Finance (No. 2) Act 2023

Stamp duty land tax

3 (1) Schedule 4A to FA 2003 (stamp duty land tax: higher rate for certain transactions) is modified as follows.

(2) Paragraph 5 (businesses of letting, trading in or redeveloping properties) has effect as if after sub-paragraph (2) there were inserted—

“(2A) In determining whether a chargeable interest has been acquired exclusively for one or more of those purposes, any intention to permit an individual, other than a non-qualifying individual, who is granted entry clearance, or permission to stay, under the Homes for Ukraine Sponsorship Scheme to occupy any dwelling on the land is to be ignored.”

(3) In paragraph 5G (withdrawal of relief allowed under paragraph 5), sub- paragraph (4) has effect as if—

(a) the words from “because of a change of circumstances” to the end become paragraph (a);

(b) after that paragraph there were inserted—

“(b) any dwelling on the land is occupied by an individual granted entry clearance, or permission to stay, under the Homes for Ukraine Sponsorship Scheme, or

(c) the purchaser is taking reasonable steps to ensure that any dwelling on the land will be so occupied without delay (except so far as delay may be justified by commercial considerations or cannot be avoided)”;

(4) Paragraph 9 (interpretation) has effect as if, at the appropriate place, there were inserted—

• ““the Homes for Ukraine Sponsorship Scheme” means the scheme contained in paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme to the immigration rules (within the meaning of the Immigration Act 1971);”.

(5) The modification made by sub-paragraph (2) has effect in relation to any land transaction the effective date of which is in the period—

(a) beginning with 31 March 2022, and

(b) ending with such date as may be specified in regulations made by the Treasury by statutory instrument.

(6) The modifications made by sub-paragraph (3) and (4) have effect in relation to any time in the period mentioned in sub-paragraph (5).