HMRC internal manual

Stamp Duty Land Tax Manual

SDLTM25005 - Reliefs: Transfers involving public bodies

General overview FA03/S66

Relief from Stamp Duty Land Tax may be claimed on a land transaction entered into wherea reorganisation is effected

* by or under Statute
* both the purchaser and vendor are public bodies
* the land transaction was entered into on, or in consequence of, or in connection with, that reorganisation

Statute means

* an Act of Parliament,
* an Act of the Scottish Parliament
* any Northern Ireland legislation as defined in section 24(5) of the Interpretation Act 1978

Reorganisation means changes involving any or all of

* the establishment, reform or abolition of one or more public bodies
* the creation, alteration or abolition of functions to be discharged by one or more public bodies
* the transfer of functions from one public body to another

Relief may also be claimed in cases where HM Treasury makes an order that it should be available and one or other of the parties to the transaction is a public body.

Public bodies for the purposes of the relief

On the following pages are lists of public bodies defined by where they are situated.

For all of them, the list includes

* any company in which all the shares are owned by a public body below
* any wholly owned subsidiary of such a company

Also included are

* statutory bodies
* a body (other than a company) that is established by or under a statutory provision for the purpose of carrying out functions conferred on it by or under a statutory provision
* prescribed persons
* a person prescribed by HM Treasury order