Relief for the original purchaser in assignment of rights cases
76.Schedule 2A Paragraph 15 sets out the conditions for relief from SDLT where there is an assignment of rights.
77.Sub-paragraph (1) provides that relief is available if: (i) there is an assignment of rights and a person is liable to SLDT in respect of the notional land transaction (see paragraph 5(1)) or any additional land transaction (see paragraph 5(2)); and (ii) the original contract had not been substantially performed when the assignment of rights was entered into.
78.Sub-paragraph (2) sets out that no SDLT is chargeable on the notional land transaction or additional land transaction if relief is claimed under this paragraph.
79.Sub-paragraph (3) provides that relief is not available if the land transaction under paragraph 4 is exempt from charge by reason of the alternative property finance rules.
80.Sub-paragraph (4) sets out that any relief must be claimed by the submission of a land transaction return.