(1)This section applies where a person (A) has entered into an arrangement with another person (B) under which—
(a)B is to transfer stock of a particular kind to A or his nominee, and
(b)stock of the same kind and amount is to be transferred by A or his nominee to B or his nominee,
and the conditions set out in subsection [F2 (2A) or] (3) below are fulfilled.
(2)Stamp duty shall not be chargeable on an instrument transferring stock to B or his nominee or A or his nominee in accordance with the arrangement.
[F3(2A)The conditions in this subsection are—
(a)that A or B
[F4(i) is authorised under the law of an EEA State [F5or Gibraltar] to provide any of the investment services or activities listed in Section A 2 or 3 of Annex I to the Directive (execution of orders on behalf of clients and dealing on own account) in relation to stock of the kind concerned, whether or not A or B is authorised under the Directive;] [F6or
(ii)has permission under the Financial Services and Markets Act 2000 to carry on any of the investment services or activities in paragraph 2 or 3 of Part 3 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;]
(b)that stock of the kind concerned is regularly traded on a regulated market.]
(3)The conditions [F7in this subsection] are—
(a)that the arrangement is effected on [F8a regulated market, a multilateral trading facility] or a recognised foreign exchange; and
(b)that stock of the kind concerned is regularly traded on that [F9market, facility or] exchange.
(4)An arrangement does not fall within subsection (1) above if—
(a)the arrangement is not such as would be entered into by persons dealing with each other at arm’s length; or
(b)under the arrangement any of the benefits or risks arising from fluctuations, before the transfer to B or his nominee takes place, in the market value of the stock accrues to, or falls on, A.
(5)An instrument on which stamp duty is not chargeable by virtue only of subsection (2) above shall not be deemed to be duly stamped unless it has been stamped with a stamp denoting that it is not chargeable with any duty; and notwithstanding anything in section 122(1) of the M1Stamp Act 1891, the stamp may be a stamp of such kind as the Commissioners may prescribe.
(6)An arrangement is effected on [F10a market, a facility or] an exchange for the purposes of subsection (3) above if (and only if)—
(a)it is subject to the rules of [F11the market, facility or exchange]; and
(b)it is reported to [F11the market, facility or exchange] in accordance with the rules of [F11the market, facility or exchange].
(7)In this section—
[F12“the Directive” has the meaning given in section 80B(2) above;]
[F12“EEA State” has the meaning given in section 80B(2) above;]
F13...
[F14“multilateral trading facility” has the meaning given in section 80B(2);]
“recognised foreign exchange” has the meaning given in section 80B(3) above.
[F14“regulated market” has the meaning given in section 80B(2).]
F15(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The Treasury may by regulations provide that if stamp duty would be chargeable on an instrument but for subsection (2) above, stamp duty shall be chargeable on the instrument at a rate, specified in the regulations, which shall not exceed 10p for every £100 or part of £100 of the consideration for the transfer.
(9)The Treasury may by regulations amend this section (as it has effect for the time being) in order—
(a)to change the conditions for exemption from duty under this section; or
(b)to provide that this section does not apply in relation to kinds of arrangement specified in the regulations.
(10)The power to make regulations under subsection (8) or (9) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.]
Textual Amendments
F1S. 80C inserted (20.10.1997) by 1997 c. 16, s. 98(1)(3); S.I. 1997/2428, art. 2
F2Words in s. 80C(1) inserted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(2)
F3S. 80C(2A) inserted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(3)
F4Words in s. 80C(2A)(a) renumbered as s. 80C(2A)(a)(i) (31.12.2020) by The Stamp Duty and Stamp Duty Reserve Tax (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/515), regs. 1, 2(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in s. 80C(2A)(i) inserted (31.12.2020) by The Stamp Duty and Stamp Duty Reserve Tax (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/515), regs. 1, 2(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 80C(2A)(ii) and word inserted (31.12.2020) by The Stamp Duty and Stamp Duty Reserve Tax (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/515), regs. 1, 2(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in s. 80C(3) inserted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(4)(a)
F8Words in s. 80C(3) substituted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(4)(b)
F9Words in s. 80C(3) inserted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(4)(c)
F10Words in s. 80C(6) inserted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(5)(a)
F11Words in s. 80C(6) substituted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(5)(b)
F12Words in s. 80C(7) inserted (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(6)(a)
F13Words in s. 80C(7) repealed (with effect in accordance with Sch. 21 para. 5(8) of the amending Act) by Finance Act 2007 (c. 11), Sch. 21 para. 5(6)(b), Sch. 27 Pt. 4(2)
F14Words in s. 80C(7) inserted (31.12.2020) by The Stamp Duty and Stamp Duty Reserve Tax (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/515), regs. 1, 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F15S. 80C(7A) omitted (31.12.2020) by virtue of The Stamp Duty and Stamp Duty Reserve Tax (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/515), regs. 1, 2(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 80C extended (12.10.2004) by The Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2004 (S.I. 2004/2421), art. 1, reg. 2
C2S. 80C: power to extend conferred (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), s. 50(1)-(4)
C3S. 80C extended (with modifications) (11.8.2005) by The Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2005 (S.I. 2005/1990), regs. 1, 2-7
C4S. 80C extended (16.2.2006) by The Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2006 (S.I. 2006/139), regs. 1, 2(1)
C5S. 80C: power to extend conferred (24.7.2002) by 2002 c. 23, s. 117(2)
C6S. 80C extended (26.7.2002) by S.I. 2002/1975, art. 2
Marginal Citations