SDLTM09240 - Incidental transactions: Section 75B

(This page was introduced on 15 January 2020)

For the purposes of calculating the chargeable consideration for the notional land transaction between V and P, consideration for a particular transaction is excluded if that transaction is incidental to the transfer of the chargeable interest, or one deriving from it, from V to P.

If a transaction is incidental, it is only the consideration which is ignored. The incidental transaction can still be a scheme transaction.

If a transaction is not completely incidental to the transfer of the chargeable interest, the consideration can be apportioned on a just and reasonable basis. The amount apportioned to the extent that the transaction is merely incidental will be ignored in calculating the chargeable consideration for the notional land transaction.