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Finance Act 2003
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Finance Act 2003, Paragraph 5 is up to date with all changes known to be in force on or before 25 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)This paragraph applies to determine the chargeable consideration where one or more land transactions are entered into by a person as purchaser (alone or jointly) wholly or partly in consideration of one or more other land transactions being entered into by him (alone or jointly) as vendor.U.K.
(2)In this paragraph—
(a)“relevant transaction” means any of those transactions, and
(b)“relevant acquisition” means a relevant transaction entered into as purchaser and “relevant disposal” means a relevant transaction entered into as vendor.
(3)The following rules apply if the subject-matter of any of the relevant transactions is a major interest in land—
(a)where a single relevant acquisition is made, the chargeable consideration for the acquisition is—
(i)the market value of the subject-matter of the acquisition, and
(ii)if the acquisition is the grant of a lease at a rent, that rent;
(b)where two or more relevant acquisitions are made, the chargeable consideration for each relevant acquisition is—
(i)the market value of the subject-matter of that acquisition, and
(ii)if the acquisition is the grant of a lease at a rent, that rent.
(4)The following rules apply if the subject-matter of none of the relevant transactions is a major interest in land—
(a)where a single relevant acquisition is made in consideration of one or more relevant disposals, the chargeable consideration for the acquisition is the amount or value of any chargeable consideration other than the disposal or disposals that is given for the acquisition;
(b)where two or more relevant acquisitions are made in consideration of one or more relevant disposals, the chargeable consideration for each relevant acquisition is the appropriate proportion of the amount or value of any chargeable consideration other than the disposal or disposals that is given for the acquisitions.
(5)For the purposes of sub-paragraph (4)(b) the appropriate proportion is—
where—
MV is the market value of the subject-matter of the acquisition for which the chargeable consideration is being determined, and
TMV is the total market value of the subject-matter of all the relevant acquisitions.
(6)This paragraph has effect subject to—
[F3(7)This paragraph does not apply in a case to which paragraph 17 applies.]
Textual Amendments
F1Words in Sch. 4 para. 5(6) repealed (with effect in accordance with Sch. 39 para. 26 of the amending Act) by Finance Act 2004 (c. 12), Sch. 42 Pt. 4(2) (which amending provision re-enacts, subject to certain changes, a corresponding amendment made by the now revoked Stamp Duty and Stamp Duty Land Tax (Variation of the Finance Act 2003) (No. 2) Regulations 2003 (S.I. 2003/2816), see Sch. 39 para. 14)
F2Sch. 4 para. 5(6) entry omitted (7.4.2004) by virtue of The Stamp Duty Land Tax (Amendment of Part 4 of the Finance Act 2003) Regulations 2004 (S.I. 2004/1069), regs. 1, 4(2)(a)
F3Sch. 4 para. 5(7) added (7.4.2004) by The Stamp Duty Land Tax (Amendment of Part 4 of the Finance Act 2003) Regulations 2004 (S.I. 2004/1069), regs. 1, 4(2)(b)
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