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HMRC seem to be allergic to granting an SDLT relief
Charities enjoy relief from stamp duty land tax (SDLT) when they acquire an interest in land; this is under FA 2003 Sch 8. Schedule 8 para 1 states that “a land transaction is exempt from charge if the purchaser is a charity…”
This sounds fairly “singular” in that it postulates a single transaction involving a single purchaser. It does not cover joint purchases by several entities.
As it happens FA 2003 s 103 can be interpreted to allow joint purchasers the benefit of all of the consequences of the SDLT legislation (including this particular exemption) and it is generally accepted that where two or more charities jointly purchase property then subject to the usual conditions the exemption applies to them collectively.
That is because interpreted as though they were a single entity they are all “a charity”.
