HMRC SDLT: SDLTM28510 – Reliefs: Exercise of collective rights by tenants of flats

SDLTM28510 – Reliefs: Exercise of Collective Rights by Tenants of Flats

This section of the HMRC internal manual provides guidance on the reliefs available when tenants of flats exercise their collective rights. It outlines the principles and concepts involved in such scenarios.

• Explains the legal framework for tenants exercising collective rights.
• Details the tax reliefs applicable under specific conditions.
• Provides examples and case studies for practical understanding.
• Clarifies the roles and responsibilities of tenants and landlords.

Stamp Duty Land Tax Reliefs for Tenants of Flats

Understanding the Relief

Stamp Duty Land Tax (SDLT) is a tax you may have to pay when you buy property or land over a certain price in the UK. However, tenants of flats may qualify for certain reliefs when using specific legal rights to buy their property. The key legal provisions for these reliefs come from two main acts:

– The Landlord and Tenant Act 1987, which allows tenants the right of first refusal.
– The Leasehold Reform, Housing and Urban Development Act 1993, which allows for collective enfranchisement.

These rights help tenants take control over their homes and can also reduce the amount of SDLT they need to pay.

Key Definitions and Concepts

– Chargeable Transaction: This is any transaction where SDLT applies, such as buying a flat.

– Qualifying Tenants: These are tenants who meet specific legal criteria and are exercising their rights under the two acts mentioned above.

– Relevant Consideration: This term refers to the total amount of money paid for the property or the value of the transaction. For the purposes of calculating relief, relevant consideration is divided by the number of qualifying flats.

– Qualifying Flats: These are flats where the tenants are participating in the purchase under their legal rights. They may not represent all the flats in the building but must be distinct tenants taking part in the transaction.

When Does the Relief Apply?

The relief applies when the purchase is made under the following conditions:

– Exercising the right of first refusal, allowing tenants the chance to buy their property before it is offered to others.

– Undertaking collective enfranchisement, where a group of tenants come together to purchase their building.

The relief is only available if the transaction is handled by someone chosen or appointed by these qualifying tenants.

Calculating the Rate of Tax

The amount of SDLT you will need to pay is calculated based on the fractional proportion of the relevant consideration. Here’s how it works:

1. Determine the Total Relevant Consideration: This is the total amount paid for the property.

2. Count the Number of Qualifying Flats: Only count those flats whose tenants are participating in the transaction.

3. Divide the Total by the Number of Qualifying Flats: This gives you the fractional value used to determine the SDLT rate.

For example, if the total relevant consideration for a flat is £300,000, and there are 5 qualifying flats involved in the purchase, the calculation would be:

– £300,000 (total) ÷ 5 (qualifying flats) = £60,000 (relevant fraction amount per flat).

The SDLT applicable will then be calculated based on this relevant fraction amount.

Exclusions from the Relief

It is important to note that not all flats will count towards the SDLT relief.

– Flats whose qualifying tenants do not participate in the exercise of the statutory right are excluded from the consideration for relief. This means if a tenant reaches a separate agreement that does not involve the collective rights, their flat will not count towards reducing the SDLT.

– If the transaction falls under specific conditions outlined in Schedule 4A of FA03, then the higher SDLT rate of 15% applies. In such cases, the relief cannot be used.

Example of the Relief in Action

Consider a block of flats with ten units, of which seven are owned by qualifying tenants who decide to exercise their right for collective enfranchisement. The total price for acquiring the block is set at £700,000.

To find the relief:

1. Calculate the Relevant Consideration:
– Total Relevant Consideration = £700,000

2. Count the Number of Qualifying Flats:
– Qualifying Flats = 7

3. Divide the Total by the Number of Qualifying Flats:
– £700,000 ÷ 7 = £100,000

Now, the SDLT for each qualifying flat shall be calculated based on the £100,000 relevant fraction amount.

If any of the three remaining flats with non-participating tenants involved in the transaction had separate agreements, their values would not be included in this calculation for relief.

The Importance of Compliance

Tenants must ensure they fully comply with all legal definitions and criteria to qualify for this relief. Not adhering to the specific conditions can result in higher SDLT payments that could have been reduced.

It is essential to keep thorough records and ensure all participants in the process are qualifying tenants as defined by the law.

Additionally, using professional legal advice when navigating these transactions can help clarify entitlements and opportunities for relief, ensuring that tenants maximise their benefits under the law.

Additional Considerations

When applying for this relief, it is advised that:

– All relevant documentation is prepared and readily available.
– Clear communication exists among all qualifying tenants regarding the process.
– Any changes in circumstance, such as new tenants or changes to participation, are immediately noted to maintain eligibility.

Many consideraions related to rights and responsibilities should be taken seriously to ensure a smooth and beneficial transaction process.

It is often wise to consult resources specifically focused on Stamp Duty Land Tax, as well as legal experts, to fully grasp the implications of such rights and transactions.

For further specific guidance on this topic, you might find more information under [SDLTM28510 – Reliefs: Exercise of collective rights by tenants of flats](https://stampdutyadvicebureau.co.uk/hmrc/SDLTM28510).

Useful article? You may find it helpful to read the original guidance here: HMRC SDLT: SDLTM28510 – Reliefs: Exercise of collective rights by tenants of flats

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