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HMRC internal manual

Stamp Duty Land Tax Manual

How is a partnership treated for SDLT purposes: Partnership defined for the purposes of SDLT-Para1

A partnership for the purposes of SDLT is defined as

  • a partnership within the Partnership Act 1890
  • a limited partnership registered under the Limited Partnerships Act 1907
  • a limited liability partnership formed under the Limited Liability Partnerships Act 2000 or the Limited Liability Partnerships Act (Northern Ireland) 2002 or
  • a firm or entity of a similar character to any of the above formed under the law of a country or territory outside the United Kingdom.

In this guidance, unless specified otherwise, the word ‘partnership’ is used generically to refer to any entity that qualifies as a partnership under any of the above definitions.

In each case, a partnership will exist if and only if the entity carries on a ‘business’. HMRC’s guidance on this is set out in the Property Income Manual atPIM1030

Where an entity does not carry on a business there will not be a partnership and the partnership rules set out in this chapter will not apply: even if the parties are bound by a partnership deed.

It is possible that simply holding investment property jointly might not constitute a business.