A transfers or grants to B a major interest in land (the “sale”), and

out of that interest B grants a lease to A (the “leaseback”).

that the sale transaction is entered into wholly or partly in consideration of the leaseback transaction being entered into,

that the sale transaction is entered into wholly or partly in consideration of the leaseback transaction being entered into,

that the only other consideration (if any) for the sale is the payment of money or the assumption, satisfaction or release of a debt (or both),

that the sale is not a transfer of rights within the meaning of section 45 (contract and conveyance: effect of transfer of rights) or 45A (contract providing for conveyance to third party: effect of transfer of rights), and

where A and B are both bodies corporate at the effective date of the leaseback transaction, that they are not members of the same group for the purposes of group relief (see paragraph 1 of Schedule 7) at that date.

where A and B are both bodies corporate at the effective date of the leaseback transaction, that they are not members of the same group for the purposes of group relief (see paragraph 1 of Schedule 7) at that date.

a building, or a part of a building, is a dwelling if it is constructed for use as a single dwelling, and

“first acquisition”, in relation to a dwelling, means its acquisition when it has not previously been occupied.

consumption of energy,

conservation of energy, and

generation of energy.

exemption from charge, or

a reduction in the amount of tax chargeable.

substitute a later date for the date in subsection (6);

make transitional provision, or provide savings, in connection with the effect of subsection (6).

shall include provision about the method of claiming relief (including documents or information to be provided), and

in particular, shall include provision about the evidence to be adduced to show that a F42dwelling satisfies the definition of “zero-carbon home”.

refer to a scheme or process established by or for the purposes of an enactment about building;

establish or provide for the establishment of a scheme or process of certification;

specify, or provide for the approval of, one or more schemes or processes for certifying energy efficiency.

by features of the F44building which, or part of which, constitutes the dwelling, or

by other installations or utilities.

may provide for relief to be wholly or partly withdrawn if a dwelling ceases to be a zero-carbon home, and

may provide for the reduction or withholding of relief where a person acquires more than one zero-carbon home within a specified period.

in relation to England and Wales or Scotland, the acquisition by a person of a chargeable interest in respect of which that person has made a compulsory purchase order for the purpose of facilitating development by another person;

in relation to Northern Ireland, the acquisition by a person of a chargeable interest by means of a vesting order made for the purpose of facilitating development by a person other than the person who acquires the interest.

in relation to England and Wales, has the same meaning as in the Town and Country Planning Act 1990 (c. 8) (see section 55 of that Act);

in relation to Scotland, has the same meaning as in the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 26 of that Act); and

in relation to Northern Ireland, has the same meaning as in the Planning (Northern Ireland) Order 1991 (1991/1220 (N.I. 11)) (see Article 11 of that Order).

the planning obligation or modification is enforceable against the vendor,

the purchaser is a public authority, and

the transaction takes place within the period of five years beginning with the date on which the planning obligation was entered into or modified.

in relation to England and Wales—

• “planning obligation” means either of the following—

  1. a

     a planning obligation within the meaning of section 106 of the Town and Country Planning Act 1990 that is entered into in accordance with subsection (9) of that section, or

  2. b

     a planning obligation within the meaning of section 299A of that Act that is entered into in accordance with subsection (2) of that section; and

• “modification” of a planning obligation means modification as mentioned in section 106A(1) of that Act;

in relation to Scotland, “planning obligation” means an agreement made under section 75 or section 246 of the Town and Country Planning (Scotland) Act 1997;

in relation to Northern Ireland—

• “planning obligation” means a planning agreement within the meaning of Article 40 of the Planning (Northern Ireland) Order 1991 that is entered into accordance with paragraph (10) of that Article, and

• “modification” of a planning obligation means modification as mentioned in Article 40A(1) of that Order.

it is a transfer of business consisting of the effecting or carrying out of contracts of insurance and takes place under an insurance business transfer scheme, or

members of the mutual,

persons who are entitled to become members of the mutual, or

amend subsection (3) by substituting a lower percentage for the percentage mentioned there;

provide that any or all of the references in subsections (3) and (4) to members shall be construed as references to members of a class specified in the regulations.

is a partner in a partnership comprised of all the persons who are or are to be members of the limited liability partnership (and no-one else), or

holds the interest transferred as nominee or bare trustee for one or more of the partners in such a partnership.

the proportions of the interest transferred to which the persons mentioned in subsection (3)(a) are entitled immediately after the transfer are the same as those to which they were entitled at the relevant time, or

none of the differences in those proportions has arisen as part of a scheme or arrangement of which the main purpose, or one of the main purposes, is avoidance of liability to any duty or tax.

