Transfer to Ltd co

[rich11]

If a partnership incorporates and property is transferred as part of this is SDLT always payable. I have read the HMRC guidance on the relief applying where it is a partnership to an LLP but nothing if incorporating to an Ltd co. Is the trick to gift the property to the Ltd Company?

Any thought or pointers would be great.

Thanks

[maths]

Relief for stamp duty and SDLT is specifically provided for in the LLP legislation.

Whilst generally speaking SDLT is based on actual consideration, gifts of land to a company which is "connected" to the vendor precipitate an SDLT charge based on market value.