29(1)Stamp duty is not to be chargeable—E+W+S
(a)on a scheme made under section 1(2); or
(b)on an instrument certified by the Secretary of State to the Commissioners of Inland Revenue as made for the purposes of such a scheme, or as made for purposes connected with such a scheme.
(2)But where, by virtue of sub-paragraph (1), stamp duty is not chargeable on a scheme or instrument, the scheme or instrument is to be treated as duly stamped only if—
(a)in accordance with section 12 of the Stamp Act 1891 (c. 39) it has been stamped with a stamp denoting either that it is not chargeable to duty or that it has been duly stamped; or
(b)it is stamped with the duty to which it would be chargeable apart from sub-paragraph (1).
(3)In this paragraph, “instrument” has the same meaning as in the Stamp Act 1891.
Commencement Information
I1Sch. 10 para. 29 in force at 8.6.2005 for specified purposes by S.I. 2005/1444, art. 2(1), Sch. 1
I2Sch. 10 para. 29 in force at 24.7.2005 in so far as not already in force by S.I. 2005/1909, art. 2, Sch.
30(1)No transfer in accordance with a scheme made under section 1(2) is to give rise to any liability to stamp duty land tax.E+W+S
(2)Relief under this paragraph must be claimed in a land transaction return or in an amendment of a land transaction return.
(3)In sub-paragraph (2) “land transaction return” has the meaning given by section 76(1) of the Finance Act 2003 (c. 14).
Commencement Information
I3Sch. 10 para. 30 in force at 8.6.2005 for specified purposes by S.I. 2005/1444, art. 2(1), Sch. 1
I4Sch. 10 para. 30 in force at 24.7.2005 in so far as not already in force by S.I. 2005/1909, art. 2, Sch.
31E+W+SNo scheme made under section 1(2) or 12 is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act.
Commencement Information
I5Sch. 10 para. 31 in force at 8.6.2005 for specified purposes by S.I. 2005/1444, art. 2(1), Sch. 1
I6Sch. 10 para. 31 in force at 24.7.2005 in so far as not already in force by S.I. 2005/1909, art. 2, Sch.
32E+W+SNeither the power of the Secretary of State to make a scheme under section 1(2) nor the power of the Secretary of State[F1, the Welsh Ministers] or the Scottish Ministers to make a scheme under section 12 is to be regarded as constituting—
(a)arrangements falling within [F2section 154(3) or 155(3) of the Corporation Tax Act 2010] (arrangements for transfer of company to another group or consortium); or
(b)option arrangements for the purposes of [F3section 173 of] that Act.
Textual Amendments
F1Words in Sch. 10 para. 32 inserted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(xvii), Sch. para. 68(2)
F2Words in Sch. 10 para. 32 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 478(3)(a) (with Sch. 2)
F3Words in Sch. 10 para. 32 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 478(3)(b) (with Sch. 2)
Commencement Information
I7Sch. 10 para. 32 in force at 8.6.2005 for specified purposes by S.I. 2005/1444, art. 2(1), Sch. 1
I8Sch. 10 para. 32 in force at 24.7.2005 in so far as not already in force by S.I. 2005/1909, art. 2, Sch.
F433E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 10 para. 33 omitted (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(g)