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Finance Act 1991

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Changes over time for: Section 110

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Version Superseded: 03/05/1994

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110 Stamp duty abolished in certain cases.U.K.

(1)This section applies where—

(a)apart from this section stamp duty under any of the headings mentioned in subsection (3) below would be chargeable on an instrument to which this section applies, and

(b)the condition mentioned in subsection (4) below is fulfilled.

(2)In such a case stamp duty under the heading concerned shall not be chargeable on the instrument.

(3)The headings are the following headings in Schedule 1 to the M1Stamp Act 1891—

(a)the heading “conveyance or transfer on sale;

(b)the heading “conveyance or transfer of any kind not hereinbefore described;

(c)the heading beginning “declaration of any use or trust;

(d)the heading beginning “disposition in Scotland of any property;

(e)the heading “exchange or excambion;

(f)the heading “partition or division;

(g)the heading “release or renunciation of any property, or of any right or interest in any property;

(h)the heading “surrender.

(4)The condition is that the property concerned consists entirely of exempt property; and as regards the heading “exchange or excambion the reference here to the property concerned is to all property subject to any part of the exchange.

(5)For the purposes of this section exempt property is property other than—

(a)land,

(b)an interest in the proceeds of the sale of land held on trust for sale, or

(c)a licence to occupy land.

(6)This section applies to—

(a)an instrument executed in pursuance of a contract made on or after the abolition day;

(b)an instrument which is not executed in pursuance of a contract and is executed on or after the abolition day.

(7)For the purposes of this section the abolition day is such day as may be appointed under section 111(1) of the M2Finance Act 1990 (abolition of stamp duty for securities etc).

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