SDLT group relief

The following Tax practice note provides comprehensive and up to date legal information covering:

  • SDLT group relief
  • Definition of group for SDLT
  • Denial of SDLT group relief
  • Arrangements

SDLT group relief

Generally, subject to exemptions or reliefs, an acquisition of a chargeable interest in land (a land transaction), which includes the grant of a leasehold interest, is subject to stamp duty land tax (SDLT).

An exemption from SDLT can be claimed where:

  1. a land transaction is entered into between two bodies corporate that are, as at the SDLT—effective date of the transaction (usually completion), members of the same SDLT group

  2. the anti-avoidance provisions do not apply to bar relief, and

  3. SDLT group relief is claimed on the relevant land transaction return, SDLT1 using code 12

Although no supporting documents accompany the claim, the claimant purchaser must still retain evidence to prove its entitlement to SDLT group relief since HMRC may enquire into the validity of the claim for relief up to nine months after:

  1. the filing date (ie due date for filing a return), or

  2. if later, the submission

of the return or an amended return.

Even if a transaction legitimately qualifies for relief, certain post-transaction events, may result in the relief being clawed back. HMRC has information powers to request information or documents for the purposes of checking whether group relief has been withdrawn. For more detail, see Practice Note: Clawback of SDLT group relief.

The legislation and this Practice Note refer to:

  1. bodies corporate as companies

  2. the person disposing of, or granting, an interest in

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