SDLTM09100 - Application and approach: Section 75A (1)

(This page was introduced on 15 January 2020)

Section 75A will apply where:

• one person (“V”) disposes of a chargeable interest and another person (“P”) acquires that interest or a chargeable interest derived from it, and
• a number of transactions (including the disposal and acquisition) are involved in connection with the disposal and acquisition (“the scheme transactions”), and
• the total SDLT payable in respect of all of the scheme transactions is less than the amount that would be payable on a notional land transaction consisting of the disposal of a chargeable interest by V and acquisition of that chargeable interest by P.

It is important that all three of the above conditions are read together when considering if Section 75A applies.

Section 75A can only apply where there has been a land transaction. A land transaction means any acquisition of a chargeable interest.

• For further information on what a land transaction is, see SDLTM00270
• ‘Acquisition’ is defined at Section 42, see SDLTM00270
• ‘Chargeable interest’ is defined under Section 48, see SDLTM00280