) 'equity share' house purchase, for which his solicitor had mis-calculated a higher rate of SDLT (on the market value rather than the purchase price). We were desperate for a detailed enough proof of calculation to satisfy the legal team and Nick's help has saved us. Our son could not have afforded the higher rate they had miscalculated. His work is invaluable as are the causes he supports
Luke Thomas profile picture
Luke Thomas
1 year ago
Nick was a massive help with Stamp Duty issues surrounding stair casing on my flat. My solicitor was certain the remaining percentage purchase of my flat resulted in me paying Stamp Duty of a few thousand pounds.

Nicks professional knowledge and expertise outlined clauses of stamp duty where I was not required to pay stamp duty for stair-casing and based upon remaining percentage being purchased.

This evidence was used to relay back to my solicitor who acknowledged there would be no further action required to pay stamp duty.

This saved me a few thousand pounds.

Nick is highly professional, reliable, takes interest into each clients needs. Would highly recommend and will use in the future.
Alun Thomas profile picture
Alun Thomas
1 year ago
I'm absolutely delighted to have found this website and to have been able to speak with Nick !!
I have been trying to make sense of the legislation for some weeks now and Nick unravelled the knots that i've mentally made of our complicated situation.
He patiently listened whilst I described the multiple aspects and then explained the related schedule to each element in such an easily understandable way, happily clarifying any aspect that I was unsure of.
Nick then invited me to e mail him so that he could explain in writing and refer to the relevant legislation schedule.
I recieved his reply so quickly and the information was presented stage by stage with such clarity that I now feel completely confident that I know which tax is due (and which isn't !!)
I can't thank or recommend Nick enough for his remarkable service.
It's a huge weight lifted !! and i'm ever so grateful.
ruba sodha profile picture
ruba sodha
1 year ago
Nick called me within an hour of my contacting him. He was very thorough with understating what is a complex area of SDLT and researched the legislation in question. Very approachable. Thank you we really appreciate your help.
Sunil Kumara profile picture
Sunil Kumara
1 year ago
Nick is the best tax consultant I’ve interacted with—he responded within minutes with a clear and concise answer. He’s approachable, easy to understand, and incredibly helpful. Thank you, Nick!
Frankie Johnson profile picture
Frankie Johnson
1 year ago
Excellent service. Speedy responses to my questions from an extremely knowledgeable bloke. Would certainly recommend utilising his services.
stephanie beechey profile picture
stephanie beechey
1 year ago
Nick was very helpful on my query regarding Stamp Duty rates. He was prompt with his reply and his knowledge was excellent. I now feel less confused in this minefield of taxes. Thanks Nick
Si Wachira profile picture
Si Wachira
1 year ago
My solicitor was unable to provide advice with certainty about a specific transaction involving LBTT, a yes or no question.
I struggled to find the answer myself from reading the legislation and tax advisors quoted 100s of pounds in order to research and tell me if the correct answer was yes or no.
Nick responded quickly, same day and provided the answer with a detailed explanation. Exactly what I needed to comply with the legislation. Thank you so much for your help.
Dee Coman profile picture
Dee Coman
1 year ago
Nick has been very helpful. He communicated his advice very clearly. I highly recommend him for all those who have stamp duty queries. Thank you, Nick.
Ajmal Mian profile picture
Ajmal Mian
1 year ago
I asked Nick a question on stamp duty and his response was very professional setting out the condition applicable to this particular case.
Dhvanil Shah profile picture
Dhvanil Shah
1 year ago
I have recently reached out to Land Tax Advice for free of cost advice to my query related to LBTT and Additional Dwelling Supplement in Scotland.

Nick thoroughly went through my case in detail, provided with a clear answer and also attached the legislation supporting the answer he provided.

I would definitely recommend their service. Thanks.
Robert Harper profile picture
Robert Harper
1 year ago
Nick quickly provided exactly the sort of impartial insight that I needed and was struggling to find. It was a great help and very much appreciated.
Julie Morris profile picture
Julie Morris
1 year ago
Nick is very knowledgeable regarding this field. Not only is he knowledgeable he make it very easy to understand the minefield of stamp duty. Nick has just saved me over £7,000 in stamp duty as its not payable on my planned move. It's easy for a solicitor to say you owe X amount in stamp duty its not their hard earned money being paid out unnecessary. I will never be able to thank Nick enough. My advice is if you think your solicitor has got it wrong seek out Nick. Once again Nick thank-you so much.

