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SDLTM09705 | Scope: when is Stamp Duty Land Tax (SDLT) chargeable: higher rate charge for acquisitions of residential property by certain non-natural persons FA03/S55/SCH4A: partnership transactions FA03/SCH15

From HM Revenue & Customs · Stamp Duty Land Tax Manual

Partnership transactions are within the higher rate charge to the extent that the chargeable consideration for the transaction exceeds the higher rate threshold.

A partnership is within the higher rate charge if any of its members is a person to whom the higher rate would apply if they were a sole purchaser or a joint purchaser.

This is the case whether the transaction is one to which the charge arises by virtue of a purchase from a third party, or one to which the special partnership rules in FA03/SCH15 apply, if the transaction consists of or includes a higher threshold interest.

A transfer of an interest in a partnership within paragraph 17(2) (transfer of partnership interest pursuant to earlier arrangements), or a chargeable event within paragraph 17A of Schedule 15 FA 2003 (withdrawal of money, and so on, from partnership after transfer of chargeable interest) of Schedule 15 FA 2003), is within the higher rate charge if the partners include a body corporate.

The higher rate charge applies irrespective of the economic effect of the transaction. So, even if the economic transfer of value on the introduction of the property into a partnership is from a body corporate to an individual, the higher rate charge will apply where the chargeable consideration arrived at from the sum of the lower proportions exceeds the higher rate threshold.

Examples

  1. A partnership of two individuals purchases a chargeable interest in a dwelling. The interest costs £2.5 million. The 17 per cent higher rate SDLT charge does not apply because none of the members of the partnership is within FA03/SCH4A/PARA3(3).

  1. A partnership consisting of an individual and a company is carrying on a bona fide property development business, and it purchases for £750,000 a chargeable interest in a dwelling for occupation by the individual. The 17 per cent higher rate SDLT charge applies as the partnership includes a person within FA03/SCH4A/PARA3(3) and the acquisition does not meet the conditions for the property developer exclusion.

  1. A partnership consists of an individual and a company holding equal interests in the partnership. The company introduces a chargeable interest in a dwelling into the partnership and at that point the interest is valued at £900.000. The 17 per cent higher rate SDLT charge does not apply because (based on the sum of the lower proportions (SLP) calculation) the chargeable consideration is £450,000; that is, less than the £500,000 higher rate threshold.

  1. A partnership consists of an individual and a company holding equal interests in the partnership. The company introduces a chargeable interest in a dwelling into the partnership. The dwelling is occupied by a director of the company and at that point the interest is valued at £1.2 million. The 17 per cent higher rate SDLT charge applies because (based on the SLP calculation) the chargeable consideration is £600,000; that is, more than the £500,000 higher rate threshold.