SCHEDULES

SCHEDULE 30Stamp duty land tax: notification etc: consequential provision

Section 94

FA 2003

1

Part 4 of FA 2003 (stamp duty land tax) is amended as follows.

2

1

Section 79 (registration of land transactions) is amended as follows.

2

In subsection (3), omit the word “either”, paragraph (b) and the word “or” before it.

3

For subsection (5) substitute—

5

Part 2 of Schedule 11 imposes a duty to keep and preserve records in respect of transactions that are not notifiable.

4

In subsection (6)(a), omit “or self-certificates”.

3

In section 81B(1) (declaration by person authorised to act on behalf of individual), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”.

4

1

Section 103 (joint purchasers) is amended as follows.

2

In subsection (4), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”.

3

In subsection (5), omit “or self-certificate”.

5

1

Section 122 (index of defined expressions) is amended as follows.

2

In the entry for “closure notice”, omit “Schedule 11, paragraph 16(1) (in relation to a self-certificate)”.

3

In the entry for “notice of enquiry”, omit “Schedule 11, paragraph 7(1) (in relation to a self-certificate)”.

4

In the entry for “notifiable (in relation to a land transaction)”, after “72A(7)” insert “ and paragraph 30 of Schedule 15 ”.

5

Omit the entry for “self-certificate”.

F16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In paragraph 36 of Schedule 10 (notice of appeal), in sub-paragraph (5A)(d), for “one for which a self-certificate is due” substitute “ not notifiable ”.

8

Omit Part 1 of Schedule 11 (SDLT: self-certificates).

9

1

In Part 2 of that Schedule (duty to keep and preserve records), paragraph 4 is amended as follows.

2

Before sub-paragraph (1) insert—

A1

This paragraph applies where a transaction is not notifiable, unless the transaction is a transaction treated as taking place under a provision listed in section 79(2)(a) to (d).

3

In sub-paragraph (1)—

a

for “A purchaser who may be required to give a self-certificate” substitute “ The purchaser ”, and

b

in paragraph (a), for “to deliver a correct and complete certificate” substitute “ to demonstrate that the transaction is not notifiable ”.

4

In sub-paragraph (2), omit the words from “and” to the end.

10

Omit Part 3 of that Schedule (enquiry into self-certificate).

11

Accordingly, in the heading to Schedule 11, for “self-certificates” substitute “ record-keeping where transaction is not notifiable ”.

12

In Schedule 15 (SDLT: partnerships), in paragraph 8(2), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”.

13

1

In Schedule 16 (SDLT: trusts and powers), paragraph 6 is amended as follows.

2

In sub-paragraphs (1) and (3), omit “or self-certificate”.

3

In sub-paragraph (2), omit “or paragraph 2(1)(c) of Schedule 11” and “or self-certificate”.

14

In Schedule 17A (SDLT: further provisions relating to leases), in paragraphs 3(2) and (5) and 4(1) and (4A), for “section 77” substitute “ sections 77 and 77A ”.

FA 2007

15

In consequence of the preceding provisions of this Schedule, omit section 81 of FA 2007.