Stamp Duty Group Relief

If you paid an SDLT surcharge on a derelict property purchased after March 2016, you may be entitled to a refund. You might get all of the money spent on the SDLT reimbursed as a refund in some situations. Scroll Down for full Article If you have a derelict property that you are looking to renovate and bring back into use, then you may be able to claim stamp duty land tax back. In this blog post, we will discuss how you can go about reclaiming the stamp duty that you paid on your property. We will also provide some tips on how to make the process as smooth as possible. So, if you are interested in learning more, keep reading!

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Greg Dickson

Greg Dickson, Director of Thomtax, offers expert tax solutions since 1995, blending seasoned strategies with a personalized touch for each client's unique needs.

Understanding SDLT Group Relief

The world of taxation can sometimes feel overwhelming. Let’s dive into the often misunderstood realm of SDLT (Stamp Duty Land Tax) Group Relief. Take a deep breath, because we’re here to untangle the intricacies and offer a helping hand.

What is SDLT Group Relief?

Imagine two companies within the same corporate family. SDLT Group Relief is that kind-hearted provision that lets them transfer properties among themselves without incurring any SDLT charges. It’s built on the belief that intra-family (or intra-group) transactions, given their unique nature, shouldn’t be taxed like transactions between strangers.

Have you purchased a property 
in the last 5 years?
You may be due a refund or compensation worth thousands.

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Group Relief Essentials:

  • Eligibility: The two companies (the giver and the receiver) must be part of the same family on the date the transaction happens.
  • Ownership Check: Think of this as a family bond check. One company should have at least a 75% share in the other, or there’s a third company holding this 75% share in both.
  • True Intent: The deal should be about real business stuff and not just a tax-saving scheme.

But wait, what exactly counts as a ‘Company’? It’s broader than you might think, encapsulating bodies corporate and LLPs (Limited Liability Partnerships), regardless of their origin or residence.

What about those in Troubled Waters?

When a company goes into liquidation, it loses its possessions, making SDLT group relief a no-go. However, entering administration doesn’t trigger the same consequence.

LLPs in the Game

LLPs are like the unique cousins in the corporate family. They don’t have share capital, but they still can play the role of the group’s main parent when it comes to SDLT.

Ensuring Realness with the Real Equity Test

This test delves deeper than surface-level, ensuring that the 75% ownership is genuine and not just a facade.

Change in Family Dynamics

If a company bids adieu to its group within three years, Group Relief can be reversed. That means the SDLT comes back into play.

Claiming Your Right

It’s like doing a trust fall – you claim now and they’ll check later. The onus is on companies to ensure their claim is legit.

Guardrails in Place

There are provisions to reclaim the relief if it feels like companies are trying to game the system.

Relief During Transformations:

If your company is undergoing a makeover (reconstruction) without changing the real owners of assets, there’s another relief designed to make the transformation smoother without piling on SDLT. The same goes for when land is transferred during business acquisitions at a mere 0.5% rate. But remember, it’s all about genuine intent.

SDLT reliefs exist to support real, genuine business moves within corporate families and during restructuring. It’s like a safety net, ensuring businesses can grow and adapt without drowning in tax woes. But, as with all safety nets, it’s crucial to use them correctly. If you’re pondering any internal transfers or restructures, take a pause, and chat with tax experts. They’ll help you navigate and get the most out of the reliefs available.

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