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Chapter SDLTM22520

Document Cited in Related
Vincent
Published date19 March 2016
Record NumberSDLTM22520
CourtHM Revenue & Customs
IssuerHM Revenue & Customs
Conditions to be fulfilled for the transaction to be eligible for relief

All three of the following conditions must be fulfilled before the transaction is eligible for relief.

Enforceable against vendor

The first condition is that the planning obligation must be enforceable against the vendor.

This means that there must be a planning obligation in place against the vendor before the transaction is effected. Additionally that planning obligation must be capable of being enforced, whether through the courts or by other means. It does not matter that no action has been taken to enforce the planning order, it must just be capable of being enforced.

Purchaser is a public authority

The second condition is that the purchaser is a public authority. There are lists of these

  • for England at SDLTM22530
  • for Northern Ireland at SDLTM22550

HM Treasury also has the power to prescribe additional persons for the purposes of this section by Treasury order.

Five year time limit

The final condition is that the transaction takes place within...

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