SCHEDULES

Valid from 10/07/2003

SCHEDULE 6U.K.Stamp duty land tax: disadvantaged areas relief

Part 3 U.K.Land partly situated in a disadvantaged area

IntroductionU.K.

7(1)This Part of this Schedule applies to a land transaction if the subject matter of the transaction is a chargeable interest in relation to land that is partly in a disadvantaged area and partly outside such an area.U.K.

(2)References in this Part to the consideration attributable to land situated in a disadvantaged area and to land not so situated (or to the rent or annual rent so attributable) are to the consideration (or rent or annual rent) so attributable on a just and reasonable apportionment.

Land all non-residentialU.K.

8U.K.If all of the land situated in a disadvantaged area is non-residential property, the consideration attributable to the land situated in the disadvantaged area does not count as chargeable consideration.

Land all residentialU.K.

9(1)This paragraph applies where all the land situated in a disadvantaged area is residential property.U.K.

(2)If—

(a)the consideration attributable to land situated in a disadvantaged area does not include rent and the relevant consideration does not exceed £150,000, or

(b)the consideration so attributable consists only of rent and the relevant rental value does not exceed £150,000,

none of the consideration so attributable counts as chargeable consideration.

(3)If the consideration attributable to land situated in a disadvantaged area includes rent and the relevant rental value does not exceed £150,000, the rent so attributable does not count as chargeable consideration.

(4)If the consideration attributable to land in a disadvantaged area includes consideration other than rent (“non-rent consideration”), then—

(a)if—

(i)the annual rent so attributable does not exceed £600, and

(ii)the relevant consideration does not exceed £150,000,

the non-rent consideration so attributable does not count as chargeable consideration;

(b)if the annual rent so attributable exceeds £600, the 0% band in Table A in subsection (2) of section 55 does not apply in relation to the non-rent consideration so attributable and any case that would have fallen within that band is treated as falling within the 1% band.

Land partly non-residential and partly residentialU.K.

10(1)This paragraph applies where the land situated in a disadvantaged area is partly non-residential property and partly residential property.U.K.

References in this paragraph to the consideration attributable to land that is non-residential property or land that is residential property (or to the rent or annual rent so attributable) are to the consideration (or rent or annual rent) attributable to land in a disadvantaged area that is, on a just and reasonable apportionment, so attributable.

(2)The consideration attributable to land that is non-residential property does not count as chargeable consideration.

(3)The following provisions apply in relation to the consideration attributable to land that is residential property.

(4)If—

(a)the consideration so attributable does not include rent and the relevant consideration does not exceed £150,000, or

(b)the consideration so attributable consists only of rent and the relevant rental value does not exceed £150,000,

none of the consideration so attributable counts as chargeable consideration.

(5)If the consideration so attributable includes rent and the relevant rental value does not exceed £150,000, the rent so attributable does not count as chargeable consideration.

(6)If the consideration so attributable includes consideration other than rent, then—

(a)if—

(i)the annual rent so attributable does not exceed £600, and

(ii)the relevant consideration does not exceed £150,000,

the consideration other than rent does not count as chargeable consideration;

(b)if the annual rent so attributable exceeds £600, the 0% band in the Tables in subsection (2) of section 55 does not apply in relation to the consideration other than rent and any case that would have fallen within that band is treated as falling within the 1% band.