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Changes over time for: Paragraph 5
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Status:
Point in time view as at 01/01/2013.
Changes to legislation:
Finance Act 2003, Paragraph 5 is up to date with all changes known to be in force on or before 24 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes to Legislation
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5U.K.In Schedule 13 to the Finance Act 1999 (c. 16) (stamp duty: instruments chargeable and rates of duty), in Part 1 (conveyance or transfer on sale), in paragraph 1 (stamp duty charge), after sub-paragraph (2) insert—
“(3)Sub-paragraph (1) is subject to sub-paragraphs (4) to (6).
(4)Where a company acquires any shares in itself by virtue of section 162 of the Companies Act 1985 (power of company to purchase own shares) or otherwise, sub-paragraph (1) does not apply to any instrument by which the shares are transferred to the company.
(5)Where a company holds any shares in itself by virtue of section 162A of that Act (treasury shares) or otherwise, any instrument to which sub-paragraph (6) applies is to be treated for the purposes of this Schedule as a conveyance otherwise than on sale, and paragraph 16 applies accordingly.
(6)This sub-paragraph applies to any instrument for the sale or transfer of any of the shares by the company, other than an instrument which, in the absence of sub-paragraph (5), would be an instrument in relation to which—
(a)section 67(2) of the Finance Act 1986 (transfer to person whose business is issuing depositary receipts etc), or
(b)section 70(2) of that Act (transfer to person who provides clearance services etc),
applied.”.
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