SCHEDULES

SCHEDULE 2Transfer schemes

Stamp duty

I15

1

Stamp duty is not to be chargeable—

a

on a transfer scheme; or

b

on an instrument or agreement certified by the Secretary of State to the Commissioners of Inland Revenue as made for the purposes of a transfer scheme, or as made for purposes connected with such a scheme.

2

But a transfer scheme, or an instrument or agreement so certified, is to be treated as duly stamped only if—

a

in accordance with section 12 of the Stamp Act 1891 (c. 39) it has been stamped with a stamp denoting either that it is not chargeable to duty or that it has been duly stamped; or

b

it is stamped with the duty to which it would be chargeable apart from this paragraph.

5AF1Stamp duty land tax

1

For the purposes of stamp duty land tax, a land transaction effected by, or for the purposes of, or for purposes connected with, a transfer scheme is exempt from charge.

2

Relief under this paragraph must be claimed in a land transaction return or an amendment of such a return.

3

In this paragraph—

  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

  • “land transaction return” has the meaning given by section 76(1) of that Act.