Read the original guidance here:
HMRC SDLT: SDLTM22005 – Reliefs: Compulsory purchase facilitating development

Overview of Compulsory Purchase Relief

This section explains how relief from stamp duty land tax is available when land is bought due to a compulsory purchase order, or a vesting order in Northern Ireland. This relief specifically applies when the purchase is meant to support development.

What is a Compulsory Purchase Order?

A compulsory purchase order (CPO) allows local authorities to acquire land without the owner’s consent, usually to facilitate important developments. Here’s how it works:

– A developer plans a major project that involves acquiring several properties.
– The developer tries to negotiate directly with the landowners to purchase these properties.
– If the negotiations do not result in agreements, the developer collaborates with the local authority.
– The local authority issues a CPO to acquire the necessary land for the project.

Once the CPO is granted, the developer may still try to negotiate with the property owners. However, if these efforts do not succeed, the local authority can purchase the land through the CPO and sell it to the developer.

Understanding Stamp Duty Land Tax Charges

Typically, there are two transactions in this process:

1. The first purchase is from the landowner to the local authority.
2. The second purchase is from the local authority to the developer.

In ordinary circumstances, each purchase attracts stamp duty land tax (SDLT). This means the local authority usually faces two SDLT charges as a result of these transactions. However, under specific conditions outlined in the Finance Act 2003, Section 60 (FA03/S60), the local authority can receive relief from SDLT on the first purchase.

Eligibility for Relief

To qualify for this SDLT relief, certain conditions must be fulfilled:

– The land is acquired as a result of a compulsory purchase to facilitate development.
– A party other than the local authority is responsible for the development of the land.
– If the local authority is the developer, then the relief is unavailable.

How Does the Relief Work?

Here’s a structured breakdown of how the relief operates:

– When a local authority acquires land via a compulsory purchase order, SDLT would usually apply to this transaction.
– If the necessary conditions are met, the local authority can claim relief for this initial purchase, reducing the tax burden.
– The relief ensures that the developer only pays SDLT on the transaction between the local authority and themselves.

Example Scenario

Let’s illustrate this with an example.

Imagine a local authority is promoting a new housing development aimed at providing homes for the community.

1. A developer is interested in this project and identifies several homes that need to be acquired.
2. The developer attempts to purchase these homes but cannot reach an agreement with two of the owners.
3. Consequently, the local authority intervenes and issues a compulsory purchase order for these properties.
4. After obtaining the CPO, the local authority purchases the homes from the current owners.
5. Subsequently, the local authority sells the properties to the developer.

In this scenario, there would typically be SDLT liability on both transactions. However, because the land was acquired through a CPO to facilitate development, and a third party (the developer) is handling the development, the local authority can claim relief from SDLT on the initial purchase from the landowners.

Conditions for Relief

It is important to ensure that all conditions for relief are strictly observed:

– The Initial Purchase: This relief is only applicable if the land is bought explicitly to facilitate development, following the issuing of the CPO.

– Development by Others: The relief is applicable only when the developer is not an entity of the local authority itself. If the local authority ends up developing the land themselves, the relief does not apply.

Further Considerations

When applying for this SDLT relief, it is essential for the local authority to keep accurate records to demonstrate:

– The purpose of the land acquisition.
– The existence of a CPO.
– Details of the development plans and the involvement of a third-party developer.

The local authority may also want to seek advice or guidance from tax professionals to ensure claim processes are correctly followed.

Key Takeaways

In summary, Compulsory Purchase Orders facilitate essential developments, enabling local authorities to play a vital role in the planning and execution of new projects. The ability to relieve SDLT on the first purchase under certain conditions promotes smooth transactions and encourages development efforts without placing excessive financial burdens on local authorities.

Overall, understanding these processes and relief provisions is crucial for local authorities and developers involved in property acquisitions and developments under compulsory purchase regulations.