SDLTM49400 - Commencement and transitional provisions

Provisions for variations and contracts on or after 10 July 2003 FA03/SCH19/PARA4(3)

There are special provisions for contracts for Stamp Duty Land Tax transactions made before implementation date. Such a contract might be

  • a contract made on or before 10 July 2003 which
  • was not substantially performed on or before 10 July 2003 but has been varied after that date, or
  • where the contracting purchaser has sub-sold or transferred his rights after that date, or
  • a contract made after 10 July 2003 but before implementation date

The substantial performance of such a contract before implementation date is disregarded. This means that a charge to Stamp Duty Land Tax can arise, if at all, only on completion by virtue of

FA03/SCH19/PARA4(3)

The following examples all concern transactions where a contract was entered into on 1 August 2003

SDLTM49400aExample 1: Completion 1 January 2005
SDLTM49400bExample 2: Sub-sale 1 November 2003
SDLTM49400cExample 3: Substantial performance 1 February 2004