SCHEDULES

[F1SCHEDULE 4ZAU.K.Stamp duty land tax: higher rates for additional dwellings and dwellings purchased by companies

Textual Amendments

F1Sch. 4ZA inserted (with effect in accordance with s. 128(5)(6) of the amending Act) by Finance Act 2016 (c. 24), s. 128(3) (with s. 128(9)(10))

Modifications etc. (not altering text)

C1Sch. 4ZA modified (temp.) (22.7.2020) by Stamp Duty Land Tax (Temporary Relief) Act 2020 (c. 15), s. 1 (as amended 10.6.2021) by 2021 c. 26, s. 87(2))

PART 2U.K.Meaning of “higher rates transaction”

Multiple dwelling transactionsU.K.

5(1)A chargeable transaction falls within this paragraph if—U.K.

(a)the purchaser is an individual,

(b)the main subject-matter of the transaction consists of a major interest in two or more dwellings (“the purchased dwellings”), and

(c)at least two of the purchased dwellings meet conditions A, B and C.

(2)A purchased dwelling meets condition A if the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to the purchased dwelling is £40,000 or more.

(3)A purchased dwelling meets condition B if on the effective date of the transaction the purchased dwelling—

(a)is not subject to a lease upon which the main subject-matter of the transaction is reversionary, or

(b)is subject to such a lease but the lease has an unexpired term of no more than 21 years.

(4)A purchased dwelling meets condition C if it is not subsidiary to any of the other purchased dwellings.

(5)One of the purchased dwellings (“dwelling A”) is subsidiary to another of the purchased dwellings (“dwelling B”) if—

(a)dwelling A is situated within the grounds of, or within the same building as, dwelling B, and

(b)the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to dwelling B is equal to, or greater than, two thirds of the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to the following combined—

(i)dwelling A,

(ii)dwelling B, and

(iii)each of the other purchased dwellings (if any) which are situated within the grounds of, or within the same building as, dwelling B.

6(1)A chargeable transaction falls within this paragraph if—U.K.

(a)the purchaser is an individual,

(b)the main subject-matter of the transaction consists of a major interest in two or more dwellings (“the purchased dwellings”),

(c)only one of the purchased dwellings meets conditions A, B and C,

(d)the purchased dwelling which meets those conditions is not a replacement for the purchaser's only or main residence, and

(e)at the end of the day that is the effective date of the transaction—

(i)the purchaser has a major interest in a dwelling other than one of the purchased dwellings,

(ii)that interest has a market value of £40,000 or more, and

(iii)that interest is not reversionary on a lease which has an unexpired term of more than 21 years.

[F2(1A)But sub-paragraph (1) is subject to paragraph 7A.]

(2)Sub-paragraphs (2) to (5) of paragraph 5 apply for the purposes of sub-paragraph (1)(c) of this paragraph as they apply for the purposes of sub-paragraph (1)(c) of that paragraph.

(3)Sub-paragraphs (6) [F3to (8)] of paragraph 3 apply for the purposes of sub-paragraph (1)(d) of this paragraph as they apply for the purposes of sub-paragraph (5) of that paragraph.

Textual Amendments

F2Sch. 4ZA para. 6(1A) inserted (with effect in accordance with Sch. 11 para. 16(1)-(3) of the amending Act) by Finance Act 2018 (c. 3), Sch. 11 para. 9(a)

F3Words in Sch. 4ZA para. 6(3) substituted (with effect in accordance with Sch. 11 para. 16(1)-(3) of the amending Act) by Finance Act 2018 (c. 3), Sch. 11 para. 9(b)

7(1)A chargeable transaction falls within this paragraph if—U.K.

(a)the purchaser is not an individual,

(b)the main subject-matter of the transaction consists of a major interest in two or more dwellings (“the purchased dwellings”), and

(c)at least one of the purchased dwellings meets conditions A and B.

(2)Sub-paragraphs (2) and (3) of paragraph 5 apply for the purposes of sub-paragraph (1)(c) of this paragraph as they apply for the purposes of sub-paragraph (1)(c) of that paragraph.]