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I think you've misread the post. The scheme is based on the application for SDLT exception which must be challenged by an enquiry within 9months + 30 days from the date of that application. If challenged within that period, then the process can take 4 years, but it cannot be challenged after...

Yes, and as I understood, once they've opened that enquiry, the purchasers solicitor will keep the £10k (example) for the SDLT until that is resolved. Am I right in saying the whole application is legal, but based on your final point that they rarely undertake the assessment enquiry?

I think what they are saying is that you have made a formal application for SDLT exemption for which the HMRC have 9 months to undertake an enquiry into that application. Your point has to be a major consideration, and something that would perhaps put me off doing it, but that is for fraud or...

http://www.hmrc.gov.uk/manuals/sdltmanual/SDLTM80840.htm http://www.hmrc.gov.uk/manuals/sdltmanual/sdltm80810.htm As far as I can tell, the HMRC do only have 9 months to open an enquiry and challenge the application for reasons not to pay the SDLT.

Well, I've recently been chatting about a provider of these schemes (not for myself, purely by chance), and it seems that it is a legal 'avoidance'. The process works by you depositing your Stamp Duty (SDLT) fee with your solicitor as normal. You accept that this fee will be kept for a 9 months...

I had an accountant who once told me the difference between tax avoidance and tax evasion was the thickness of a cell wall.