where the transferor acquired the interest after the incorporation of the limited liability partnership, immediately after he acquired it, and

in any other case, immediately before its incorporation.

the transaction is effected by or under a prescribed statutory provision, and

either the purchaser or the vendor is a public body.

the establishment, reform or abolition of one or more public bodies,

the creation, alteration or abolition of functions to be discharged or discharged by one or more public bodies, or

the transfer of functions from one public body to another.

a company in which all the shares are owned by such a body, and

a wholly-owned subsidiary of such a company.

an Order in Council is made under the Parliamentary Constituencies Act 1986 (c. 56) (orders specifying new parliamentary constituencies), and

“the date of the change” means the date on which the order comes into operation;

“former parliamentary constituency” means an area that, for the purposes of parliamentary elections, was a constituency immediately before that date but is no longer such a constituency after that date;

“new parliamentary constituency” means an area that, for the purposes of parliamentary elections, is such a constituency after that date but was not such a constituency immediately before that date.

“existing local constituency association” means a local constituency association whose area was the same, or substantially the same, as the area of a former parliamentary constituency or two or more such constituencies, and

“new association” means a local constituency association whose area is the same, or substantially the same, as that of a new parliamentary constituency or two or more such constituencies.

“local constituency association” means an unincorporated association (whether described as an association, a branch or otherwise) whose primary purpose is to further the aims of a political party in an area that at any time is or was the same or substantially the same as the area of a parliamentary constituency or two or more parliamentary constituencies, and

“related body”, in relation to such an association, means a body (whether corporate or unincorporated) that is an organ of the political party concerned.

the registered social landlord is controlled by its tenants,

the vendor is a qualifying body, or

the transaction is funded with the assistance of a public subsidy.

a registered social landlord,

a housing action trust established under Part 3 of the Housing Act 1988 (c. 50),

a principal council within the meaning of the Local Government Act 1972 (c. 70),

the Common Council of the City of London,

the Scottish Ministers,

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

Scottish Homes,

the Department for Social Development in Northern Ireland, or

the Northern Ireland Housing Executive.

made or given by way of a distribution pursuant to section 25 of the National Lottery etc. Act 1993 (c. 39) (application of money by distributing bodies),

under section 18 of the Housing Act 1996 (c. 52) (social housing grants),

under section 126 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development),

under section 2 of the Housing (Scotland) Act 1988 (c. 43) (general functions of the Scottish Ministers), or

under Article 33 F35or 33A of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)).

the institution purchases a major interest in land or an undivided share of a major interest in land (“the first transaction”),

where the interest purchased is an undivided share, the major interest is held on trust for the institution and the F23person as beneficial tenants in common,

the institution (or the person holding the land on trust as mentioned in paragraph (b)) grants to the F23person out of the major interest a lease (if the major interest is freehold) or a sub-lease (if the major interest is leasehold) (“the second transaction”), and

the institution and the F23person enter into an agreement under which the F23person has a right to require the institution or its successor in title to transfer to the F23person (in one transaction or a series of transactions) the whole interest purchased by the institution under the first transaction.

the F23person, or

another financial institution by whom the interest was acquired under arrangements of the kind mentioned in subsection (1) entered into between it and the F23person.

the provisions of this Part relating to the first and second transactions are complied with, and

as substantially performed unless and until the whole interest purchased by the institution under the first transaction has been transferred (and accordingly section 44(5) does not apply), or

as a distinct land transaction by virtue of section 46 (options and rights of pre-emption).

the F23person enters into the arrangement, or holds the lease or sub-lease, as trustee and any beneficiary of the trust is not F22a person, or

the F23person enters into the arrangements, or holds the lease or sub-lease, as partner and any of the other partners is not F22a person.

purchases a major interest in land (“the first transaction”),

grants to the F23person out of that interest a lease (if the interest acquired is F8the interest of the owner) or a sub-lease (if the interest acquired is F9the tenant's right over or interest in a property subject to a lease) (“the second transaction”), and

enters into an agreement under which the F23person has a right to require the institution F10... to transfer the major interest purchased by the institution under the first transaction.

the F23person, or

another financial institution by whom the interest was acquired under arrangements of the kind mentioned in subsection (1) entered into between it and the F23person.

the provisions of this Part relating to the first and second transactions are complied with, and

as substantially performed unless and until the third transaction is entered into (and accordingly section 44(5) does not apply), or

as a distinct land transaction by virtue of section 46 (options and rights of pre-emption).

