SCHEDULES

SCHEDULE 19 Stamp duty and stamp duty reserve tax: unit trusts

Part IV General definitions

Schemes not treated as unit trust schemes

15

References in the enactments relating to stamp duty and the enactments relating to stamp duty reserve tax to a unit trust scheme do not include—

a

a common investment scheme under section 22 of the M1Charities Act 1960, section 25 of the M2Charities Act (Northern Ireland) 1964 F2, section 24 of the Charities Act 1993 or section 96 of the Charities Act 2011,

b

a common deposit scheme under section 22A of the Charities Act 1960 F3, section 25 of the Charities Act 1993 or section 100 of the Charities Act 2011, or

c

a unit trust scheme the units in which are under the terms of the trust instrument required to be held only by F1charitable companies or trustees of charitable trusts.

16

References in the enactments relating to stamp duty and the enactments relating to stamp duty reserve tax to a unit trust scheme do not include common investment arrangements made by trustees of exempt approved schemes (within the meaning of section 592(1) of the Taxes Act 1988) solely for the purposes of the schemes.

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1

The Treasury may by regulations provide that any scheme of a description specified in the regulations shall be treated as not being a unit trust scheme for the purposes of the enactments relating to stamp duty and the enactments relating to stamp duty reserve tax.

2

Regulations under this paragraph—

a

may contain such supplementary and transitional provisions as appear to the Treasury to be necessary or expedient, and

b

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

3

This paragraph replaces section 57(1A) and (1B) of the M3Finance Act 1946 and section 28(1A) and (1B) of the M4Finance (No.2) Act (Northern Ireland) 1946.

4

Any regulations having effect under those provisions for the purposes of Part VII of the Finance Act 1946 or Part III of the Finance (No.2) Act (Northern Ireland) 1946 which are in force immediately before the commencement of this Schedule shall have effect as if made under this paragraph.