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SDLT: Be in full possession of the facts

The SDLT regime for residential property is complex and solicitors must ensure they understand the full fact pattern of their client’s case before advising, explains Elizabeth Small

7 June 2017

Since spring 2012 the taxation of residential property has radically changed. This article considers only stamp duty land tax (SDLT). In this complex landscape, it is vital that the exact fact pattern of your client is understood as subtle variations in fact can result in widely varying outcomes.

You need to consider (at a minimum):

  • Is the property residential, commercial, or mixed use, and what is the intended use?

  • If residential, then who is buying the property?

  • Does the flat rate 15 per cent regime apply, including the application of reliefs?

  • Does the 3 per cent surcharge regime apply?

  • What is the impact of the linked transactions rules and may multiple dwellings relief (MDR) apply?

...

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