Stamp Duty Land Tax for Tax Professionals: Detailed Guidance on Client Issues

Part One

Key Aspects of SDLT

• Key fundamentals of SDLT
• Rates of SDLT
• Ascertaining the chargeable amount (VAT, consideration from connected persons, contingent, uncertain and deferred consideration)
• SDLT Transfer of equity
• Linked transactions 

‘Super rates’ and Higher Rates on Residential Property

• What is a residential property?
• The higher rate for additional dwellings
• Relief from the higher rate 

Multiple Dwellings Relief

• Multiple Dwellings Relief
• Detailed Review of SDLT Multiple Dwellings Relief Cases 

Other key current Topics

• Overseas surcharge
• Chattels
• Substantial Completion
• Exchanges
• Trusts

Part Two

Mixed-Use Claims

• Detailed Review of Cases 

Islamic Financing and SDLT

• Alternative Financing Reliefs
• SDLT Anti Avoidance Schemes
• Project Blue – Understanding the high-profile SDLT avoidance case 

Leases

• Grants: Premiums and reverse premiums
• SDLT on rents
• Leases granted to or by nominees
• Assignments and surrenders
• Sale-and-leasebacks
• Lease restructuring problem areas 

Companies and Partnerships

• Rates for non-individuals
• SDLT on business incorporation
• The super rate for enveloped properties and de-enveloping issues
• Property transferred as a dividend in specie
• Stamp duty land tax group relief
• Reconstruction and acquisition relief
• Transfers to and from partnerships
• Acquisitions and disposals of interests in property-investment partnerships
• Exemptions and reliefs
• Anti-avoidance provisions 

Additional Reliefs to Be Aware of

• First-time buyers
• Multiple dwellings
• Building companies buying an individual’s home
• Employers buying an employee’s house
• Local authorities making compulsory purchases
• Property developers providing amenities to communities
• Companies transferring property to another company
• Charities
• Right to buy properties
• Registered social landlords 

Interaction with Other Taxes

• What is Inheritance Tax
• Gift with reservation of Benefit
• Pre owned asset tax
• Capital gains tax

Key Differences in Scotland and Wales

• Land and Buildings Transaction Tax (LBTT) in Scotland and Welsh Land Transaction Tax (LTT) in Wales
• Different rate bands
• A different treatment for both residential and commercial SDLT leases
• Different rules for partnerships