Should I sell or risk tenants buying at undervalue price?9:08 AM, 25th September 2019
About 4 weeks ago 48
Why is the SDLT treatment of partnership property different to individually owned property at the point of incorporation?
Property118 Limited has raised this very important issue with HMRC in an open latter dated 28th June 2017, the content of which reads as follows:
This request for clarification is a follow up to our letter dated 20th June which requested clarification of the circumstances by which a private landlord is perceived by HMRC as running a business (copy attached).
Your SDLTM33110 makes it very clear on how SDLT is calculated for partnerships at the point of incorporation. The opening section of your manual states:-
A partnership for the purposes of SDLT is defined as
In this guidance, unless specified otherwise, the word ‘partnership’ is used generically to refer to any entity that qualifies as a partnership under any of the above definitions.
In each case, a partnership will exist if and only if the entity carries on a ‘business’. HMRC’s guidance on this is set out in the Property Income Manual at PIM1030.
We cannot understand why this applies only to partnerships and not sole owners, or does it?
Are we missing something?
We respectfully request your permission to publish your response to this request for clarification in open forum.
Neil Patterson – Managing Director
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