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HMRC internal manual

Stamp Duty Land Tax Manual

HM Revenue & Customs
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Scope: How much is chargeable: Non-cash consideration: Land partitioned FA03/SCH4/PARA6

Where two or more people are jointly entitled to land (whether a single chargeable interest or more than one chargeable interest) and there is a partition or division of the land this is not treated as an exchange. The giving up of a share in one part of the land is not treated as chargeable consideration for the acquisition of a share in another part.

‘Jointly entitled’ means:

  • in England & Wales, beneficially entitled as joint tenants or tenants in common
  • in Scotland, entitled as joint owners or owners in common
  • in Northern Ireland, beneficially entitled as joint tenants, tenants in common or coparceners.

See the example at SDLTM04030a.