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Home Forums Patrick Cannon Is a trustee of residential property liable for the 3% rate of SDLT? Reply To: Is a trustee of residential property liable for the 3% rate of SDLT?

#1433
AJ Mussell
Keymaster

I agree with you as the individual is purchasing as an individual and not in her capacity as a trustee. The matter is however put beyond doubt by paragraph 11, Schedule 4ZA FA 2003 which treats the beneficiary as holding the interest in the trust dwelling leaving the individual who is also the trustee to purchase her dwelling without also being treated as owning the trust dwelling.