Finance Act 2008

Section 94

SCHEDULE 30 E+W+S+N.I. Stamp duty land tax: notification etc: consequential provision

FA 2003 E+W+S+N.I.

1 Part 4 of FA 2003 (stamp duty land tax) is amended as follows. E+W+S+N.I.

2 (1) Section 79 (registration of land transactions) is amended as follows. E+W+S+N.I.

(2) In subsection (3), omit the word “either”, paragraph (b) and the word “or” before it.

(3) For subsection (5) substitute—

“(5) Part 2 of Schedule 11 imposes a duty to keep and preserve records in respect of transactions that are not notifiable.”

(4) In subsection (6)(a), omit “or self-certificates”.

3 In section 81B(1) (declaration by person authorised to act on behalf of individual), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”. E+W+S+N.I.

4 (1) Section 103 (joint purchasers) is amended as follows. E+W+S+N.I.

(2) In subsection (4), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”.

(3) In subsection (5), omit “or self-certificate”.

5 (1) Section 122 (index of defined expressions) is amended as follows. E+W+S+N.I.

(2) In the entry for “closure notice”, omit “Schedule 11, paragraph 16(1) (in relation to a self-certificate)”.

(3) In the entry for “notice of enquiry”, omit “Schedule 11, paragraph 7(1) (in relation to a self-certificate)”.

(4) In the entry for “notifiable (in relation to a land transaction)”, after “72A(7)” insert “ and paragraph 30 of Schedule 15 ”.

(5) Omit the entry for “self-certificate”.

6 In Part 4 of Schedule 6 (SDLT: disadvantaged areas relief), in paragraph 13, for “section 77 (which specifies” substitute “ sections 77 and 77A (which specify ”. E+W+S+N.I.

7 In paragraph 36 of Schedule 10 (notice of appeal), in sub-paragraph (5A)(d), for “one for which a self-certificate is due” substitute “ not notifiable ”. E+W+S+N.I.

8 Omit Part 1 of Schedule 11 (SDLT: self-certificates). E+W+S+N.I.

9 (1) In Part 2 of that Schedule (duty to keep and preserve records), paragraph 4 is amended as follows. E+W+S+N.I.

(2) Before sub-paragraph (1) insert—

“(A1) This paragraph applies where a transaction is not notifiable, unless the transaction is a transaction treated as taking place under a provision listed in section 79(2)(a) to (d).”

(3) In sub-paragraph (1)—

(a) for “A purchaser who may be required to give a self-certificate” substitute “ The purchaser ”, and

(b) in paragraph (a), for “to deliver a correct and complete certificate” substitute “ to demonstrate that the transaction is not notifiable ”.

(4) In sub-paragraph (2), omit the words from “and” to the end.

10 Omit Part 3 of that Schedule (enquiry into self-certificate). E+W+S+N.I.

11 Accordingly, in the heading to Schedule 11, for “self-certificates” substitute “ record-keeping where transaction is not notifiable ”. E+W+S+N.I.

12 In Schedule 15 (SDLT: partnerships), in paragraph 8(2), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”. E+W+S+N.I.

13 (1) In Schedule 16 (SDLT: trusts and powers), paragraph 6 is amended as follows. E+W+S+N.I.

(2) In sub-paragraphs (1) and (3), omit “or self-certificate”.

(3) In sub-paragraph (2), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”.

14 In Schedule 17A (SDLT: further provisions relating to leases), in paragraphs 3(2) and (5) and 4(1) and (4A), for “section 77” substitute “ sections 77 and 77A ”. E+W+S+N.I.

FA 2007 E+W+S+N.I.

15 In consequence of the preceding provisions of this Schedule, omit section 81 of FA 2007. E+W+S+N.I.