On completion full payment to the beneficial owner, but the buyer may elect to acquire shares in nominee in lieu of legal estate in the property. Structure should not prejudice payments of rent to the beneficial owner as resident landlord or its ability to opt to tax for VAT and render VAT invoices. Buyer should not be adversely affected for CGT and income tax purposes and should qualify for capital allowances. BUT Court may characterise contract for sale as one of beneficial interest on which stamp duty is payable. Greater due diligence is required with consequent higher fees.
Seller holds property on constructive trust for buyer.
No express declaration of trust otherwise contract will be stampable. Stamp Act 1891. Buyer should avoid being given power of attorney under which it can transfer legal estate on seller's behalf. Power is likely to be a stampable document. Option may be executed overseas.