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Home Forums Patrick Cannon Will SDLT be payable on the transfer of a mortgage? Reply To: Will SDLT be payable on the transfer of a mortgage?

#365
Patrick
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Without sight of the judgment and knowing the precise facts any view can only be provisional. However it seems to me that as your client already held the beneficial interest then the transfer to her of the legal interest from her bare trustee falls to be ignored under para 3(1) Sch 16 FA 2003 so no SDLT can arise even if she would otherwise be “assuming” a liability under para 8 Sch 4 FA 2003.