Transfter property into ltd company - refund on higher rate SDLT?

00ec25

SDLT_Geek wrote: »

This link gets you most of the way there: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09800

I disagree, I think Condition C is the one which is the more relevant one as it includes the phrase "treated as owning"

I agree the existing guidance does not directly refer to close companies, but on that basis I suspect a court case may be needed before a firm position is established as to the meaning of "treated"

Anyone owning a close company is effectively directly owning the company's assets, so I interpret it that OP is still treated as owning and thus fails condition C as no disposal has taken place.
https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09780

I assume that is why OP started the thread by use of "arms length" as that is one of the considerations used in tax questions involving close company transactions and hence OP's concerns that he is aware a disposal may not have occurred?

Parisii

00ec25, yes that's it exactly, the guidance can be interpreted either way. In ambiguous situations, how is it decided if I went ahead and did it anyway? Who would bring a court case? Or would HMRC just refuse the SDLT refund? (Nothing has been done yet and I'm still the owner of both properties personally.)
I had no idea it would be such a complicated thing to answer!