Property taxation and SDLT

Temple tax has several members who specialise in SDLT and other forms of property taxation such as the Annual Tax on Enveloped Dwellings (ATED).  Members advise on SDLT both in stand-alone property transaction as well as the SDLT implications of larger transactions such as business/partnership incorporations and corporate reorganisations.  Recent matters on which members have advised include the following:

• Incorporations of property businesses and partnerships, in particular securing schedule 15 relief from SDLT.
• Transfers of interests in property owning partnerships/LLPs and transfers of property by a member to a partnership/LLP (and vice versa).
• Property funds including land pooling (Jenkins v Brown situations) and segregations 
• Transfers of property portfolios including application of multiple dwellings relief, residential/commercial portfolios and securing the non-residential rate 
• SDLT implications of corporate reorganisations and mergers including SDLT relief on intra-group transfers of property, reconstruction and acquisition reliefs on demergers of property and alternative structures where reliefs are not available.
• Advice to developers including sub-sale relief, joint venture structures, and non-cash forms of consideration.
• SDLT on leases and lease extensions including sale and leaseback transactions.
• De-enveloping transactions.
• Application of the SDLT anti-avoidance provisions including section 75A, the partnership anti-avoidance provisions (Sch.15 paras. 17 and 17A), and the GAAR.