SCHEDULES

SCHEDULE 35Stamp duty land tax: higher rate for certain transactions

10Application of amendments

1

Except as mentioned in sub-paragraph (2), the amendments made by this Schedule have effect in relation to any land transaction of which the effective date is on or after 21 March 2012.

2

Those amendments do not have effect in relation to any transaction that is—

a

effected in pursuance of a contract entered into and substantially performed before 21 March 2012,

b

effected in pursuance of a contract entered into before that date and not excluded by sub-paragraph (3), or

c

excepted by sub-paragraph (4).

3

A transaction effected in pursuance of a contract entered into before 21 March 2012 is excluded by this sub-paragraph if—

a

there is any variation of the contract, or assignment (or assignation) of rights under the contract, on or after 21 March 2012,

b

the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or

c

on or after that date there is an assignment (or assignation), subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.

4

A transaction treated as occurring under paragraph 17(2) or 17A(4) of Schedule 15 to FA 2003 (partnerships) is excepted by this sub-paragraph if the effective date of the land transfer referred to in sub-paragraph (1)(a) of the paragraph concerned is before 21 March 2012.