SDLTM21070 - Reliefs: Certain acquisitions of residential property

Acquisition by property trader in case of relocation of employment FA03/SCH6A/PARA6

Where a property trader purchases a dwelling from an individual, whether they are alone or with other individuals, the purchase will be exempt from Stamp Duty Land Tax if all of the following conditions are met

• the acquisition is made in the course of a business that consists of or includes acquiring dwellings from individuals where they change residence because of a relocation of employment
• the individual occupied the old dwelling as their main or only residence at some time in the two years to the date of purchase
• the purchase is made because the employee had to change residence due to a job relocation
• the purchase price does not exceed the market value
• the area of land acquired by the property trader does not exceed the permitted area

Where it is determined that the land acquired is more than the permitted area, as long as the other conditions detailed above are fulfilled partial relief may be claimed.

Where partial relief is claimed, part of the consideration for the acquisition becomes chargeable.

The amount of chargeable consideration is the difference between the market value of the permitted area, that is the old dwelling and grounds allowed and the total market value of the old dwelling, including all the land.

See SDLTM21010 for definitions of the above criteria.

Relocation of employment means a change of the individual’s place of employment due to the individual

• becoming an employee of the employer
• changing their duties with the employer
• changing the place where they work for the employer

A change of residence is one arising from a relocation of employment if the change is made wholly or mainly to allow the individual to have their residence within a reasonable daily travelling distance of their new place of work.

The individual may need to change their place of residence because where they used to live is not within a reasonable daily travelling distance of their new place of work.

A new place of work means the place where the individual normally performs the duties of their employment after the relocation.

Relief under this section will be withdrawn if the property trader

• spends mores than the permitted amount on refurbishment of the dwelling
• grants a lease or licence of the dwelling
• permits any of its principals or employees, or any person connected with any of its principals or employees, to occupy the dwelling

N.B. when the effective date of a land transaction occurs after 22 July 2004 and the property trader

• intends to grant a lease or licence to the individual to occupy the old dwelling for no more than six months
• grants such a lease or licence after the acquisition of the old dwelling

this relief will not be unavailable or withdrawn.