Additional details for certain transactions

Supplementary form SDLT 4 is in two sections, About the Transaction, questions 1 to 7, and About Leases, questions 8 to 37.

About the transaction

All purchasers should read the paragraphs below to check if they need to complete section 1 of form SDLT4.

Form SDLT4 questions 1 to 9:

Consider whether any one or more of the 6 bullet points apply. If so, complete all relevant questions in this section of the form:

  • The purchaser, or any one of the purchasers, is a company
  • Question 1 of form SDLT1 shows code 02 (mixed property) or code 03 (non residential property)
  • The property transaction is included in the sale of a business or in the sale of part of a business
  • Any part of the consideration other than rent is contingent or uncertain
  • The terms of the transaction include the reservation of minerals or mineral rights
  • You have applied to us for either a post-transaction ruling in accordance with code of practice 10 or for advice on the application of the law to this transaction.

SDLT4 Q1. Sale of business

Complete this question if the transaction is part of the sale of a business (or of part of a business) by which an interest in land (for example, land and buildings) is transferred together with other assets that do not attract Stamp Duty Land Tax. Please identify these non-chargeable assets by selecting the appropriate categories.

SDLTM04005
It should be noted that 'goodwill' is not often capable of separation from the land. A payment for goodwill that is part of the land is part of the chargeable consideration for Stamp Duty Land Tax purposes. The price paid for this goodwill should be included in the figure shown at question 10 of the SDLT1 where code A, F or O has been entered at question 2. Please see also the Valuation Office Agency guidance (Opens new window).

SDLTM04010
'Fixtures and fittings' may include assets that are in law part of the land (the strict meaning of 'fixtures'). A payment for fixtures is part of the chargeable consideration for Stamp Duty Land Tax purposes and should be included in the figure shown at question 10 of the SDLT1 where code A, F or O has been entered at question 2.

SDLTM04000
If you complete the first section of this question you must also complete the second part to show the total amount of consideration apportioned to the non-chargeable assets. The apportionment must be made on a just and reasonable basis. However if the non-chargeable assets were transferred for nil consideration do not enter '0' but leave the second part of the question blank.

SDLT4 Q2. Property for commercial use

If the property is used wholly or in part for a commercial use or uses, choose from the options given on the return. If appropriate enter more than one.

Top

SDLT4 Q3. Post-transaction rulings and code of practice 10

SDLTM51000
A post-transaction ruling is a ruling by HM Revenue & Customs on the application of tax law to a specific transaction after that transaction has taken place. Code of practice 10 tells you when we will give a post-transaction ruling and how to apply for one. Answer 'Yes' if you have applied for a ruling. If you answer 'Yes' you must in the second part of the question show whether or not you have followed that ruling or if you have not received a ruling but have applied for one. If you answer 'No' in the first part of the question, leave all other parts of the question blank.

SDLT4 Q4. Consideration which is contingent or dependent on uncertain future events

SDLTM05010
The payment of consideration, or an element of it, may be dependent on a future event, such as the granting of planning permission, or the final amount payable may be unknown until a future date. Answer 'Yes' if any consideration is contingent on a future event or if an element of the consideration cannot be quantified until a future date; also complete question 5. Answer 'No' if it is only rent that is contingent on a future event, but give details at questions 29 to 33 if you also have to complete part 2 of this form.

SDLT4 Q5. Agreement to defer payment of Stamp Duty Land Tax

SDLTM50900
If you have answered 'Yes' at question 4 because some part of the consideration is contingent or uncertain, answer 'Yes' if you have an agreement with HM Revenue & Customs that payment of any part of the Stamp Duty Land Tax may be deferred. An application for deferred payment must be received by Birmingham Stamp Office by the filing date. The application should be marked 'SDLT Deferment Application' It helps us to give an early decision on a deferment if it is made -as far in advance of the filing date as possible.

SDLT4 Q6. Reserved minerals and mineral rights

Any mineral rights (historic or new) which are expressly excluded from this sale should be indicated here. Enter the appropriate code from the table. If more than one mineral or mineral right is reserved, enter code 01.

Mineral

Code

More than one type shown below

01

Anhydrite

02

Barytes

03

Brickearth

04

Calcite

05

Chalk

06

Chert

07

Clay - ball

08

Clay - brick

09

Clay - cement

10

Clay - china

11

Clay - silica

12

Coal

13

Fieldspar

14

Fireclay

15

Flint

16

Fluorspar

17

Fullers Earth

18

Granite

19

Gypsum

20

Ironstone

21

Lead

22

Limestone

23

Marl

24

Oil

25

Peat

26

Potash

27

Salt

28

Sand

29

Sand and gravel

30

Sandstone

31

Shale

32

Slate

33

Tin

34

Vein minerals

35

Other

36

SDLT4 Q7. Description of purchaser

Describe the first purchaser by entering all appropriate codes from the list below:

Description of Purchaser

Code

Unincorporated builder

01

Unincorporated sole trader other than a builder

02

Individual other than sole trader

03

Partnership

04

Local authority

05

Central government

06

Public corporation

07

Property company

08

Bank

09

Building Society

10

Insurance/Assurance Company

11

Superannuation or pension fund

12

Other financial institution

13

Other company

14

Other, including charity

15

Top