SDLT and partnerships—general principles and ordinary transactions
Produced in partnership with Kevin Griffin
SDLT and partnerships—general principles and ordinary transactions

The following Tax practice note Produced in partnership with Kevin Griffin provides comprehensive and up to date legal information covering:

  • SDLT and partnerships—general principles and ordinary transactions
  • How does SDLT apply to partnerships?
  • Which entities and structures are regarded as partnerships for SDLT purposes?
  • General principles and ordinary transactions
  • Partnership treated as transparent entity
  • Responsibility of partners
  • Legal form of partnerships
  • Transfer of interest in a partnership

This Practice Note sets out the general treatment of partnerships for stamp duty land tax (SDLT) purposes, including what amounts to a partnership for SDLT purposes and how partnerships interact with the overall SDLT regime. It also covers transfers of an interest in a partnership.

This Practice Note explains:

  1. which entities and structures are regarded as partnerships for SDLT purposes

  2. how partnerships are treated for SDLT purposes

  3. how SDLT applies when a partnership acquires a chargeable interest in land from an unrelated party, and

  4. who is responsible for reporting and paying SDLT and related liabilities

Separate Practice Notes deal with what the SDLT legislation refers to as:

  1. special transactions (ie acquisitions from and disposals to connected parties), see Practice Notes: SDLT and partnerships—transfers to a partnership and SDLT and partnerships—transfers from a partnership

  2. anti-avoidance rules and reliefs, see Practice Note: SDLT and partnerships—anti-avoidance and reliefs, and

  3. transactions involving property investment partnerships, see Practice Note: SDLT and property investment partnerships

SDLT ceased to apply to any land transaction involving any interests in or over land in Scotland from 1 April 2015. From that date, land and buildings transaction tax (LBTT) applies to such transactions, subject to transitional provisions. Consequently, references in this Practice Note to 'UK land' or similar expressions in the context of the application of SDLT should be read to exclude any interests in or over

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