Tax treatment of proposed lease changes

A building had been divided into four leasehold properties, two residential units (let to A and B respectively) and two commercial units (let to C and D Ltd). The freehold of the building was owned by NGM Ltd, a property management company. A, B and D Limited were also the directors and shareholders of NGM Ltd.

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SDLT – Transfer of property to a pension fund

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A commercial property had been acquired in January 2012 by Mr and Mrs P.  The purchase was financed by a loan from ABC Limited, a company in which Mr and Mrs P owned 100% of the shares.  By December 2012 the property had a market value of around £500,00 and Mr and Mrs P had been advised that the property be transferred into their pension fund.

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SDLT – Rate of tax?

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A company was buying a development site with planning permission to construct eight houses for just over £2 million.  The site was being sold by a single vendor and was made up of one existing house and its garden plus three abutting back gardens.

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SDLT – UK land held in a JPUT

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A Jersey Property Unit Trust (‘JPUT’) owned an industrial site in the UK.  JPUT had received an offer for part of the site and the purchasers wanted to minimise SDLT on the acquisition. Advice was sought on whether it was possible to achieve this by JPUT issuing additional units to the existing unit holders in proportion to their existing holdings.

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VAT – Lease service charge provisions

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VAT advice was sought on the effect for a tenant of the service charge provisions in a lease of a commercial unit in a building which consisted of two commercial units and eight flats, all owned by the same lessor.  Each lease also carried the right to use a designated car park space.

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SDLT – Linked transactions

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In December 2006 the parents of RB bought a flat for £400,000.  The flat was acquired as joint tenants by RB, his father and his mother. The purchase price was provided by RB’s parents and SDLT was paid on that figure.  At the time of acquisition it was agreed that RB would pay his parents £133,333.33 (one third of the total purchase price) for his share.

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