Finance Act 2003, Schedule 16, paragraph 3

Bare trustee

SCHEDULE 16 Stamp duty land tax: trusts and powers

3 (1) Subject to sub-paragraph (2), where a person acquires a chargeable interest [F1150 or an interest in a partnershipF1150] as bare trustee, this Part applies as if the interest were vested in, and the acts of the trustee in relation to it were the acts of, the person or persons for whom he is trustee.

(2) Sub-paragraph (1) does not apply in relation to the grant of a lease.

(3) Where a lease is granted to a person as bare trustee, he is treated for the purposes of this Part, as it applies in relation to the grant of the lease, as purchaser of the whole of the interest acquired.

(4) Where a lease is granted by a person as bare trustee, he is to be treated for the purposes of this Part, as it applies in relation to the grant of the lease, as vendor of the whole of the interest disposed of.F1149]

Definitions used in Schedule 16, paragraph 3 4

partnership

Part 1 defines “partnership” and contains other general provisions, and

Defined in s.104(2) · see it in the full Act
trustee

(6) In sub-paragraph (5) “trustee” is to be read in accordance with section 1123(3) of CTA 2010 (“connected” persons: supplementary).

Defined in Sch.7A para.19(6) · see it in the full Act

(6) In sub-paragraph (5) “trustee” is to be read in accordance with section 1123(3) of CTA 2010 (“connected” persons: supplementary).

Defined in Sch.7A para.9(6) · see it in the full Act

(8) In sub-paragraph (7) “trustee” is to be read in accordance with section 1123(3) of CTA 2010 (“connected persons”: supplementary).

Defined in Sch.4A para.5A(8) · see it in the full Act
lease

5 In paragraphs 3 and 4 “lease” means any arrangements that provide for a ship to be leased or otherwise made available by one person to another.

Defined in Sch.32 para.5 · see it in the full Act

1 In this Part “lease” means—

(a) an interest or right in or over land for a term of years (whether fixed or periodic), or

(b) a tenancy at will or other interest or right in or over land terminable by notice at any time.

Defined in Sch.17A para.1 · see it in the full Act
vendor

(b) paragraph 8(1) (meaning of “vendor” where the transferee is the assignee under an assignment of rights) would apply but for paragraph 8(2) (exclusion of cases where the original contract is itself a free-standing transfer).

Defined in Sch.2A para.10(1) · see it in the full Act

Cases considering Schedule 16, paragraph 3 3

The Tower One St George Wharf Limited v The Commissioners for HMRC

[2025] EWCA Civ 1588 · 10 December 2025Limits

The paragraph contains special SDLT rules for acquisitions and lease grants involving bare trustees. Its limited deeming effect was central to the Case 3 analysis under section 75A. (see paras [23]-[24], [78], [97]-[101]) The general rule treats an acquisition by a bare trustee as an acquisition by the beneficial owner. The Court distinguished this general rule from the special lease-grant rules. (see paras [23]-[24]) The general bare-trustee rule does not apply to the grant of a lease. (see paras [23]-[24], [100]) A person receiving a lease as bare trustee is treated as purchaser of the whole interest for the purposes of the lease grant. (see para [23]) A person granting a lease as bare trustee is treated as vendor of the whole interest for SDLT purposes. The deeming did not make the trustee beneficial owner or deem it to have distributed its assets. (see paras [23]-[24], [78], [97]-[101])

The Pollen Estate Trustee Company Ltd & Anor v Revenue And Customs

[2013] EWCA Civ 753 · 26 June 2013

The deeming provision applies to the chargeable interest acquired by the bare trustee. It therefore deems the collective equitable estate, rather than each beneficiary’s separate undivided share, to be vested in the beneficiaries (see paras [17]; [39]-[41]).

Stuart Fox v The Commissioners for His Majesty’s Revenue and Customs

[2022] UKUT 310 (TCC) · 17 November 2022

Paragraph 3 of Schedule 16 would treat acts of a trustee as acts of the beneficiary. The Tribunal considered this when upholding the finding that Mr Fox did not hold the property on trust for himself and Mrs Fox (see paras [41]-[42]; [49]).

What each judgment says about Schedule 16, paragraph 3 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F1150Words in Sch. 16 para. 3(1) inserted (with effect in accordance with s. 72(13) of the amending Act) by Finance Act 2007 (c. 11), s. 72(12)(a) (with s. 72(2)(16)(17))
  2. F1149Sch. 16 para. 3 and cross-heading substituted (with effect in accordance with Sch. 10 para. 16(4)(6)-(9) of the amending Act) by Finance (No. 2) Act 2005 (c. 22), Sch. 10 para. 11