Finance Act 2003 (c. 14)

SCHEDULES

[F1 SCHEDULE 4A U.K. Stamp duty land tax: higher rate for certain transactions

Textual Amendments

F1 Sch. 4A inserted (with effect in accordance with Sch. 35 para. 10 of the amending Act) by Finance Act 2012 (c. 14), Sch. 35 para. 4

Modifications etc. (not altering text)

C1 Sch. 4A modified (17.7.2013) by Finance Act 2013 (c. 29), Sch. 40 para. 9(3)

C2 Sch. 4A modified (temp.) (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 24 para. 3

[F2 Businesses of letting, trading in or redeveloping properties U.K.

Textual Amendments

F2 Sch. 4A para. 5 substituted (with effect in accordance with Sch. 40 para. 8 of the amending Act) by Finance Act 2013 (c. 29), Sch. 40 para. 2(3)

5 (1) Paragraph 3 does not apply to a chargeable transaction so far as its subject-matter consists of a higher threshold interest that is acquired exclusively for one or more of the following purposes— U.K.

(a) exploitation as a source of rents or other receipts (other than excluded rents) in the course of a qualifying property rental business;

[F3 (aa) use as business premises for the purposes of a qualifying property rental business (other than one which gives rise to income consisting wholly or mainly of excluded rents);

(ab) use for the purposes of a relievable trade;]

[F4 (b) development or redevelopment and—

(i) resale in the course of a property development trade, or

(ii) exploitation falling within paragraph (a) or use falling within paragraph (aa) or (ab);]

(c) resale in the course of a property development trade (in a case where the chargeable transaction is part of a qualifying exchange);

(d) resale (as stock of the business) in the course of a property trading business.

(2) A chargeable interest does not count as being acquired exclusively for one or more of those purposes if it is intended that a non-qualifying individual will be permitted to occupy [F5 a dwelling on the land].

(3) In this paragraph—

• “excluded rents” has the same meaning as in section 133 of the Finance Act 2013;

• “property development trade” means a trade that—

  (a)

  consists of or includes buying and developing or redeveloping for resale residential or non-residential property, and

  (b)

  is run on a commercial basis and with a view to profit;

• “part of a qualifying exchange” is to be construed in accordance with section 139(4) of the Finance Act 2013;

• “property trading business” means a business that—

  (a)

  consists of or includes activities in the nature of a trade of buying and selling dwellings, and

  (b)

  is run on a commercial basis and with a view to profit;

• “qualifying property rental business” has the same meaning as in section 133 of the Finance Act 2013.

• [F6 “relievable trade” means a trade that is run on a commercial basis and with a view to profit.]]]

Textual Amendments

F3 Sch. 4A para. 5(1)(aa)(ab) inserted (with effect in accordance with s. 129(5) of the amending Act) by Finance Act 2016 (c. 24), s. 129(2)(a)(i)

F4 Sch. 4A para. 5(1)(b) substituted (with effect in accordance with s. 129(5) of the amending Act) by Finance Act 2016 (c. 24), s. 129(2)(a)(ii)

F5 Words in Sch. 4A para. 5(2) substituted (with effect in accordance with s. 129(5) of the amending Act) by Finance Act 2016 (c. 24), s. 129(2)(b)

F6 Words in Sch. 4A para. 5(3) inserted (with effect in accordance with s. 129(5) of the amending Act) by Finance Act 2016 (c. 24), s. 129(2)(c)