There are two conditions for relief. First, the purchaser, i.e. the charity or a charitable trust, must intend to hold the subject-matter (or, from 22 July 2004 (see below), the greater part of the subject-matter) of the transaction for qualifying charitable purposes, that is:

(a)for use in furtherance of the charitable purposes of the purchaser or of another charity, or

(b)as an investment from which the profits are applied to the charitable purposes of the purchaser.

Second, the transaction must not have been entered into for the purposes of avoiding SDLT, whether by the purchaser or any other person.

Legislation: FA 2003, Sch. 8, para. 1(2), (3)

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