Stamp duty land tax

Stamp duty land tax (SDLT) is a tax on land transactions. Land transactions are acquisitions of chargeable interests, ie legal or equitable interests in land located in England and Northern Ireland, for chargeable consideration (which has a particular meaning for SDLT purposes).

SDLT is charged as a percentage of the chargeable consideration on a progressive 'slice' system rather than a 'slab' basis. This means that the rates are charged on the portion of the chargeable consideration that falls within each rate band. In the case of leases, this includes any premium (usually a lump sum payment on the grant of a lease) and any rent.

Deadlines for:

  1. notifying land transactions, and

  2. paying SDLT

are supported by penalties and interest charges.

Land transactions are chargeable transactions unless they are exempt transactions or a relief from SDLT is claimed.

Notification of chargeable land transactions and payment of SDLT must be made within 14 days of the effective date (for transactions with an effective date on or after 1 March 2019 or for transactions that become notifiable on or after 1 March 2019) or 30

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Upper Tribunal denies EIS relief as trade not commenced (Putney Power and Piston Heating v HMRC)

Tax analysis: The Upper Tribunal (UT) has held that the First-tier Tax Tribunal (the FTT) made a material error of law in its approach to determining when a trade has ‘begun to be carried on’ by a company for the purposes of qualifying for Enterprise Investment Scheme (EIS) relief under section 179(2)(b) of the Income Tax Act 2007 (ITA 2007). The FTT had identified a set of principles by reference to factors which were of relevance in previous cases and applied those ‘legal’ principles to determine that neither Putney Power Limited (‘Putney’) nor Piston Hearing Services Ltd (‘Piston’) had begun to carry on a trade by the relevant date of 4 April 2018. The UT set aside the FTT’s decision on the basis that the FTT had sought to apply a principles-based test which did not exist as a matter of law. The proper approach requires a multi-factorial evaluation of all of the circumstances in the case at hand. The UT re-made the decision but ultimately reached the same conclusion as the FTT, dismissing the appeals of both Putney and Piston and holding that neither company had commenced trading by the relevant date. The decision is significant because it clarifies that there is no strict legal test for when a trade commences: the question remains highly fact sensitive and will be determined by reference to the particular facts and circumstances of each case. Written by Kate Ison (partner at Macfarlanes LLP) and Victoria Braid (associate at macfarlanes LLP).

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