SDLTM09565 - Scope: when is Stamp Duty Land Tax (SDLT) chargeable: higher rate charge for acquisitions of residential property by certain non-natural persons FA03/S55/SCH4A:
Acquisition for resale in the course of a property development trade where the transaction is part of a qualifying exchange FA03/SCH4A/PARA5
Where a chargeable interest is acquired exclusively for resale in the course of a property development trade as part of a qualifying exchange, the 17 per cent higher rate charge will not apply to the transaction. Instead, SDLT will be charged at the higher rates for additional dwellings.
However, a further return and payment of additional SDLT will be required if the relevant rules in Withdrawal of relief (SDLTM09660) below apply.
Being part of a qualifying exchange for this purposes has the same meaning as for ATED - see FA13/S139(4). In other words
- the acquisition of the single dwelling interest must be made by way of transfer (that is, not by grant of a lease),
- the person from whom the acquisition was made must have acquired (by way of grant or transfer) a chargeable interest in or over a new dwelling from the person undertaking the property development trade and
- each of those acquisitions must have been entered into in consideration of the other.
A 바카라 사이트˜new dwelling바카라 사이트™ is one that has been constructed and not previously occupied or has been adapted to be a single dwelling but has not been occupied since the work required to adapt it has been completed.
The property developer바카라 사이트™s acquisition of the single dwelling interest in these circumstances is called the 바카라 사이트˜reverse acquisition바카라 사이트™ and the interest is known as the 바카라 사이트˜returned interest바카라 사이트™.