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SDLT and IHT planning for farmers and other trading partnerships

31 May 2022 / Malcolm Gunn , Fred Butler
Issue: 4842 / Categories: Comment & Analysis
83517
Strange rules, beyond understanding

Key points

  • Inheritance tax solutions may trigger SDLT problems.
  • The measure of a person’s interest in a partnership for SDLT purposes is by reference to income rather than capital sharing ratios.
  • Watch out for aunts uncles nephews nieces and cousins. If they are partners the connected persons rules will not apply and so SDLT may be chargeable on transfers.
  • Withdrawal of capital within three years may trigger SDLT charges.
  • Watch out for future changes in profit sharing ratios – they could spring a nasty surprise.

One of the enjoyable things about tax work is occasionally being able to save someone a lot of money with one or two sheets of paper. A good example is in relation to IHT business property relief – see Example 1.

This dichotomy in business property rules is somewhat strange and the rationale for it is...

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