SDLTM23016 | Reliefs: Group Tax Bulletin article: Subsales and group relief in stamp duty land tax

Paragraph 2(2) provides rules for Stamp Duty land tax (SDLT) based on those for stamp duty in section 27(3) FA 1967. Section 27(3)(b) FA 1967 (intended to prevent acquisitions of land from outside the group without stamp duty being paid) is not included in Schedule 7 and this is because the problem it seeks to address, resting on contracts, is not relevant to SDLT. It is not possible to “rest on contract” to avoid SDLT because of the substantial’ performance rule in section 44 FA 2003 (seehttp://www.opsi.gov.uk/acts/acts2003/30014--e.htm#44) . SDLTM07700