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Linked Transactions

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John

Posted on:
02/12/09 10:47
Subject: Linked Transactions

A client of mine was entering into a land purchase for £1.8 and paid an initial £300K as a deposit. When the property market fell drastically the deal fell through. The deposit remained with the seller. They renegotiated a year or so later and agreed to buy the land for a further £280K, using a different legal entity. Lawyers advised that this was a new transaction and so SDLT should be paid only on the second transaction. Other advisors were of the view that these transactions were linked according to the SDLT Act and the value of the sale was £580K rather than £280K. Which view is correct?

Patrick

Posted on:
02/12/09 17:46
Subject: RE: Linked Transactions

Assuming that the seller has credited the buyer with the original £300k deposit and the buyer is connected with the original buyer then you have a linked transaction.

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