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How should a purchaser apportion the consideration for a land transaction when it is purchasing five titles and each title consists of dwellings and non-residential land? Would multiple dwellings relief apply?

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Published on LexisPSL on 17/01/2018

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  • How should a purchaser apportion the consideration for a land transaction when it is purchasing five titles and each title consists of dwellings and non-residential land? Would multiple dwellings relief apply?

How should a purchaser apportion the consideration for a land transaction when it is purchasing five titles and each title consists of dwellings and non-residential land? Would multiple dwellings relief apply?

Stamp duty land tax (SDLT) applies to chargeable land transactions. A land transaction is an acquisition of a chargeable interest (sections 42–43 of the Finance Act 2003 (FA 2003)).

Subject to some exceptions, the amount of SDLT is determined by the chargeable consideration for the land transaction (FA 2003, s 50 and Sch 4).

Consideration attributable to more than one land transaction must be apportioned on a just and reasonable basis (FA 2003, Sch 4, para 4). HMRC take the view that just because an apportionment has been agreed between a

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