SCHEDULES

SCHEDULE 35Stamp duty land tax: higher rate for certain transactions

Minor and consequential amendments

6

1

Section 109 (general power to vary Part 4 of FA 2003 by regulations) is amended as follows.

2

After subsection (2) insert—

2A

The power under subsection (2)(b) includes power to alter the conditions for the application to a chargeable transaction of paragraph 3 of Schedule 4A (higher rate for certain transactions), other than the condition that the transaction must be a high-value residential transaction.

3

In subsection (3)—

a

for “subsection (2)(b),” substitute “ subsections (2)(b) and (2A), ”,

b

omit the “or” at the end of paragraph (a), and

c

after that paragraph insert—

aa

section 74(1A) (exercise of collective rights by tenants of flats),

ab

Schedule 4A (amount of tax chargeable: high-value interests in dwellings), or

7

1

Schedule 5 (amount of tax chargeable: rent) is amended as follows.

2

In paragraph 9—

a

in sub-paragraph (4)—

i

after “section 55” insert “ or 74(1A) ”, and

ii

after “Schedule” (in the second place it occurs) insert “ 4A or ”, and

b

in sub-paragraph (5)—

i

for “that section” substitute “ section 55 ”, and

ii

after “Schedule” (in the second place it occurs) insert “ 6B ”.

3

In paragraph 9A(1), for “where there is chargeable consideration other than rent.” substitute

where—

a

there is chargeable consideration other than rent, and

b

section 55 (amount of tax chargeable: general) applies to the transaction (whether as a result of paragraph 2 of Schedule 4A or otherwise).

8

In paragraph 2(4) of Schedule 6B (transfers involving multiple dwellings)—

a

omit the “or” at the end of paragraph (a), and

b

after that paragraph insert—

aa

paragraph 3 of Schedule 4A applies to it, or

9

1

Schedule 15 (partnerships) is amended as follows.

2

In paragraphs 11(2C) and 19(2C), in the substituted sub-paragraph (4)—

a

after “section 55” insert “ or 74(1A) ”, and

b

after “Schedule” (in the second place it occurs) insert “ 4A or ”.

3

In paragraph 30(2)—

a

for “either or both” substitute “ one or more ”, and

b

after paragraph (a) insert—

aa

paragraph 3 of Schedule 4A applies to the transaction;