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.
Reliefs
75BF1Anti-avoidance: incidental transactions
1
In calculating the chargeable consideration on the notional transaction for the purposes of section 75A(5), consideration for a transaction shall be ignored if or in so far as the transaction is merely incidental to the transfer of the chargeable interest from V to P.
2
A transaction is not incidental to the transfer of the chargeable interest from V to P—
a
if or in so far as it forms part of a process, or series of transactions, by which the transfer is effected,
b
if the transfer of the chargeable interest is conditional on the completion of the transaction, or
c
if it is of a kind specified in section 75A(3).
3
A transaction may, in particular, be incidental if or in so far as it is undertaken only for a purpose relating to—
a
the construction of a building on property to which the chargeable interest relates,
b
the sale or supply of anything other than land, or
c
a loan to P secured by a mortgage, or any other provision of finance to enable P, or another person, to pay for part of a process, or series of transactions, by which the chargeable interest transfers from V to P.
4
In subsection (3)—
a
paragraph (a) is subject to subsection (2)(a) to (c),
b
paragraph (b) is subject to subsection (2)(a) and (c), and
c
paragraph (c) is subject to subsection (2)(a) to (c).
5
The exclusion required by subsection (1) shall be effected by way of just and reasonable apportionment if necessary.
6
In this section a reference to the transfer of a chargeable interest from V to P includes a reference to a disposal by V of an interest acquired by P.
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)