Q&As

Does SDLT apply to a transfer of a property in 2019 from joint names to one name pursuant to a divorce court order dated 1995 (when the property should have been transferred)?

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Published on LexisPSL on 22/05/2019

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

  • Does SDLT apply to a transfer of a property in 2019 from joint names to one name pursuant to a divorce court order dated 1995 (when the property should have been transferred)?

Does SDLT apply to a transfer of a property in 2019 from joint names to one name pursuant to a divorce court order dated 1995 (when the property should have been transferred)?

The transitional rules for stamp duty land tax (SDLT) are set out in Schedule 19 to the Finance Act 2003 (FA 2003) (SDLT: Commencement and Transitional Provisions). The rules are detailed and complex.

A transaction is not an SDLT transaction unless the effective date of the transaction is on or after the implementation date of 1 December 2003.

The effective date of a transaction is usually completion but there are special SDLT rules which apply where a contract for a land transaction is entered into and the transaction is 'substantially performed' prior to the date of completion, in which case the earlier date of substantial performance will be the effective date.

A contract for

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