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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: Transfer of interest in a property investment partnership

Certain leases not relevant partnership property - Para 15

A lease held as partnership property immediately after a transfer of an interest in the partnership is not relevant partnership property for either a Type A or a Type B transfer if the four conditions set out in Para15 are met.

The first condition is that—

  • no chargeable consideration other than rent has been given in respect of the grant of the lease, and
  • no arrangements are in place at the time of the transfer for any chargeable consideration other than rent to be given in respect of the grant of the lease.

The second condition is that the rent payable under the lease as granted was a market rent at the time of the grant.

The third condition is that—

the term of the lease is 5 years or less, or

if the term of the lease is more than 5 years—

  1. the lease provides for the rent payable under it to be reviewed at least once in every 5 years of the term, and
  2. the rent payable under the lease as a result of a review is required to be a market rent at the review date.

The fourth condition is that there has been no change to the lease since it was granted which would have the effect of making the rent payable under the lease less than a market rent.

The market rent of a lease at any time is the rent which the lease might reasonably be expected to fetch at that time in the open market.

A review date is a date from which the rent determined as a result of a rent review is payable.