SDLTM34030 - Relevant partnership property - Para 14 (5-5A)
What property is taken into account when calculating the chargeable consideration for the transfer of the interest in a property investment partnership depends on whether the transfer is a Type A transfer or a Type B transfer.
Relevant partnership property in relation to a Type A transfer of an interest in a property investmetn partnership, is every chargeable interest held as partnership property immediately after the transfer, other than
- any chargeable interest that was transferred to the partnership in connection with the transfer;
- a lease to which Para15 (exclusion of market rent leases) applies, and
- any chargeable interest that is not attributable economically to the interest in the partnership that is transferred.
Relevant partnership property in relation to a Type B transfer of an interest in a property investment partnership, is every chargeable interest held as partnership property immediately after the transfer, other than
- as above
- as above
- as above
- any chargeable interest that was transferred to the partnership on or before 22 July 2004,
- any chargeable interest in respect of whose transfer to the partnership an election has been made under Para12A, and
- any other chargeable interest whose transfer to the partnership did not fall within Para10(1)(a)-(c).
The effects of these exceptions is that relevant partnership property for a Type B transfer only includes chargeable interests acquired by the partnership in the circumstances set out in Para10()(a)-(c) - See SDLTM33510