SCHEDULES

SCHEDULE 6Stamp duty land tax: disadvantaged areas relief

Part 2Land wholly situated in a disadvantaged area

3Introduction

This Part of this Schedule applies to a land transaction if the subject matter of the transaction is a chargeable interest in relation to land that is wholly situated in a disadvantaged area.

4Land all non-residential

If all the land is non-residential property, the transaction is exempt from charge.

5Land all residential

1

This paragraph applies where all the land is residential property.

2

If—

a

the consideration for the transaction does not include rent and the relevant consideration does not exceed £150,000, or

b

the consideration for the transaction consists only of rent and the relevant rental value does not exceed £150,000,

the transaction is exempt from charge.

3

If the consideration for the transaction includes rent and the relevant rental value does not exceed £150,000, the rent does not count as chargeable consideration.

4

If the consideration for the transaction includes consideration other than rent, then—

a

if—

i

the annual rent does not exceed £600, and

ii

the relevant consideration does not exceed £150,000,

the consideration other than rent does not count as chargeable consideration;

b

if the annual rent exceeds £600, the 0% band in Table A in subsection (2) of section 55 does not apply in relation to the consideration other than rent and any case that would have fallen within that band is treated as falling within the 1% band.

6Land partly non-residential and partly residential

1

This paragraph applies where the land is partly non-residential property and partly residential property.

References in this paragraph to the consideration attributable to land that is non-residential property or land that is residential property (or to the rent or annual rent so attributable) are to the consideration (or rent or annual rent) so attributable on a just and reasonable apportionment.

2

The consideration attributable to land that is non-residential property does not count as chargeable consideration.

3

The following provisions apply in relation to the consideration attributable to land that is residential property.

4

If—

a

the consideration so attributable does not include rent and the relevant consideration does not exceed £150,000, or

b

the consideration so attributable consists only of rent and the relevant rental value does not exceed £150,000,

none of the consideration so attributable counts as chargeable consideration.

5

If the consideration so attributable includes rent and the relevant rental value does not exceed £150,000, the rent so attributable does not count as chargeable consideration.

6

If the consideration so attributable includes consideration other than rent, then—

a

if—

i

the annual rent so attributable does not exceed £600, and

ii

the relevant consideration does not exceed £150,000,

the consideration other than rent does not count as chargeable consideration;

b

if the annual rent so attributable exceeds £600, the 0% band in the Tables in subsection (2) of section 55 does not apply in relation to the consideration other than rent and any case that would have fallen within that band is treated as falling within the 1% band.