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Commentary

34.2 Stamp duty land tax and VAT

COMMONS vol 6(1)B
| Commentary

34.2 Stamp duty land tax and VAT

| Commentary

34.2 Stamp duty land tax and VAT

A right over land is a land transaction for stamp duty land tax purposes1. This would include profits, such as rights of common and easements. The legislation does not make clear whether the transfer or lease of such a right of common is exempt from stamp duty land tax. It would appear that, given the exemptions for land transactions contained in Section 163A of the Inclosure Act 1845 and in Section 33 of the Metropolitan Commons Act 18662, such rights should be exempt or relieved from stamp duty land tax. However this is

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