Q&As

Can intra-group relief from UK stamp duty apply where the transferor and transferee companies are not UK companies?

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Published on LexisPSL on 29/07/2015

The following Tax Q&A provides comprehensive and up to date legal information covering:

  • Can intra-group relief from UK stamp duty apply where the transferor and transferee companies are not UK companies?

Under section 42 of the Finance Act 1930, an instrument transferring property (such as shares) between two bodies corporate that are associated at the time the instrument is executed will be relieved from stamp duty provided certain conditions are met and a claim for relief is successfully made. This relief is often called intra-group relief or stamp duty group relief.

To claim this relief, a group relationship or ‘association’ must be established between the transferor and the transferee. This association (or group relationship) must exist at the time that the instrument of transfer is executed. Either:

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