88[F1Special cases.]U.K.
(1)An instrument on which stamp duty is not chargeable by virtue of —
[F2(aa)section 65(1) of the M1Finance Act 1963 (renounceable letters of allotment etc),
(ab)section 14(1) of the M2Finance Act (Northern Ireland) 1963 (renounceable letters of allotment etc.),]
(a)section 127(1) of the Finance Act 1976 M3 (transfer to stock exchange nominee), or
(b)section 84(2) or (3) above,
shall be disregarded in construing [F3section 92(1A) and (1B) below].
[F4(1A)An instrument on which stamp duty is not chargeable by virtue of section 186 of the Finance Act 1996 (transfers of securities to members of electronic transfer systems etc) shall be disregarded in construing [F3section 92(1A) and (1B) below] unless—
(a)the transfer is made by a stock exchange nominee; and
(b)the maximum stamp duty chargeable on the instrument, apart from section 186 of the Finance Act 1996, would be 50p;
and in this subsection “stock exchange nominee” means a person designated for the purposes of section 127 of the M4Finance Act 1976 as a nominee of The Stock Exchange by an order made by the Secretary of State under subsection (5) of that section.]
[F5(1B)An instrument on which stamp duty is not chargeable by virtue of section 42 of the M5Finance Act 1930 or section 11 of the M6Finance Act (Northern Ireland) 1954 (transfer between associated bodies corporate) shall be disregarded in construing [F3section 92(1A) and (1B) below] in any case where—
(a)the property mentioned in section 42(2)(a) of the Finance Act 1930 or, as the case may be, section 11(2)(a) of the Finance Act (Northern Ireland) 1954 consists of [F6or includes] chargeable securities of any particular kind acquired in the period of two years ending with the day on which the instrument was executed; and
(b)the body corporate from which the conveyance or transfer there mentioned is effected acquired [F7any of those chargeable securities]—
(i)in a transaction which was given effect by an instrument of transfer on which stamp duty was not chargeable by virtue of section [F880A] above;
(ii)in pursuance of an agreement to transfer securities as regards which section 87 above did not apply by virtue of section [F988A] below; F10. . .
[F11(iia)in pursuance of an agreement to transfer securities which was made for the purpose of performing the obligation to transfer chargeable securities described in section 89AA(1)(a) below and as regards which section 87 above did not apply by virtue of section 89AA(2) below; or]
(iii)in circumstances with regard to which the charge to stamp duty or stamp duty reserve tax was treated as not arising by virtue of regulations under section 116 or 117 of the M7Finance Act 1991.]
[F12(1C)Where—
(a)there is an arrangement falling within subsection (1) of section 80C above (stamp duty relief for transfers in accordance with certain arrangements for B to transfer stock to A or his nominee and for A or his nominee to transfer stock of the same kind and amount back to B or his nominee), and
(b)under the arrangement stock is transferred to A or his nominee by an instrument on which stamp duty is not chargeable by virtue only of section 80C(2) above, but
(c)it becomes apparent that stock of the same kind or amount will not be transferred to B or his nominee by A or his nominee in accordance with the arrangement,
the instrument shall be disregarded in construing section 92(1A) and (1B) below.
(1D)Where—
(a)an instrument transferring stock in accordance with an arrangement is stamped under section 80C(5) above, but
(b)the instrument should not have been so stamped because the arrangement fell within section 80C(4)(a) or (b) above, and
(c)apart from section 80C above stamp duty would have been chargeable on the instrument,
the instrument shall be deemed to be duly stamped under section 80C(5) above, but shall be disregarded in construing section 92(1A) and (1B) below.]
(2)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14[F15(4)If chargeable securities cannot (apart from this subsection) be identified for the purposes of subsection (1B) above, securities shall be taken as follows, that is to say, securities of the same kind acquired later in the period of two years there mentioned (and not taken for the purposes of that subsection in relation to an earlier instrument) shall be taken before securities acquired earlier in that period.
