HMRC internal manual

Stamp Duty Land Tax Manual

SDLTM09575 - Scope: when is Stamp Duty Land Tax (SDLT) chargeable: higher rate charge for acquisitions of residential property by certain non-natural persons FA03/S55/SCH4A: occupation by a non-qualifying individual FA03/SCH4A/PARA5A

Exclusion from the 15 per cent higher rate charge under any of the heads of FA03/SCH4A/PARA5 will not apply if the chargeable interest has been acquired with the intention that a non-qualifying individual will be permitted to occupy the dwelling.

Where a non-qualifying individual is permitted to occupy the property within three years of the effective date of the transaction, the exclusion is withdrawn and a further return and payment of additional SDLT will be required (see Withdrawal of exclusion (SDLTM09660)).