Take Julie
Rob Watling profile picture
Rob Watling
1 year ago
Thorough, detailed and comprehensive. Thanks
Ajay Treon profile picture
Ajay Treon
1 year ago
Amazing advice. Anyone with any SDLT queries Nick should be your goto advisor. Many thanks Nick.
Hannah Marsh profile picture
Hannah Marsh
1 year ago
I was stressed out today believing we needed to pay stamp duty on a transfer of a house when previously I didn’t think we did. I called up and asked for advice, explained my situation and that I did not understand. It was explained really clearly to me, which was so helpful. I had already tried to get advice from my accountant who did not know the answer. In fact no one seemed to know the answer until I made this phone call so I am relieved I did.
Samuel profile picture
Samuel
1 year ago
Nick was fantastic gave me some wonderful advice would definitely recommend. Thanks Nick
Lara H profile picture
Lara H
1 year ago
Needed some advice on two SDLT matters and Nick was so helpful and knowledgeable. I’d highly recommend his services, he’s a pleasure to deal with and clearly knows his stuff!
Jonathan Cockroft profile picture
Jonathan Cockroft
1 year ago
Nick is an expert in his field, knowledgeable, offering clear and concise understanding around your SDLT issue and found a prompt, informed roadmap to my individual issue. 100% speak to Nick before anyone else.
David Wong wongchisin88 profile picture
David Wong wongchisin88
2 years ago
My wife and I newly moved to the UK and encountered a problem over the eligibility of first time buyer. I contacted Nick over the phone for enquiry. Although I made the enquiry without any payment to Nick, he seriously took my case and eventually gave me very useful information, which greatly helped us to make decisions for the declaration of Stamp Duty. Throughout our communication, we definitely saw and felt Nick's passion and expertise in land tax field and professional comprehension of the law as well as very high efficiency. Seeing the information and explanation of the law given by Nick, we were certain that our simple question did cost Nick quite a bit time and efforts, yet he was all the time very polite. Seeing his true willingness and passion to help, patience, efficiency and expertise in land tax and the law, we truly admire this sage gentleman. Thank you very much Nick for helping us.
David Carter profile picture
David Carter
2 years ago
Nick is incredibly knowledgeable and was immediately able to understand my complex position in relation to UK Stamp Duty as an expat working in Switzerland. He was quick and generous in providing useful, actionable and timely advice that has allowed me to save thousands in avoidable taxation. Many thanks for your help Nick - all greatly appreciated.
Debora Depaola profile picture
Debora Depaola
2 years ago
Nick was great during our appointment, providing clear and concise clarification about stamp duty.

He explained everything in an easy-to-understand way, also providing with reference to the guidance, ensuring we felt confident about the process. His professionalism, knowledge, and approachable manner made the experience seamless and stress-free.

We left feeling much more confident thanks to his help!

Highly recommend!
Natalia Boguslawska profile picture
Natalia Boguslawska
2 years ago
Thanks for the incredibly helpful and informative chat. Nick has patiently explained a lot, and did not dismiss my query despite the transaction being too small or not qualifying. Very knowledgeable guy, and approachable. Highly recommend!
See All Reviews
£350 NO VAT — Indemnified Letter of Advice
Fixed fee £350 for most letters. Complex cases up to £1,250 — always quoted in advance. Insured by Markel International up to £250,000 per claim.
Nick Garner

Conveyancer holding things up until they have written SDLT advice? I'll provide a formal, insured opinion from an HMRC-registered tax agent so they can proceed.

How it works

1

Email me the details of your situation. I'll reply in writing — free of charge — with a clear explanation of your legal position.

2

You decide whether that's enough. Often the free email is all you need — you can forward it to your solicitor for their own assessment.

3

If a formal letter is needed, we go from there. I'll quote you a fixed fee before any paid work begins.

Start with step 1. No commitment, no cost — just email me your situation and I'll clarify the legal position.

✉️ Email: [email protected]

Replies usually the same working day. Nick Garner, HMRC-registered tax agent.

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