SCHEDULES

C1C2SCHEDULE 13 Stamp duty: instruments chargeable and rates of duty

Annotations:
Modifications etc. (not altering text)
C1

Sch. 13 restricted (10.7.2003) by Finance Act 2003 (c. 14), s. 125(1) (with s. 125(8))

C2

Sch. 13 excluded (with effect in accordance with Sch. 24 para. 12(4) of the amending Act) by Finance Act 2014 (c. 26), Sch. 24 para. 5

Part III Other instruments

F2...

Annotations:
Amendments (Textual)
F2

Sch. 13 para. 16 and heading omitted (with effect in accordance with s. 99(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 32 para. 10(3)(a) (with Sch. 32 para. 22(1)(b))

F216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3...

Annotations:
Amendments (Textual)
F3

Sch. 13 para. 17 and heading omitted (with effect in accordance with s. 99(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 32 para. 10(3)(b) (with Sch. 32 para. 22(1)(b))

F317

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dispositions in Scotland

18

1

The following are chargeable with duty as a conveyance on sale—

a

a disposition of heritable property in Scotland to singular successors or purchasers;

b

a disposition of heritable property in Scotland to a purchaser containing a clause declaring all or any part of the purchase money a real burden upon, or affecting, the heritable property thereby disponed, or any part of it;

F1c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duplicate or counterpart

19

F51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The duplicate or counterpart of an instrument chargeable with duty is not duly stamped unless—

a

it is stamped as an original instrument, or

b

it appears by some stamp F9... on it that the full and proper duty has been paid on the original instrument of which it is the duplicate or counterpart.

3

Sub-paragraph (2) does not apply to the counterpart of an instrument chargeable as a lease, if that counterpart is not executed by or on behalf of any lessor or grantor.

Instrument increasing rent

20

1

An instrument (not itself a lease)—

a

by which it is agreed that the rent reserved by a lease should be increased, or

b

which confirms or records any such agreement made otherwise than in writing,

is chargeable with the same duty as if it were a lease in consideration of the additional rent made payable by it.

2

Sub-paragraph (1) does not apply to an instrument giving effect to provision in the lease for periodic review of the rent reserved by it.

Partition or division

21

1

Where on the partition or division of an estate or interest in land consideration exceeding £100 in amount or value is paid or given, or agreed to be paid or given, for equality, the principal or only instrument by which the partition or division is effected is chargeable with the same ad valorem duty as a conveyance on sale for the consideration, and with that duty only.

2

Where there are several instruments for completing the title of either party, the principal instrument is to be ascertained, and the other instruments shall be charged with duty, as provided by sections 58(3) and 61 of the M1Stamp Act 1891 in the case of several instruments of conveyance.

F63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7...

Annotations:
Amendments (Textual)
F7

Sch. 13 para. 22 and heading omitted (with effect in accordance with s. 99(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 32 para. 10(3)(f) (with Sch. 32 para. 22(1)(b))

F722

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8...

Annotations:
Amendments (Textual)
F8

Sch. 13 para. 23 and heading omitted (with effect in accordance with s. 99(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 32 para. 10(3)(g) (with Sch. 32 para. 22(1)(b))

F823

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .