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A is selling 7.4 acres split into 2.4 acres to X and 5 acres to X’s pension fund (not connected). X is then selling their 2.4 acres for the same price that they bought it from A, on the same day, but the 2.4 acres will be split between Y and Y’s pension fund (again not connected).
Our intention is to rely on s.45(3) FA 2003 with substantial performance and completion of the A to X contract postponed until substantial performance and completion of the X to Y contract happens.
Does the split between Y and Y’s pension fund make any difference in relation to sub-sale relief and cause SDLT to be payable on the A to X contract?
No it should not matter.
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