SDLTM04140 | Scope: How much is chargeable: Non-cash consideration: Meaning of market value FA03/S118

The Stamp Duty Land Tax (SDLT) definition of market value is at FA03/S118.

The definition relies on the definitions set out at TCGA92/S272, TCGA92/S273 and TCGA92/S274.

TCGA92/S272 provides that market value in relation to any assets means the price which those assets might reasonably be expected to fetch on a sale in the open market.

If this requires a valuation, it is the purchaser’s responsibility to provide it. Professional valuation advice should be considered, but there’s no requirement to obtain a formal market valuation (i.e. professional advice). It is possible that the value submitted on a land transaction return could become the subject of an enquiry.

Where the consideration for a land transaction is satisfied by the provision of services, the market value of those services will be the amount they might reasonably be expected to have cost if purchased on the open market.

There is guidance for the Stamp Office on establishing market values through liaison with HM Revenue & Customs own professional valuers at SDLTM80350.

The market value of an asset does not include Value Added Tax (VAT) even if VAT is chargeable on the transfer of the asset. This is because market value is based on a hypothetical transaction, not on the actual transaction.