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HMRC internal manual

Stamp Duty Land Tax Manual

From
HM Revenue & Customs
Updated
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Processing: Further guidance for completing forms SDLT1, SDLT3 and SDLT4: Further guidance for question 1 SDLT4, if the transaction is part of the sale of a business, what does the sale include?

Non-chargeable assets

This is question 1 on the paper SDLT4. It will be described as 4.1 if the option to show the question number has been selected on the HMRC online system or software from your IT supplier.

Complete this question if the transaction is part of the sale of a business (or of part of a business) by which an interest in land (for example, land and buildings) is transferred together with other assets that do not attract Stamp Duty Land Tax (SDLT). Please identify these non-chargeable assets by selecting the appropriate categories. Please put an “X” against all that apply.

Stock

For example, stock in a manufacturing environment could be all of:

  • raw materials
  • work in progress
  • finished items

Goodwill

See SDLTM04005.

A payment for goodwill that is part of the land is part of the chargeable consideration for Stamp Duty Land Tax purposes. The price paid for this goodwill should be included in the figure shown at question 10 of the SDLT1 where code A, F or O has been entered at question 2.

Chattels and moveables

See SDLTM04010.

‘Fixtures and fittings’ may include assets that are in law part of the land (the strict meaning of ‘fixtures’). A payment for fixtures is part of the chargeable consideration for Stamp Duty Land Tax purposes and should be included in the figure shown at question 10 of the SDLT1 where code A, F or O has been entered at question 2.

Other

Anything which is part of the deal that is not an interest in land and which falls outside the other three categories.

Total

If you complete the first section of this question you must also complete the second part to show the total amount of consideration apportioned to the non-chargeable assets. The apportionment must be made on a just and reasonable basis. See SDLTM04000. However if the non-chargeable assets were transferred for nil consideration do not enter ‘0’ but leave the second part of the question blank.