Partnership to company transfer

Partnership to company transfer

Postby Kitty Kat on Tue Mar 08, 2011 12:50 pm

Bear with me on this, Stamp Duty is REALLY not my thing...

We have a client operating as a LLP and also as a partnership (2 seperate partnerships with the same 2 partners). They each own a few investment properties which they want to transfer to a Ltd company (which they control).

My initial knee jerk reaction is that this would have to be at MV as it is a related party transaction. Therefore SDLT would be payable on the MV.
I've been told by a solicitor that this isn't the case and in fact SDLT can be avoided, I assume by transfering at a lower value, but he was sketchy on the further details.

Is there a special rule I am unaware of?
"assortment of wardrobe has attained the approval of guys and a large amount of women every little bit as alike"
Kitty Kat
 
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Re: Partnership to company transfer

Postby section 44 on Tue Mar 08, 2011 1:05 pm

Schedule 15 to the Finance Act 2003 would be worth reading.
section 44
 
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