Content
High
on the list of ‘hot topics’ currently grabbing
the attention of private client solicitors is that of Stamp
Duty Land Tax (SDLT) in general and its implications for partnership
transactions in particular. This follows the introduction
with effect from 23 July 2004 of specific rules relating to:
- the
transfer of land into a partnership
- the
transfer of an interest in a partnership holding land; and
- the
transfer of land out of a partnership
For
one reason in particular the application of the rules can
produce unexpected SDLT liabilities (and compliance obligations):
this is the fact that (counter intuitively) a share in a partnership
is measured not by capital but by income sharing ratios. This
can give rise to dire results, especially where (as is not
uncommon) there is a mismatch within a given partnership between
income and capital sharing ratios.
Further,
attitudes at the Stamp Office to the application of FA 2003
Sch 15 part 3 are far from clear – and there is large
disagreement between the professions and the Stamp Office
on the application of the rules. For example, the Stamp Office
are currently saying that land owned by a partner (not by
the partnership) but used by the partnership business is ‘partnership
property’ for SDLT purposes. This can have extraordinary
results.
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