C1C2Part 4Stamp duty land tax
Pt. 4 modified (coming into force at 2 p.m. on 6.12.2006) by The Stamp Duty Land Tax (Variation of the Finance Act 2003) Regulations 2006 (S.I. 2006/3237), regs. 1, 2, Sch.
Land transactions
43I1Land transactions
1
In this Part a “land transaction” means any acquisition of a chargeable interest. As to the meaning of “chargeable interest” see section 48.
2
Except as otherwise provided, this Part applies however the acquisition is effected, whether by act of the parties, by order of a court or other authority, by or under any statutory provision or by operation of law.
3
For the purposes of this Part—
a
the creation of a chargeable interest is—
i
an acquisition by the person becoming entitled to the interest created, and
ii
a disposal by the person whose interest or right is subject to the interest created;
b
the surrender or release of a chargeable interest is—
i
an acquisition of that interest by any person whose interest or right is benefitted or enlarged by the transaction, and
ii
a disposal by the person ceasing to be entitled to that interest; F1...
c
the variation of a chargeable interest F3(other than a lease) is—
i
an acquisition of a chargeable interest F3(other than a lease) by the person benefitting from the variation, and
ii
a disposal of a chargeable interest F3(other than a lease) by the person whose interest is subject to or limited by the variation.
4
References in this Part to the “purchaser” and “vendor”, in relation to a land transaction, are to the person acquiring and the person disposing of the subject-matter of the transaction.
These expressions apply even if there is no consideration given for the transaction.
5
A person is not treated as a purchaser unless he has given consideration for, or is a party to, the transaction.
6
References in this Part to the subject-matter of a land transaction are to the chargeable interest acquired (the “main subject-matter”), together with any interest or right appurtenant or pertaining to it that is acquired with it.
Pt. 4 construed as one with S.I. 2006/575, reg. 43 (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 43(4)