SDLTM09900 - SDLT - increased rates for non-resident transactions: Non-resident in relation to a chargeable transaction: Companies - para 7 Sch 9A FA03

For the purposes of the surcharge, a company is non-resident in relation to a chargeable transaction if on the effective date of the chargeable transaction, either of the following two conditions is met (paragraph 7(1)):

• the company is not UK resident for the purposes of the Corporation Tax Acts (paragraph 7(2)); or
• the company is UK resident for the purposes of the Corporation Tax Acts, but:
  • is a close company (paragraph 7(3)(a));
  • meets the non-UK control test in relation to the transaction (paragraph 7(3)(b)); and
  • is not an excluded company (paragraph 7(3)(c)).

Special rules apply for co-ownership authorised contractual schemes, and purchases of land by a financial institution as part of alternative property finance arrangements. See SDLTM09945 and SDLTM09950 for more details.