(5)If, in the case of an agreement (or of two or more agreements between the same parties) to transfer chargeable securities—
(a)the conditions in section 92(1A) and (1B) below are not satisfied by virtue only of the application of subsection (1B) above in relation to the instrument (or any one or more of the two or more instruments) in question, but
(b)not all of the chargeable securities falling to be regarded for the purposes of that subsection as transferred by the instrument (or by the two or more instruments between them) were acquired as mentioned in paragraphs (a) and (b) of that subsection,
stamp duty reserve tax shall be repaid or cancelled under section 92 below in accordance with subsection (5A) below.
(5A)Any repayment or cancellation of tax falling to be made by virtue of subsection (5) above shall be determined as if (without prejudice to section 87(7A) above) there had, instead of the agreement (or the two or more agreements) in question been—
(a)a separate agreement (or two or more separate agreements) relating to such of the securities as were acquired as mentioned in paragraphs (a) and (b) of subsection (1B) above, and
(b)a single separate agreement relating to such of the securities as do not fall within those paragraphs,
and as if the instrument in question (or the two or more instruments in question between them) had related only to such of the securities as do not fall within those paragraphs.]
(6)Where a person enters into an agreement for securities to be transferred to him or his nominee, the securities shall be treated for the purposes of subsections (1B)(a) and (4) above as acquired by that person at the time when he enters into the agreement, unless the agreement is conditional, in which case they shall be taken to be acquired by him when the condition is satisfied.]
Textual Amendments
F1S. 88 sidenote substituted by Finance Act 1997 (c. 16) {s. 106(7)}
F2S. 88(1)(aa)(ab) inserted (with effect in accordance with s. 188(5) of the amending Act) by Finance Act 1996 (c. 8), s. 188(2)
F3Words in s. 88(1) substituted (with effect in accordance with s. 192(6) of the amending Act) by Finance Act 1996 (c. 8), s. 192(2)
F4S. 88(1A) inserted (with effect in accordance with s. 189(2) of the amending Act) by Finance Act 1996 (c. 8), s. 189(1)
F5S. 88(1B) inserted (with effect in accordance with s. 190(3) of the amending Act) by Finance Act 1996 (c. 8), s. 190(1)
F6Words in s. 88(1B)(a) inserted (with effect in accordance with s. 106(10) of the amending Act) by Finance Act 1997 (c. 16 {s. 106(5)(a)}
F7Words in s. 88(1B)(b) substituted (with effect in accordance with s. 106(10) of the amending Act) by Finance Act 1997 (c. 16 {s. 106(5)(b)}
F8Word in s. 88(1B)(b)(i) substituted (with application as mentioned in s. 97(5) of the amending Act) by Finance Act 1997 (c. 16 {s. 97(3)}; S.I. 1997/2428, art. 2(2)
F9Word in s. 88(1B)(b)(ii) substituted (with application as mentioned in s. 102(5)(6) of the amending Act) by Finance Act 1997 (c. 16 {s. 102(3)}; S.I. 1997/2428, art. 2(2)
F10Word in s. 88(1B)(b)(ii) repealed (with effect in accordance with s. 106(10) of the amending Act) by Finance Act 1997 (c. 16), ss. 106(5)(c), 113, Sch. 18 Pt. 7
F11S. 88(1B)(b)(iia) substituted (with application as mentioned in s. 106(6)(8) of the amending Act) by Finance Act 1997 (c. 16 {s. 103(3)}; S.I. 1997/2428, art. 2(2)
F12S. 88(1C)(1D) inserted (with effect in accordance with s. 106(7) of the amending Act) by Finance Act 1997 (c. 16 {s. 103(4)}
F13S. 88(2)(3) repealed (with effect in accordance with s. 188(5) of the amending Act) by Finance Act 1996 (c. 8), ss. 188(3), 205, Sch. 41 Pt. 7
F14S. 88(4)-(6) added (with effect in accordance with s. 190(3) of the amending Act) by Finance Act 1996 (c. 8), s. 190(2)
F15S. 88(4)-(5A) substituted for s. 88(4)(5) (with effect in accordance with s. 106(10) of the amending Act) by Finance Act 1997 (c. 16 {s. 106(6)}
Marginal Citations