Stamp Duty

[Mar Dix]

Hello Patrick,
As far as I am aware a buyer needs a stamp duty certificate to register title in the property. With regards to the stamp duty mitigation scheme, where there will not be any payment of stamp duty, how will HMRC be dealt with? How will title in the newly bought property be registered? I need to understand, please.

Thanks

[Patrick]

I am not sure what scheme you are referring to but s79 FA 2003 sets out when a certificate is required. Some transactions are not notifiable – see s77 and 77A and the land registry should register a non-notifiable transaction without a certificate although they are currently behaving inconsistently in terms of when they will do so and when they ask for confirmation from HMRC.

[Author]

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