Finance Act 2003 (c. 14)

Part 4 U.K. Stamp duty land tax

Modifications etc. (not altering text)

C1 Pt. 4 construed as one with S.I. 2006/575, reg. 43 (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 43(4)

C2 Pt. 4 modified (coming into force at 2 p.m. on 6.12.2006) by The Stamp Duty Land Tax (Variation of the Finance Act 2003) Regulations 2006 (S.I. 2006/3237), regs. 1, 2, Sch.

Chargeable interests, chargeable transactions and chargeable consideration U.K.

48 Chargeable interests U.K.

(1) In this Part “chargeable interest” means—

(a) an estate, interest, right or power in or over land in [F1 England and Wales or Northern Ireland] , or

(b) the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power,

other than an exempt interest.

(2) The following are exempt interests—

(a) any security interest;

(b) a licence to use or occupy land;

(c) F2 ...—

(i) a tenancy at will;

(ii) an advowson, franchise or manor.

(3) In subsection (2)—

(a) “security interest” means an interest or right (other than a rentcharge) held for the purpose of securing the payment of money or the performance of any other obligation; and

(b) “franchise” means a grant from the Crown such as the right to hold a market or fair, or the right to take tolls.

[F3 (3A) Section 73B makes additional provision about exempt interests in relation to alternative finance arrangements.]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Treasury may by regulations provide that any other description of interest or right in relation to land in [F5 England and Wales or Northern Ireland] is an exempt interest.

(6) The regulations may contain such supplementary, incidental and transitional provision as appears to the Treasury to be appropriate.

[F6 (7) This section has effect subject to subsection (3) of section 44A (contract and conveyance to third party) [F7 and to paragraph 15A of Schedule 17A (reduction of rent or term of lease)].]

Textual Amendments

F1 Words in s. 48(1)(a) substituted (with effect in accordance with s. 29(4) of the amending Act) by Scotland Act 2012 (c. 11), ss. 29(2), (3)(b) (with s. 29(5)(6)); S.I. 2015/637, art. 2

F2 Words in s. 48(2)(c) omitted (with effect in accordance with s. 29(4) of the amending Act) by virtue of Scotland Act 2012 (c. 11), s. 44(2)(b)(3)(b), Sch. 3 para. 4(a) (with s. 29(5)(6)); S.I. 2015/637, art. 2

F3 S. 48(3A) inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 75(2)

F4 S. 48(4) omitted (with effect in accordance with s. 29(4) of the amending Act) by virtue of Scotland Act 2012 (c. 11), s. 44(2)(b)(3)(b), Sch. 3 para. 4(b) (with s. 29(5)(6)); S.I. 2015/637, art. 2

F5 Words in s. 48(5) substituted (with effect in accordance with s. 29(4) of the amending Act) by Scotland Act 2012 (c. 11), s. 44(2)(b)(3)(b), Sch. 3 para. 4(c) (with s. 29(5)(6)); S.I. 2015/637, art. 2

F6 S. 48(7) inserted (with effect in accordance with Sch. 39 para. 13(1) of the amending Act) by Finance Act 2004 (c. 12), Sch. 39 para. 4(2)

F7 Words in s. 48(7) inserted (with effect in accordance with s. 297(9) of the amending Act) by Finance Act 2004 (c. 12), s. 297(3)

Commencement Information

I1 Pt. 4 wholly in force at Royal Assent subject to Sch. 19, see s. 124, Sch. 19 para. 1(1)