HMRC SDLT: SDLTM04060C – Scope: How much is chargeable: Non-cash consideration: Construction or similar works FA03/SCH4/PARA10: Example 4

Principles and Concepts of Non-Cash Consideration in Construction

This section of the HMRC internal manual provides guidance on the chargeable scope of non-cash consideration in construction or similar works, as outlined in FA03/SCH4/PARA10. The document includes an example to illustrate these principles.

• Explains the concept of non-cash consideration in construction.
• Details how much is chargeable under specific tax regulations.
• Provides an example for better understanding of the application.
• Part of the HMRC internal manual for tax guidance.

Understanding Chargeable Consideration in Construction Works

Introduction to Chargeable Consideration

In property transactions, chargeable consideration refers to the total value that is being exchanged in a deal. This can include cash payments as well as non-cash payments. Understanding what is considered chargeable is essential for calculating any tax due to HMRC, specifically Stamp Duty Land Tax (SDLT).

Construction Works and Non-Cash Consideration

When a property sale involves construction works or other similar activities, the value of those works must also be taken into account when calculating chargeable consideration. This is because they contribute to the overall value of the transaction.

Example Scenario of Chargeable Consideration

Let’s break down an example to illustrate how chargeable consideration works when construction is involved.

The Transaction

– Company B makes a deal to sell a freehold plot of land to Company A, which is not connected to B.
– The agreed sale price for the land is £1 million.
– As part of the contract, Company B is required to undertake construction work for Company A.
– The estimated market value of this construction work is £750,000, and Company A will pay for these works.

Payments Made Before Completion

Before the deal is officially completed, Company A pays Company B £950,000. Even though this seems like a significant payment, it does not indicate that a substantial part of the contract has been performed yet.

Why the Payment Doesn’t Count as Substantial Performance

– The work that Company B is required to perform is essential to the transaction.
– The total consideration comprises the cash payment and the market value of the construction works.
– The £950,000 paid does not cover more than 90% of the total consideration, as the total is actually £1.75 million (£1 million for the land + £750,000 for the construction works).

Calculating Total Chargeable Consideration

For Stamp Duty Land Tax purposes, the chargeable consideration becomes crucial when filing the SDLT1 form.

Steps for Calculating SDLT

1. Identify the Total Consideration:
– Cash payment for the land: £1 million
– Market value of construction works: £750,000
– Total chargeable consideration: £1.75 million

2. Filing an SDLT1:
– An SDLT1 form must be submitted to HMRC either at the completion of the property transaction or when a substantial part of the contract is performed — in this case, it would be submitted at completion, as significant work has yet to be done.
– The SDLT due will be calculated on the total chargeable consideration of £1.75 million.

Important Points to Remember

– Any contract that has conditions requiring performance (like construction works) can heavily influence what counts as chargeable consideration.
– If the cash payment does not cover a significant portion (more than 90%) of the total chargeable consideration, it cannot be seen as substantial performance.
– Always consider both cash and non-cash elements when evaluating the total for SDLT.

Final Thoughts on Handling SDLT with Construction Considerations

Understanding how chargeable consideration applies, especially in cases involving construction works, is crucial for complying with HMRC guidelines. Make sure to accurately calculate both the cash and non-cash elements of transactions to avoid any issues in SDLT filing.

For further specific guidance, please refer to SDLTM04060C.

Useful article? You may find it helpful to read the original guidance here: HMRC SDLT: SDLTM04060C – Scope: How much is chargeable: Non-cash consideration: Construction or similar works FA03/SCH4/PARA10: Example 4

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