HMRC SDLT: SDLTM09570 – Scope: when is Stamp Duty Land Tax (SDLT) chargeable: higher rate charge for acquisitions of residential property by certain non-natural persons FA03/S55/SCH4A: acquisition for resale as the stock of a property trading business FA03/SCH4A/PARA5

Principles of SDLT Higher Rate Charge

This section of the HMRC internal manual explains the conditions under which the higher rate of Stamp Duty Land Tax (SDLT) is applicable for residential property acquisitions by certain non-natural persons. It covers the following key points:

• The higher rate charge applies to acquisitions by non-natural persons.
• Details the legislative framework under FA03/S55/SCH4A.
• Explains the exemption for properties acquired for resale as part of a property trading business.
• Provides guidance on SDLT calculations and compliance.

Understanding Stamp Duty Land Tax (SDLT) and Higher Rates for Certain Property Purchases

What is Stamp Duty Land Tax (SDLT)?

Stamp Duty Land Tax (SDLT) is a tax that you pay when you purchase a property in England and Northern Ireland. The amount of tax you owe depends on the price of the property and certain factors, including the type of buyer and the property itself.

When is SDLT Charged?

Certain rules determine when SDLT applies, particularly regarding the type of property purchaser. One important aspect of SDLT is the ‘higher rate charge’ which is typically applied to additional properties.

Higher Rate Charges for Non-Natural Persons

The higher rate of 15% can apply to non-natural persons such as companies and other entities that acquire residential properties. However, there are exemptions available under specific circumstances.

Exemption for Property Trading Businesses

If a chargeable interest is obtained solely for resale as part of a property trading business, the 15% higher rate charge will not apply. Instead, SDLT will then be assessed at the higher rates pertaining to additional dwellings.

Here’s a breakdown of the terms involved:

– Chargeable Interest: This refers to interests in land that are subject to SDLT.
– Resale as Stock: This means the allocated property is purchased with the intention to sell it as part of the business, rather than for personal use.
– Property Trading Business: This is defined as any business that includes activities equivalent to the buying and selling of residential dwellings with the intention of making a profit.

Commercial Basis Requirement

For the business to qualify as a property trading business, it must be conducted on a commercial basis aiming to generate profit. Simply purchasing a property with the hope of selling it later for more money does not automatically qualify as trading.

Investment vs. Trade

In determining whether an activity counts as trade, it’s essential to look at all the circumstances. For example:

– If a company buys a property expecting to sell it in a few years for a profit, this may not constitute a trading activity.
– It could simply be viewed as an investment. If it is classified as an investment, the company does not receive the exclusion from the 15% rate.

Withdrawal of Relief and Additional SDLT Payments

Even if the property trading business qualifies for relief from the higher rate charge, certain conditions may require the business to submit an additional return and pay more SDLT later on. These circumstances will be detailed in the Withdrawal of relief (SDLTM09660) section of HMRC guidance.

Importance of Accurate Classification

– Accurate classification of activities as either trading or investing is crucial for determining tax obligations.
– Businesses should keep records that demonstrate their trading activities and intentions.

Resources for More Information

For further details on what constitutes trading and how businesses can manage their tax responsibilities, refer to HMRC’s Business Income Manual, particularly sections BIM20000 onwards.

Summary of Key Points

– When acquiring residential properties, the application of SDLT can differ between individuals and entities.
– Non-natural persons are generally subject to higher rates, but can avoid the 15% rate if the properties are for resale as part of a genuine trading business.
– For an activity to be classified as a trade, it must be undertaken with a commercial intent to make a profit, rather than merely as an investment.
– Businesses should be prepared to provide evidence of their trading intentions and operations, and may need to pay additional SDLT under certain conditions.

This understanding of SDLT will enable property purchasers, especially businesses, to navigate their responsibilities effectively and in line with HMRC guidance.

Useful article? You may find it helpful to read the original guidance here: HMRC SDLT: SDLTM09570 – Scope: when is Stamp Duty Land Tax (SDLT) chargeable: higher rate charge for acquisitions of residential property by certain non-natural persons FA03/S55/SCH4A: acquisition for resale as the stock of a property trading business FA03/SCH4A/PARA5

View all HMRC SDLT Guidance Pages Here