Finance Act 2003, section 49

Chargeable transactions

Part 4 Stamp duty land tax

(1)A land transaction is a chargeable transaction if it is not a transaction that is exempt from charge.

(2)Schedule 3 provides for certain transactions to be exempt from charge.

Other transactions are exempt from charge under other provisions of this Part.

Definitions used in section 49 1

land transaction

(1) In this Part a “land transaction” means any acquisition of a chargeable interest. As to the meaning of “chargeable interest” see section 48.

Defined in s.43(1) · see it in the full Act

Cases considering section 49 6

Michael Brown & Anor v The Commissioners for HMRC

[2024] EWCA Civ 92 · 8 February 2024

Section 49 was applied to treat the acquisition as chargeable because no Schedule 3 exemption applied. (see para [22])

David Hyman & Anor. v The Commissioners for HMRC

[2022] EWCA Civ 185 · 17 February 2022

Governs whether a land transaction is chargeable to SDLT. The court stated that the transactions in the appeals were chargeable transactions. (see para [3])

BTR Core Fund JPUT v The Commissioners for HMRC

[2026] UKUT 27 (TCC) · 21 January 2026

Provides that a transaction is chargeable unless exempt. The transaction was not exempt, so SDLT was chargeable (see para [13]).

What each judgment says about section 49 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I22Pt. 4 wholly in force at Royal Assent subject to Sch. 19, see s. 124, Sch. 19 para. 1(1)