the F23person enters into the arrangement, or holds the lease or sub-lease, as trustee and any beneficiary of the trust is not F22a person, or

the F23person enters into the arrangements, or holds the lease or sub-lease, as partner and any of the other partners is not F22a person.

the institution and the F23person purchase a major interest in land as owners in common (“the first transaction”),

the institution and the F23person enter into an agreement under which the F23person has a right to occupy the land exclusively ( “the second transaction”), and

the institution and the F23person enter into an agreement under which the F23person has a right to require the institution to transfer to the F23person (in one transaction or a series of transactions) the whole interest purchased under the first transaction.

the F23person, or

another financial institution by whom the interest was acquired under arrangements of the kind mentioned in subsection (1) entered into between it and the F23person.

the provisions of this Part relating to the first transaction are complied with, and

as substantially performed unless and until the whole interest purchased by the institution under the first transaction has been transferred (and accordingly section 44(5) does not apply), or

as a distinct land transaction by virtue of section 46 (options and rights of pre-emption).

the F23person grants the institution a legal mortgage over that interest.

the F23person concerned, or

another financial institution by whom the interest was acquired under other arrangements of the kind mentioned in F12section 71A(1), 72(1) or 72A(1) entered into between it and the F23person.

the F23person enters into the arrangements as trustee and any beneficiary of the trust is not F22a person, or

the F23person enters into the arrangements as partner and any of the other partners is not F22a person.

In this section “financial institution” has the meaning given by section 46 of the Finance Act 2005 (alternative finance arrangements).

the lease or agreement mentioned in section 71A(1)(c), 72(1)(b) or 72A(1)(b) ceases to have effect, or

the right under section 71A(1)(d), 72(1)(c) or 72A(1)(c) ceases to have effect or becomes subject to a restriction.

the first transaction itself, or

a further transaction or third transaction within the meaning of section 71A(4), 72(4) or 72A(4).

“RTE company” has the meaning given by section 4A of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28);

“flat” has the same meaning as in the Act conferring the right of collective enfranchisement.

a chargeable transaction is entered into in pursuance of the crofting community right to buy, and

under that transaction two or more crofts are being bought.

one person (V) disposes of a chargeable interest and another person (P) acquires either it or a chargeable interest deriving from it,

a number of transactions (including the disposal and acquisition) are involved in connection with the disposal and acquisition (“the scheme transactions”), and

the sum of the amounts of stamp duty land tax payable in respect of the scheme transactions is less than the amount that would be payable on a notional land transaction effecting the acquisition of V's chargeable interest by P on its disposal by V.

a non-land transaction,

an agreement, offer or undertaking not to take specified action,

any kind of arrangement whether or not it could otherwise be described as a transaction, and

a transaction which takes place after the acquisition by P of the chargeable interest.

the acquisition by P of a lease deriving from a freehold owned or formerly owned by V;

a sub-sale to a third person;

the grant of a lease to a third person subject to a right to terminate;

the exercise of a right to terminate a lease or to take some other action;

an agreement not to exercise a right to terminate a lease or to take some other action;

the variation of a right to terminate a lease or to take some other action.

any of the scheme transactions which is a land transaction shall be disregarded for the purposes of this Part, but

there shall be a notional land transaction for the purposes of this Part effecting the acquisition of V's chargeable interest by P on its disposal by V.

given by or on behalf of any one person by way of consideration for the scheme transactions, or

received by or on behalf of V (or a person connected with V within the meaning of section 839 of the Taxes Act 1988) by way of consideration for the scheme transactions.

the last date of completion for the scheme transactions, or

if earlier, the last date on which a contract in respect of the scheme transactions is substantially performed.

sections 71A to 73, or

a provision of Schedule 9.

if or in so far as it forms part of a process, or series of transactions, by which the transfer is effected,

if the transfer of the chargeable interest is conditional on the completion of the transaction, or

if it is of a kind specified in section 75A(3).

the construction of a building on property to which the chargeable interest relates,

the sale or supply of anything other than land, or

a loan to P secured by a mortgage, or any other provision of finance to enable P, or another person, to pay for part of a process, or series of transactions, by which the chargeable interest transfers from V to P.

paragraph (a) is subject to subsection (2)(a) to (c),

paragraph (b) is subject to subsection (2)(a) and (c), and

paragraph (c) is subject to subsection (2)(a) to (c).

an interest in a property-investment partnership (within the meaning of paragraph 14 of Schedule 15) is a chargeable interest in so far as it concerns land owned by the partnership, and

where V or P is a partnership, Part 3 of Schedule 15 applies to the notional transaction as to the transfer of a chargeable interest from or to a partnership.