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Hot potato
KEY POINTS
- Stamp duty land tax disadvantages when a sole trader incorporates.
- Relief from SDLT may be available when transferring a property from a partnership to a company.
- Incorporation using TCGA 1992 s 165.
- Availability of entrepreneurs’ relief and business property relief.
Stamp duty land tax is the unloved tax the last picked in games the sparse spruce left at the garden centre on Christmas eve.
The trouble is it has an identity crisis. It has the label of a tax so solicitors tend to throw this hot potato to tax advisers. Yet advisers fearful of burnt fingers will deftly return it from whence it came. Some see it as the solicitor’s domain because it is primarily a transactional tax and is no more relevant to a tax adviser’s...
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