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Coal Act 1943

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This is the original version (as it was originally enacted).

6Stamp duty on alienation of coal to former owner for purposes other than coal mining

(1)Where, under subsection (3) of section seventeen of the principal Act (which permits the Commission to alienate coal or a mine of coal for purposes other than coal mining or coal of small value), the Commission alienate any coal or mine of coal for a freehold interest, then if the Commission certify that the person to whom the coal or mine is alienated would in their opinion have been entitled, but for the passing of the principal Act, to any interest therein acquired by the Commission under that Act, stamp duty in respect of the alienation shall be chargeable only on the amount, if any, by which the value of the interest for which the coal or mine is alienated appears to the Commissioners of Inland Revenue to exceed the value of the interest specified in the certificate :

Provided that no instrument which is unstamped or which would, apart from this section, be insufficiently stamped, shall be deemed by virtue of this section to be duly stamped unless it has in accordance with the provisions of section twelve of the Stamp Act, 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped, as the case may be.

(2)For the purpose of the foregoing subsection, the value of the interest specified in the certificate shall be taken to be the value which that interest would have had at the date of the alienation, having regard to any dispositions or purported dispositions actually made thereof and of any interests to which it was subject immediately before the vesting date, if none of the said interests had been affected by the principal Act.

(3)This section applies to any such alienation whether made before or after the passing of this Act, and any duty overpaid in respect of any alienation made before the passing of this Act as respects which the Commission give a certificate under this section shall be repaid.

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