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HMRC internal manual

Stamp Duty Land Tax Manual

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HM Revenue & Customs
Updated
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Application: Partnerships - Partnerships: FA03/SCH15

The majority of the Stamp Duty Land Tax (SDLT) legislation relating to partnerships is contained in Schedule 15 (Sch 15).

Unless indicated otherwise, all statutory references in this guidance are to paragraphs within Sch15, as amended by Finance Act 2008.

This guidance may not apply to transactions the effective date of which fell before 21 July 2008, the date on which FA08 came into effect. We are working on further guidance covering earlier transactions. If you need further guidance where this is the case, please contact the Technical Team at:-

Technical Team
Birmingham Stamp Office
9th Floor
City Centre House
30 Union Street
Birmingham
B2 4AR

Schedule 15 is split into three parts.

Part 1 

This defines a partnership for the purposes of SDLT, when a partnership is deemed to continue and other such matters, see SDLTM33100 

Part 2

This provides the rules relating to ‘ordinary partnership transactions’.

Essentially, part 2 applies the primary SDLT legislation to transactions entered into as a purchaser by or on behalf of the members of a partnership.

‘Ordinary partnership transactions’ are all those transactions not covered by part 3, see SDLTM33200 

Part 3

This provides the rules for ‘transactions to which special provisions apply’. Most of the material within this guidance relates to this part of Sch 15, see SDLTM33300