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HMRC internal manual

Stamp Duty Land Tax Manual

HM Revenue & Customs
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Scope: What is chargeable: Transfer of rights: Transfer of part only FA03/S45(5) & FA03/S45A

FA03/S45(5) and FA03/S45Adeal with the case where the transfer of rights relates to part only of the subject matter of the original contract.

Where part of the subject matter of the contract is retained by the purchaser and part transferred to a sub-purchaser, providing that the original contract has not been substantially performed, then Stamp Duty Land Tax is calculated with reference to the appropriate apportioned consideration for each.

The transaction is then treated as if there were two separate contracts between the vendor and the purchaser, and the vendor and the sub-purchaser.

The appropriate rate of tax is calculated with reference to the consideration for each.

Examples of transfers of part can be seen at SDLTM01110a.