You must answer at least the first part of this question.
Note: you must claim all reliefs and exemptions from Stamp Duty Land Tax (SDLT) on form SDLT1. Even where the relief results in no tax liability it must be claimed here.
There are many forms of relief or exemption from SDLT. Some give full relief from tax, others give partial relief. If you are claiming relief answer 'Yes' in the first part. You must then select the appropriate code to enter into the second part. If you answer 'No'' you must leave blank the whole of the rest of question 9.
So-called 'overlap relief' is not a relief, but operates by reducing the amount of the rent chargeable to tax.
The leaseback element of a sale and leaseback transaction is exempt from SDLT. Notification is required as this is the second leg of an exchange (making chargeable consideration equal to market value). Relief can be claimed under code 28 if the conditions of Section 57A(3) are met. The same applies to a lease and leaseback transaction.
Reliefs |
Code |
Manual |
|---|---|---|
Designated disadvantaged areas (residential) |
05 |
|
Designated disadvantaged areas (mixed-use) |
07 |
|
08 |
||
Relocation of employment |
09 |
|
Compulsory purchase facilitating development |
10 |
|
Compliance with planning obligations |
11 |
|
Group relief |
12 |
|
Reconstruction relief |
13 |
|
Acquisition relief (tax at 0.5%) |
14 |
|
Demutualisation of an insurance company |
15 |
|
Demutualisation of a building society |
16 |
|
Incorporation of a limited liability partnership |
17 |
|
Transfers involving public bodies |
18 |
|
Transfer in consequence of reorganisation of parliamentary
constituencies |
19 |
|
Charities relief |
20 |
|
Acquisition by bodies established for national purposes |
21 |
|
Right to buy relief |
22 |
|
Registered social landlords |
23 |
|
Alternative property finance |
24 |
|
Collective enfranchisement by leaseholders (relief not yet available) |
25 |
|
Crofting community right to buy |
26 |
|
Diplomatic privileges relief |
27 |
|
Other relief |
28 |
|
Combination of reliefs |
29 |
|
| Zero carbon houses | 30 | |
| Alternative Finance Investment Bonds | 31 | |
First-time buyers relief |
32 |
|
Multiple dwellings relief |
33 |
|
You must answer this question if you answered F, A or O at question 2. Leave blank if you answered L.
SDLTM03700 Show here the total consideration in money or money's worth, in whatever form, given by the purchaser for the interest in land acquired. This is the figure on which stamp duty land tax is charged.
The figure entered as the total consideration must
However if any form of consideration was given for the assignment or in Scotland assignation of a lease, A at question 2, enter the amount here question 22 does not need completing.
If no consideration of any kind has been given, or consideration
has been received do not enter '0'.
If no consideration the transaction does not require notification.
For most transactions the figure shown at question 10 will be the
purchase price and it will be paid wholly in monetary form.
See notes on question 12 for notifying consideration which is other than cash, in particular where property is transferred subject to a debt.
In the following situations stamp duty land tax is charged on the market value of the subject matter of a transaction rather than on the consideration given by the purchaser
Market value is the price which the subject matter of the transaction may be expected to achieve in a sale in the open market at arms length on the effective date of the transaction, i.e. the date notified at question 4 of the land transaction return.
If this transaction is:
Note: chargeable consideration includes anything paid for assets that in law are part of the land.
For example anything properly attributable to:
Chargeable consideration does not include anything properly attributable to chattels or moveables.
If an amount is paid partly for land, including things that in law form part of the land, and partly for other assets such as chattels or moveables, there must be a just and reasonable apportionment of the total amount in order to arrive at the chargeable consideration for SDLT purposes. An apportionment agreed between purchaser and seller may not be conclusive
SDLTM03800 Only complete this question if VAT is charged on the transaction, for example on the sale of new commercial property or if the vendor (seller) has elected to waive exemption.
Enter here the amount of VAT charged. If there is no VAT leave
blank.
If the transaction is the grant of a new lease (question 2 category
L) leave blank but complete questions 16 to 25
as appropriate.
You must answer this question if you entered F, O or A at question 3.
SDLTM03700 The codes describe different forms of consideration.
Most transactions will be completely satisfied by a monetary payment in which case the only entry will be the cash code 30.
But, where relevant, up to 4 different types of consideration may be recorded in the spaces provided at question 12, for example if a transfer of equity with a balancing cash payment is being notified codes 30 and 31 should be used.
Stamp duty land tax is chargeable on the total value of all forms of consideration in money or money's worth see SDLTM04140 and SDLTM80350.
For transactions where stamp duty land tax is chargeable on the market value of the property acquired rather than the actual consideration paid, code 34 should be used at question 12, unless it is an exchange in which case code 37 applies see guidance for codes 34 and 37 below.
If there is an exchange no other code will be necessary despite the fact that a payment may have been made by the purchaser.
This also applies to shared ownership leases where the purchaser has elected to pay stamp duty land tax on the market value of the property, rather than on the actual premium paid for the lease.
Debt - Code 31 SDLTM04040 relates to:
A purchaser is treated as assuming debt if the rights or liabilities of any party in relation to the debt are changed as a result of the transaction. The amount of debt assumed by the purchaser is treated as consideration given. See Examples.
A mortgage taken out at the same time as the purchase of a property is not the assumption of responsibility for a debt owed by the vendor (seller) of the property. So if a property is purchased for £300,000 with the benefit of a £200,000 mortgage the chargeable consideration is (cash) £300,000 and only code 30 (cash) should be entered.
Note: a gift of an interest in land does not
itself constitute a chargeable transaction for stamp duty land tax.
