Finance Act 1995

149 Transfer: associated bodies. E+W+S+N.I.

(1) Section 42 of the M1 Finance Act 1930 (relief from transfer stamp duty in case of transfer of property as between associated bodies corporate) shall be amended as mentioned in subsections (2) to (5) below.

(2) In subsection (2) (as substituted by section 27(2) of the M2 Finance Act 1967) for the words from “that the effect” to the end of the subsection there shall be substituted “that—

(a) the effect of the instrument is to convey or transfer a beneficial interest in property from one body corporate to another, and

(b) the bodies in question are associated at the time the instrument is executed.”

(3) The following subsections shall be inserted after subsection (2) (as so substituted)—

“(2A) For the purposes of this section bodies corporate are associated at a particular time if at that time one is the parent of the other or another body corporate is the parent of each.

(2B) For the purposes of this section one body corporate is the parent of another at a particular time if at that time the first body is beneficial owner of not less than 75 per cent. of the ordinary share capital of the second body.”

(4) In subsection (3) (as so substituted) for “(2)” there shall be substituted “ (2B) ”, and the words from “with the substitution” to the end shall be omitted.

(5) The following subsection shall be inserted after subsection (3) (as so substituted)—

“(4) In this section “ordinary share capital”, in relation to a body corporate, means all the issued share capital (by whatever name called) of the body corporate, other than capital the holders of which have a right to a dividend at a fixed rate but have no other right to share in the profits of the body corporate.”

(6) In section 27 of the M3 Finance Act 1967 (which relates to section 42 of the M4 Finance Act 1930) in subsection (3)(c) for the words from “a change” to “third body corporate” there shall be substituted “ the transferor or a third body corporate ceasing to be the transferee’s parent (within the meaning of the said section 42) ”.

(7) This section shall apply in relation to instruments executed on or after the day on which this Act is passed.

Annotations:

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Marginal Citations

M1 1930 c. 28.

M2 1967 c. 54.

M3 1967 c. 54.

M4 1930 c. 28.