SDLTM29230 - Reliefs: Financial Institutions in Resolution: Stamp Duty Land Tax - Exceptions

When a failed institution is placed into resolution and a stabilisation power is exercised under the Banking Act 2009 (‘the Act’), section 66A Finance Act 2003 provides an exemption from Stamp Duty Land Tax (SDLT) on certain transfers of land effected under a property transfer order or a property transfer or resolution instrument, or a supplemental instrument made under such an instrument/ order, from the failed institution to the appointed resolution temporary holding entity, and on transfers of land to former creditors.

The SDLT exemption under FA86/S66A(1) does not apply to transfers in the following circumstances:

• A property transfer instrument or order, or resolution instrument which effectively transfers the business of the failed institution (which includes land) direct to a third party purchaser following exercise of a private sector purchaser resolution stabilisation power under section 11 of the Banking Act 2009. A charge to SDLT at the relevant rates will apply in the normal way.
• Under the terms of the resolution, the failed institution’s assets which includes land are onward transferred from a resolution temporary holding entity or temporary public body, to a third party purchaser. SDLT at the relevant rate will continue to apply.