Acquisition by property trader from individual acquiring new dwellingU.K.
[F12(1)Where a dwelling (“the old dwelling”) is acquired by a property trader from an individual (whether alone or with other individuals), the acquisition is exempt from charge if the following conditions are met.
(2)The conditions are—
(a)that the acquisition is made in the course of a business that consists of or includes acquiring dwellings from individuals who acquire new dwellings from house-building companies,
(b)that the individual (whether alone or with other individuals) acquires a new dwelling from a house-building company,
(c)that the individual—
(i)occupied the old dwelling as his only or main residence at some time in the period of two years ending with the date of its acquisition, and
(ii)intends to occupy the new dwelling as his only or main residence,
(d)that the property trader does not intend—
(i)to spend more than the permitted amount on refurbishment of the old dwelling, or
(ii)to grant a lease or licence of the old dwelling, or
(iii)to permit any of its principals or employees (or any person connected with any of its principals or employees) to occupy the old dwelling, and
(e)that the area of land acquired by the property trader does not exceed the permitted area.
Paragraph (d)(ii) does not apply to the grant of lease or licence to the individual for a period of no more than six months.
(3)Where the conditions in sub-paragraph (2)(a) to (d) are met, but the area of land acquired by the property trader exceeds the permitted area, the chargeable consideration for the acquisition is taken to be the amount calculated by deducting the market value of the permitted area from the market value of the old dwelling.
(4)The provisions of paragraph 1(4) (meaning of “house-building company” etc) also have effect for the purposes of this paragraph.
(5)In this paragraph—
(a)references to the acquisition of a new dwelling are to the acquisition, by way of grant or transfer, of a major interest in the dwelling;
(b)references to the acquisition of the old dwelling are to the acquisition, by way of transfer, of a major interest in the dwelling; and
(c)references to the market value of the old dwelling and of the permitted area are, respectively, to the market value of that major interest in the dwelling and of that interest so far as it relates to that area.]
Textual Amendments
F1Sch. 6A inserted (with effect in accordance with Sch. 39 para. 26 of the amending Act) by Finance Act 2004 (c. 12), Sch. 39 para. 17(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)