Modifications etc. (not altering text)
C1Pt. 4 construed as one with S.I. 2006/575, reg. 43 (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 43(4)
C2Pt. 4 modified (coming into force at 2 p.m. on 6.12.2006) by The Stamp Duty Land Tax (Variation of the Finance Act 2003) Regulations 2006 (S.I. 2006/3237), regs. 1, 2, Sch.
(1)Where relief is withdrawn to any extent under—
[F1(za)paragraph 11 of Schedule 6A (relief for certain acquisitions of residential property),]
(a)Part 1 of Schedule 7 (group relief),
(b)Part 2 of that Schedule (reconstruction or acquisition relief), or
(c)Schedule 8 (charities relief),
the purchaser must deliver a further return before the end of the period of 30 days after the date on which the disqualifying event occurred.
(2)The return must—
(a)include a self-assessment of the amount of tax chargeable, F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(2A)Tax payable must be paid not later than the filing date for the return.]
(3)The provisions of Schedule 10 (returns, assessments and other matters) apply to a return under this section as they apply to a [F4return under section 76 (general requirement to deliver land transaction return)], with the following adaptations—
(a)references to the transaction to which the return relates shall be read as references to the disqualifying event;
(b)references to the effective date of the transaction shall be read as references to the date on which the disqualifying event occurs.
(4)In this section “the disqualifying event” means—
[F5(za)in relation to the withdrawal of relief under Schedule 6A, an event mentioned in paragraph (a), (b) or (c) of paragraph 11(2), (3), (4) or (5) of that Schedule;]
(a)in relation to the withdrawal of group relief, the purchaser ceasing to be a member of the same group as the vendor within the meaning of Part 1 of Schedule 7;
(b)in relation to the withdrawal of reconstruction or acquisition relief, the change of control of the acquiring company mentioned in paragraph 9(1)(a) of Schedule 7 or, as the case may be, the event mentioned in paragraph 11(1)(a) or (2)(a) of that Schedule;
(c)in relation to the withdrawal of charities relief, a disqualifying event as defined in paragraph 2(3) [F6or 3(2)] of Schedule 8.
Textual Amendments
F1S. 81(1)(za) inserted (with effect in accordance with Sch. 39 para. 26 of the amending Act) by Finance Act 2004 (c. 12), Sch. 39 para. 17(3)(a) (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)
F2S. 81(2)(b) and word repealed (with effect in accordance with s. 80(9) of the amending Act) by Finance Act 2007 (c. 11), s. 80(4)(a), Sch. 27 Pt. 4(4)
F3S. 81(2A) inserted (with effect in accordance with s. 80(9) of the amending Act) by Finance Act 2007 (c. 11), s. 80(4)(b)
F4Words in s. 81(3) substituted (with effect in accordance with Sch. 39 para. 26 of the amending Act) by Finance Act 2004 (c. 12), Sch. 39 para. 19(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)
F5S. 81(4)(za) inserted (with effect in accordance with Sch. 39 para. 26 of the amending Act) by Finance Act 2004 (c. 12), Sch. 39 para. 17(3)(b) (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)
F6Words in s. 81(4)(c) inserted (with effect in accordance with s. 302(7) of the amending Act) by Finance Act 2004 (c. 12), s. 302(5)
Commencement Information
I1Pt. 4 wholly in force at Royal Assent subject to Sch. 19, see s. 124, Sch. 19 para. 1(1)