(1)An agreement for a lease or tack, or with respect to the letting of any lands, tenements, or heritable subjects for any term . . . F1, or for any indefinite term, is to be charged with the same duty as if it were an actual lease or tack made for the term and consideration mentioned in the agreement.
[F2(2)Where duty has been duly paid on an agreement for a lease or tack and, subsequent to that agreement, a lease or tack is granted which either—
(a)is in conformity with the agreement, or
(b)relates to substantially the same property and term as the agreement,
then the duty which would otherwise be charged on the lease or tack shall be reduced (or, as the case may be, extinguished) by the deduction therefrom of the duty paid on the agreement.]
Textual Amendments
F1Words repealed by Finance Act 1984 (c. 43, SIF 114), s. 111(1)(5), Sch. 23 Pt. X
F2S. 75 (2) substituted by Finance Act 1984 (c. 43, SIF 114), s. 111(1)(5)
Modifications etc. (not altering text)
C1S. 75 amended by Finance Act 1963 (c. 25), s. 56(3)
Textual Amendments
F3Ss. 76, 77(3)(4), 78 repealed by Finance Act 1963 (c. 25), Sch. 14 Pt. IV
(1)A lease or tack, or agreement for a lease or tack, or with respect to any letting, is not to be charged with any duty in respect of any penal rent, or increased rent in the nature of a penal rent, thereby reserved or agreed to be reserved or made payable, or by reason of being made in consideration of the surrender or abandonment of any existing lease, tack, or agreement, or of relating to the same subject matter.
(2)A lease made for any consideration in respect whereof it is chargeable with ad valorem duty, and in further consideration either of a covenant by the lessee to make, or of his having previously made, any substantial improvement of or addition to the property demised to him, or of any covenant relating to the matter of the lease, is not to be charged with any duty in respect of such further consideration.
(3),(4) . . . F4
(5)An instrument whereby the rent reserved by any other instrument chargeable with duty and duly stamped as a lease or tack is increased is not to be charged with duty otherwise than as a lease or tack in consideration of the additional rent thereby made payable.
Textual Amendments
F4Ss. 76, 77(3)(4), 78 repealed by Finance Act 1963 (c. 25), Sch. 14 Pt. IV
Modifications etc. (not altering text)
C2S. 77(2) excluded by Revenue Act 1909 (c. 43), s. 8
Textual Amendments
F5Ss. 76, 77(3)(4), 78 repealed by Finance Act 1963 (c. 25), Sch. 14 Pt. IV
Textual Amendments
F6Ss. 79, 80 repealed by Finance Act 1949 (c. 47), Sch. 11 Pt. V
Textual Amendments
F7S. 81 repealed by Finance Act 1917 (c. 31), s. 30(2)