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Where executors are purchasing property on behalf of the estate of the deceased, is the transaction subject to stamp duty land tax?

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Published on LexisPSL on 09/06/2021

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

  • Where executors are purchasing property on behalf of the estate of the deceased, is the transaction subject to stamp duty land tax?

Where executors are purchasing property on behalf of the estate of the deceased, is the transaction subject to stamp duty land tax?

We refer you to Practice Note: SDLT—land transactions, chargeable interests and chargeable transactions, which explains which land transactions are subject to stamp duty land tax (SDLT).

SDLT is charged on chargeable transactions. A land transaction is not chargeable for the purposes of SDLT if it is exempt. Exempt transactions include land transactions where there is no chargeable consideration.

An acquisition in or towards satisfaction of a person’s entitlement under a Will (by way of an assent or appropriation) or on an intestacy is therefore exempt provided that no consideration is given by the beneficiary other than the assumption of debt secured on the property immediately after the deceased’s death (for example an existing mortgage). A transaction which is effected by a post-death variation may also be

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