HMRC have corrected a technical error in the Stamp Duty Land Tax Manual at SDLTM 00290 (Scope: What is chargeable: Land transactions: Main subject matter FA03/S43(6)).
The amended guidance reads as follows:
“Main subject matter means the chargeable interest acquired in a land transaction. Any interest or right appurtenant or pertaining to it that is acquired with it, but not part of the main subject matter of the transaction, is not taken into account when considering whether the land acquired is residential or non-residential/mixed.
So, for example, the transfer of a freehold and the transfer, creation or variation of a related right of way which is not part of the main subject matter of the transaction, would be chargeable as one transaction (the freehold only) rather than two.”
Related content from Claritax Books
Stamp Duty Land Tax is a well-written, user-friendly guide to the complexities of SDLT, written for accountants, solicitors and other tax professionals, with plenty of worked examples. Topics covered include basic principles, leasehold transactions, partnerships, trusts, reliefs, anti-avoidance legislation and recent tribunal decisions. Full reference is made throughout to relevant legislation, case law and guidance from HMRC.