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HMRC internal manual

Stamp Duty Land Tax Manual

HM Revenue & Customs
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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: non-qualifying individual - exception to connected persons rule

When identifying a non-qualifying individual the rule at section 1122(7) CTA 2010 that a partner in a partnership is connected with

  1. any partner in the partnership
  2. the spouse or civil partner of any individual who is a partner in the partnership and
  3. a relative of any individual who is a partner in the partnership,

will not apply.

This exception applies only in relation to interests owned by partnerships that meet the ownership condition in FA13/S94(5). Its effect is to ensure that connection between persons who otherwise have no familial or trust connection is not established through business partnerships.