Part 2Anti-avoidance and revenue protection

Stamp taxes

55SDLT: partnerships

1

In section 75C of FA 2003 (SDLT anti-avoidance: supplemental)—

a

in subsection (8), omit paragraph (b) (and the “and” before it), and

b

after that subsection insert—

8A

Nothing in Part 3 of Schedule 15 applies to the notional transaction under section 75A.

2

The amendments made by subsection (1) have effect in relation to any notional transaction of which the effective date is on or after 24 March 2010.

3

But those amendments do not have effect in relation to a notional transaction if any scheme transaction is—

a

completed before that date,

b

effected in pursuance of a contract entered into and substantially performed before that date, or

c

effected in pursuance of a contract entered into before that date and not excluded by subsection (4).

4

A scheme transaction effected in pursuance of a contract entered into before 24 March 2010 is excluded by this subsection if—

a

there is any variation of the contract, or assignment (or assignation) of rights under the contract, on or after 24 March 2010,

b

the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or

c

it is a land transaction and on or after that date there is an assignment (or assignation), subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.