SDLTM21040 - Reliefs: Certain acquisitions of residential property
Acquisition by property trader from personal representatives
FA03/SCH6A/PARA3
Where a property trader purchases a dwelling from the personal representatives of a deceased individual, the purchase will be exempt from Stamp Duty Land Tax if all of the following conditions are metÂ
- the purchase is in the course of a business that consists of purchasing dwellings from the personal representatives of deceased individualsÂ
- the deceased individual occupied the dwelling as his main or only residence at some time in the two years ending with the date of his death andÂ
-
the area of
land acquired does not exceed the permitted areaÂ
Where the land acquired is more than the permitted area, as long as the first two conditions above are fulfilled partial relief may be claimed.
Where partial relief is claimed, part of the consideration for the acquisition becomes chargeable.
The amount of chargeable consideration is the difference between the market value of the permitted area and the total market value of the dwelling including all the land.
Relief under this section will be withdrawn if the property trader:Â
- spends more than the permitted amount on refurbishment of the dwelling orÂ
- grants a lease or licence of the dwelling orÂ
-
permits any
of its principals or employees, or any person connected with any of its
principals or employees, to occupy the dwellingÂ
³§±ð±ðÌý³§¶Ù³¢°Õ²Ñ21010Ìýfor definitions of the above criteria.Â
To claim relief under FA03/SCH6A/PARA3 you should enter relief code 28 in the relief question on the return.Â