SDLTM26010 - Reliefs: Charities relief

Detailed rules to qualify for the relief FA03/SCH8/PARA1

Relief from stamp duty land tax is available to charities on the purchase of a chargeable interest if two conditions are met. These are

  • the purchasing charity must intend to hold the chargeable interest for qualifying charitable purposes. This means
  • for use in the furtherance of the charitable purposes of the purchaser or another charity
  • as an investment, the profits of which are applied to the charitable purposes of the purchaser
  • that the transaction must not have been entered into for the purposes of avoiding stamp duty land tax by either the purchaser or any other person

A charity is defined as a body of persons or a trust established for charitable purposes only.

Only bodies constituted under the laws of the UK, and subject to regulation by the UK courts, can be charities for tax purposes.

These restrictions are not meant to restrict the genuine use by charities of properties they purchase for charitable purposes and most charities will have no difficulty in fulfilling these conditions.

See SDLTM 26010a, example where a dwelling is provided to a vicar or priest.