However if the donee assumes a debt, usually, but not always, a
mortgage, previously owed by the donor, there is a chargeable occasion
in respect of which the donee is treated as having given consideration
to the extent of the amount of the debt taken over. There are different
rules for bequests
Example 1: Jack transfers a half share in his house for no cash consideration to Jill and at the same time she takes on joint responsibility for the mortgage. The house is worth £300,000 but is subject to a mortgage of £200,000 at the time of transfer. £100,000, that is, half the amount of the outstanding mortgage, is chargeable consideration. (Enter code 31).
Example 2: Jill transfers a half share in her
house for no cash consideration to Jack. The house is worth £300,000.
At the same time she redeems the existing mortgage, £200,000
outstanding and together they take out a new mortgage of £250,000.
The chargeable consideration is £100,000, half the redeemed
mortgage. (Enter code 31).
A transaction may also be in satisfaction of a debt due to the purchaser
or owed by the vendor. In this case the amount of debt satisfied
is the amount of chargeable consideration. Whether the debt is assumed
or satisfied, the chargeable consideration is equal to the debt
unless the open market value of the land passing is less, in which
case the amount of the consideration is limited to the value of
the land.
If the purchaser agrees to carry out building works on land, the chargeable consideration is the open market value of such works. This may not apply if the land is already owned by the purchaser or is transferred as a result of this transaction or if the works are carried out after the effective date of the transaction.
If the land transaction is entered into by reason of the purchaser's employment, or the employment of a connected person, the chargeable consideration is the rental value assessed for income tax purposes or the market value of the property.
Any other consideration, in money's worth, not otherwise listed here, or, as noted above, the market value of the interest in land acquired should be notified using code 34, except for exchanges where code 37 should be used.
These must be valued at the effective date of the transaction.
These must be valued at the effective date of the transaction.
If the purchaser and vendor exchange each to the other an interest in land, at least one of which is a major interest, there are in effect two separate transactions each of which must be notified by the respective purchasers. Tax is paid on the market value of the land acquired. Relief may be available if the purchaser is a house-building company that is taking the vendor’s house as part consideration for the sale of a new built house. See question 9 code 08.
If the purchaser undertakes to provide services, the chargeable consideration is the open market value of those services.
The transaction may provide for a further amount of consideration to be paid some time in the future dependent on whether or not something occurs. For example a further amount may have to be paid if the purchaser is granted planning permission.
Tax is chargeable at the effective date on an amount to include any contingent payment on the assumption that the contingency will occur.
The consideration or part of it may depend on uncertain future events. In this case the amount of consideration will be based on the best estimate that can be made of the likely outcome as at the effective date of the transaction. If this applies, you must complete supplementary return form SDLT4, unless applying for deferment.
In some circumstances where receipt of consideration is delayed because of a contingency, deferment or partial deferment of tax may be allowed. SDLTM50900. Please contact Stamp Taxes Helpline if you think this may apply to the transaction which you are notifying.
Do not treat rent payable as a result of a future rent review as contingent consideration.
You must answer this question.
Transactions are 'linked' if they form part of a single scheme, arrangement or series of transactions between the same vendor and purchaser or, in either case, persons connected with them.
If this transaction is linked to any other(s) answer ‘Yes’ and enter the total amount paid for all the linked transactions including any VAT. If it is not linked to any other transaction you must answer ‘No’ and leave the rest of question 13 blank.
There are two methods of notifying linked transactions:
This method may be used for linked transactions that:
To notify linked transactions all within code F or code O at question 2 on a single SDLT1:
To notify linked transactions all within code A at question 2 on a single SDLT1:
To notify linked transactions all within code L at question 2 on a single SDLT1:
This method must be used if at least one of the following applies. You have linked transactions that
To notify linked transactions on separate forms SDLT1:
Apportionment of the chargeable consideration: if a single price was negotiated and paid for all the linked transactions that price should be apportioned between each of the transactions on a just & reasonable basis.
There is no need to obtain professional valuations for this purpose. The purchaser may estimate their own apportionment of the value appropriate to each transaction it is advisable that evidence is retained to show how the apportionment was arrived at should enquiries be opened into the returns at a later date.
For details of connected persons see Section 1122 Corporation Tax Act 2010
Examples:
Calculation: If transactions are linked aggregate the whole consideration payable for all the transactions other than rent.
Apply the appropriate rate of tax to that total. (For code L cases where the consideration includes rent, see the example at question 25.
Example: Jack buys a house for £240,000 and his wife Jill buys the garden of the house for £20,000, both from the same vendor and as part of a single bargain. Both land transaction returns are submitted 2 months after the filing date
Jack’s return
Jill’s return
You must answer this question.
Enter the amount of tax that should be paid in respect of this land transaction based on the total chargeable consideration.
The amount of tax due will usually match the payment enclosed and entered on a payslip or paid by other means, see 'Paying Stamp Duty Land Tax'
Exceptions are where we have agreed to defer payment and you have entered details on a supplementary return form SDLT4 or if your payment is the sum of the tax due at question 14 and any penalty/interest due. Always show the total remitted at question 15.
You must answer both parts of this question.
Show here the total amount being paid. See ‘How to pay’ including BACS, CHAPS, BillPay, internet and telephone banking.
There are penalties for filing late. See the notes at 'What
happens if the return and payment are late?'.
If your payment includes an appropriate penalty and/or interest
because of the late notification and/or payment of the tax, show
this by entering ‘Yes’ in the second part. Enter ‘No’
if it does not.
In addition the purchaser may be liable to a tax-related penalty which will not exceed the amount of tax chargeable for the transaction.
If no tax is enclosed or otherwise paid enter 0.
