Read the original guidance here:
HMRC SDLT: SDLTM29010 – Reliefs: Crofting community right to buy

SDLTM29010 – Reliefs: Crofting Community Right to Buy

This section applies only to transactions that follow specific contracts made on or before 1 May 2012. For more information, see the Scotland Act 2012, section 29(5) and (6).

What is the Crofting Community Right to Buy?

The Crofting Community Right to Buy is a legal right that allows a crofting community body to purchase land and crofts in their area. This right is outlined in Part 3 of the Land Reform (Scotland) Act 2003. The primary goal is to enhance community control over land management and ensure that local communities can buy the land they use.

Who Can Benefit?

Only designated crofting community bodies can benefit from this relief. These are groups formed specifically to manage and develop crofting land on behalf of local communities.

Stamp Duty Land Tax (SDLT) Relief

This relief applies when a transaction involves purchasing two or more crofts as part of the crofting community’s right to buy.

How is the Tax Rate Determined?

• The rate of tax is calculated based on the total payment made for the crofts divided by the number of crofts being bought.
• Formula: To find the rate of tax, divide the total amount spent on the crofts by the total number of crofts purchased.

In simpler terms, if a crofting community buys several crofts, the total payment made is divided by the number of crofts. This gives you the effective tax rate applied to the entire transaction.

Completing the Transaction

Once a crofting community body enters a transaction that incurs SDLT, they must handle several responsibilities:

• The crofting community body must pay the full amount of tax due.
• They are required to complete a land transaction return. This is the formal document that the tax authority uses to assess the SDLT.
• In the return, they must claim the relief and indicate the total tax amount payable.

Important Considerations

It is essential to note that the legislation concerning SDLT provides no specific instructions on how to divide the tax amount among the crofters involved in the purchase. As a result:

• The responsibility for paying the SDLT falls entirely on the crofting community body.
• They cannot divide the total tax due among individual crofters. The entire amount must be reported by the community body.

Example Scenario

Imagine a crofting community body decides to buy three crofts. The total payment they are making for these crofts is £300,000. To find the effective rate of tax, you would perform the following calculation:

• Total payment: £300,000
• Number of crofts being bought: 3

Now, divide the total payment by the number of crofts:

£300,000 ÷ 3 = £100,000

This means that the effective rate of tax would be based on the value of £100,000 for each croft when calculating the SDLT due.

Key Definitions

• Chargeable Transaction: A transaction subject to SDLT.
• Relevant Consideration: The total payment for the properties involved in the transaction.

These definitions will help clarify how different aspects of the SDLT process work for crofting community purchases.

Conclusion

For crofting community bodies looking to exercise their right to buy, understanding these rules and definitions is vital. Not only must they navigate the financial aspects of the transaction, but they also need to ensure that all requirements are met concerning tax relief. Given that any misjudgment in fulfilling these responsibilities could lead to penalties, consulting with experts in SDLT is wise.