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HMRC internal manual

Stamp Duty Land Tax Manual

From
HM Revenue & Customs
Updated
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Special provisions relating to partnerships: Transfers of a chargeable interest from a partnership

Para20 states that:

The sum of the lower proportions in relation to a transaction to which Para18 applies is determined as follows:

Step One

Identify the relevant owner or owners.

A person is a relevant owner if

  1. immediately after the transaction, he is entitled to a proportion of the chargeable interest, and
  2. immediately before the transaction, he was a partner or connected with a partner.

Step Two

For each relevant owner, identify the corresponding partner or partners.

A person is a corresponding partner in relation to a relevant owner if, immediately before the transaction—

  1. he was a partner, and
  2. he was the relevant owner (or was an individual connected with the relevant owner).

If there is no relevant owner with a corresponding partner, the sum of the lower proportions is nil.

Step Three

For each relevant owner, find the proportion of the chargeable interest to which he is entitled immediately after the transaction.

Apportion that proportion between any one or more of the relevant owner’s corresponding partners.

There is no set method of performing this apportionment and it can be carried out to give the most beneficial result.

Step Four

Find the lower proportion for each person who is a corresponding partner in relation to one or more relevant owners.

The lower proportion is—

  1. the proportion of the chargeable interest attributable to the partner, or
  2. if lower, the partnership share attributable to the partner.

The proportion of the chargeable interest attributable to the partner is—

  1. if he is a corresponding partner in relation to only one relevant owner, the proportion (if any) of the chargeable interest apportioned to him (at Step Three) in respect of that owner;
  2. if he is a corresponding partner in relation to more than one relevant owner, the sum of the proportions (if any) of the chargeable interest apportioned to him (at Step Three) in respect of each of those owners.

Step Five

Add together the lower proportions of each person who is a corresponding partner in relation to one or more relevant owners.

The result is the sum of the lower proportions.

For the purposes of this paragraph persons who are entitled to a chargeable interest as beneficial joint tenants (or, in Scotland, as joint owners) shall be taken to be entitled to the chargeable interest as beneficial tenants in common (or, in Scotland, as owners in common) in equal shares [Para 20(2)]

For the purpose of paragraph (b) of Step 2 a company is to be treated as an individual connected with the relevant owner in so far as it—

  1. holds property as trustee, and
  2. is connected with the relevant owner only because of section 1122(7) of the Taxes Act 1988.

[Para 20(3)]