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HMRC internal manual

Stamp Duty Land Tax Manual

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:

Withdrawal of relief - dwellings for occupation by certain employees and partners FA03/SCH4A/PARA5J


Withdrawal of relief will occur where one of the following conditions is not met within the three year control period

  • The purchaser, or a relevant group member, is carrying on a trade on a commercial basis with a view to profit.
  • The dwelling has been made available to qualifying employees or partners to use as living accommodation.
  • The dwelling is made available solely or mainly for the purposes of the trade carried on by the purchaser or a relevant group member.


Withdrawal will also occur if, during the control period, the dwelling has not yet been made available to qualifying employees or partners or has ceased to be made available to them and reasonable steps are not being taken to ensure that the dwelling is to be so used.