Shared ownership trusts: who is the buyer for stamp duty?
Who counts as the buyer?
In a qualifying shared ownership trust, SDLT treats the person with exclusive use of the home as the buyer.
- The social landlord does not count merely because it is a beneficiary.
- The trust deed is the key evidence.
- The arrangement must meet the statutory conditions.
Scroll down for the full analysis.
Read the original guidance here:
Shared ownership trusts: who is the buyer for stamp duty?
For stamp duty land tax, the buyer in a shared ownership trust is usually the person entitled to live in the home alone. A share in the trust alone is insufficient.
What this rule is about
A shared ownership trust can give both you and a social landlord rights in a home. SDLT can therefore make it unclear whose details matter.
The law asks who may use the home. That right decides.
What the official source says
HMRC’s manual reflects Schedule 9: the individual named in the trust as having exclusive use counts as the buyer for SDLT. The landlord and other beneficiaries are not buyers.
- It must be a shared ownership trust as legally defined.
- The home must be in England or Northern Ireland.
- The trust must give one or more individual beneficiaries exclusive use.
- That use must be as their only or main home.
What this means in practice
Look at the trust deed, rather than only the Land Registry title or the housing provider’s name. Read the deed first.
If the deed gives an individual beneficiary exclusive use of the home, as that beneficiary’s only or main home and within a qualifying shared ownership trust, that individual’s SDLT position falls under this special rule. Neither the title nor provider’s name changes this.
- Beneficiary status alone does not make the social landlord a joint buyer.
- Check whether exclusive use goes to one person or several.
- Keep the signed deed with the SDLT papers.
How to analyse it
Start with the actual terms. A scheme called “shared ownership” will not automatically meet the statutory definition.
- Read the deed and any later changes.
- Check that a qualifying social landlord is a beneficiary.
- Find the clause giving exclusive use of the home.
- Check that the use is as the person’s only or main home.
Example
Jo and a social landlord are beneficiaries under a trust. Jo’s deed gives her the right to live there alone.
It is her main home. For SDLT, Jo counts as the buyer. The landlord does not count as a buyer under this rule.
Why this can be difficult in practice
People often assume that everyone with a share in the trust counts as a buyer. That is not the test here.
The trust’s allocation of rights decides. In particular, it asks whether the trust gives that person an exclusive right to use the home rather than merely a share in the trust.
That right is decisive.
- A label on the scheme does not settle the point.
- Shared occupation may not meet the exclusive-use condition.
- Later changes to the deed may need separate consideration.
Key takeaways
- Exclusive use is the central point.
- The social landlord is not automatically a buyer.
- Check the trust deed before deciding the SDLT treatment.
Technical analysis
For advisers, and for anyone who wants to check the law behind this page. You do not need this section to understand the guidance above.
Legislation
- FA 2003 Schedule 9 para 7 — conditions for a shared ownership trust
- FA 2003 Schedule 9 para 8 — who counts as buyer under the trust
Official guidance
The pages below are HMRC’s guidance. Guidance is not law. It sets out how HMRC reads the legislation, and it is not binding on you, on a tribunal or on a court. Where guidance and the legislation differ, the legislation wins. HMRC can also change or withdraw guidance, and it may not cover your facts.
Where this is not settled
- The current statutory wording has not been independently checked for transactions after 17 November 2025.
- Whether a particular arrangement is a shared ownership trust depends on its full terms, not its label.
Evidence you would need
This kind of case is decided on the facts of the individual property. These are the records that usually settle it, and the ones an adviser would ask you for.
- The signed trust deed and any document changing its terms.
- Terms showing who has exclusive use of the home.
- Evidence of each person’s role as a beneficiary and of the social landlord’s role.
Explore this with an AI
Readers often want to test their own situation. Copy the prompt below into ChatGPT, Claude or Gemini. It hands the model the actual legislation for this page rather than letting it answer from memory, and tells it to be explicit about what is uncertain. What comes back is information, not advice – check it against the links above.
I am researching UK Stamp Duty Land Tax (SDLT), which applies in England and Northern Ireland. MY QUESTION Shared ownership trusts: who is the buyer for stamp duty? [Replace this with your own situation: what you are buying, the price, the dates, who the buyer is, and what you plan to do with the property.] THE LAW THIS TURNS ON - FA 2003 Schedule 9 para 7 - conditions for a shared ownership trust https://www.legislation.gov.uk/ukpga/2003/14/schedule/9/paragraph/7/2025-11-17 - FA 2003 Schedule 9 para 8 - who counts as buyer under the trust https://www.legislation.gov.uk/ukpga/2003/14/schedule/9/paragraph/8/2025-11-17 HMRC's guidance page on this topic (guidance, not law): https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm27074 HOW I WANT YOU TO ANSWER 1. Work from the legislation above. Read it before answering. HMRC guidance is HMRC's view of the law, not the law, and does not bind a tribunal or a court. 2. Tell me what the rule actually requires, in plain English. 3. Tell me which facts decide the answer, and which facts would change it. 4. Tell me what evidence I would need to support the position. 5. Be explicit about anything unsettled or fact-sensitive. Do not guess. 6. Your training data has a cutoff and SDLT rates and reliefs change at fiscal events. Say so if you are not sure the law is current. POINTS ALREADY KNOWN TO BE UNCERTAIN ON THIS TOPIC - The current statutory wording has not been independently checked for transactions after 17 November 2025. - Whether a particular arrangement is a shared ownership trust depends on its full terms, not its label. Do not give me a conclusion you cannot support from the provisions above.
Legislation links show Finance Act 2003 as it stood on 2025-11-17. The law may have changed since, and the rules that apply are those in force on the date of your transaction. The official guidance this page is based on is here.
This page was last updated on 1 September 2026
Useful article? You may find it helpful to read the original guidance here: Shared ownership trusts: who is the buyer for stamp duty?
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