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The Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2012

S.I. 2012/2395 · Made 17 September 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Stamp Duty Land Tax

Made 17th September 2012

Laid before the House of Commons 18th September 2012

Coming into force 1st November 2012

The Treasury, in exercise of the powers conferred by sections 306(1)(a) and (b) and 318 of the Finance Act 2004f1, make the following Regulations.

Annotations to the whole text

Footnotes

f1

2004 c. 12.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Principal Regulations
  3. 3Amendment of the Principal Regulations
  4. 4Amendment of the Principal Regulations
  5. 5Amendment of the Principal Regulations
  6. 6Amendment of the Principal Regulations
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2012 and come into force on 1st November 2012.

(2)

In these Regulations—

  • “the principal Regulations” means the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005f1.

2Amendment of the Principal Regulations

The principal Regulations are amended as follows.

3Amendment of the Principal Regulations

For regulation 1(2) of the principal Regulations substitute—

“(2)

In these Regulations—

  • “chargeable interests” has the meaning given by section 48 of the Finance Act 2003f1;

  • “partnership” has the meaning given by paragraph 1 of Schedule 15 to the Finance Act 2003;

  • “settlement” has the meaning given by paragraph 1 of Schedule 16 to the Finance Act 2003.”.

4Amendment of the Principal Regulations

For regulation 1(3) of the principal Regulations substitute —

“(3)

For the purposes of these Regulations, section 1122 of the Corporation Tax Act 2010f1 applies to determine whether persons are connected.”.

5Amendment of the Principal Regulations

(1)

For regulation 2 (prescribed description of arrangements in relation to stamp duty land tax)f1 of the principal Regulations substitute—

“2.
(1)

For the purposes of Part 7 of the Finance Act 2004 (disclosure of tax avoidance schemes) the arrangements specified in paragraph (2) are prescribed in relation to stamp duty land tax.

(2)

The arrangements are those which involve the acquisition of chargeable interests.

(3)

Subject to paragraph (4) below, arrangements are excepted from disclosure under this regulation if—

(a)

they are excluded by virtue of the provisions in the Schedule to these Regulations; or

(b)

they are of the same, or substantially the same, description as arrangements which were first made available for implementation before 1st April 2010.

(4)

Arrangements are not excepted from disclosure under paragraph (3)(b) above where—

(a)

a chargeable interest is acquired under a contract, the substantial performance or completion of which falls to be disregarded under section 45(3) of the Finance Act 2003, and

(b)

the secondary contract referred to in section 45(3) of the Finance Act 2003 arises from a transaction with one or more of these features—

(i)

a distribution in specie;

(ii)

an acquisition by a partnership;

(iii)

an acquisition by a settlement;

(iv)

an element of gift or transfer at an undervalue;

(v)

the grant of an option;

(vi)

an assignment or novation.

(5)

In paragraph (4)(b) above a distribution in specie means a distribution of an asset in physical form without selling it and distributing the proceeds of sale.”.

6Amendment of the Principal Regulations

In the Schedule to the principal Regulations (excluded arrangements), for paragraph (a) in Step B: Claims to relief, substitute—

“(a)

a single claim to relief under any of the following provisions of the Finance Act 2003—

(i)

section 57Af1 (sale and leaseback arrangements);

(ii)

section 58Bf2 (relief for new zero-carbon homes);

(iii)

section 58C(c) (relief for new zero-carbon homes: supplemental);

(iv)

section 60 (compulsory purchase facilitating development);

(v)

section 61f3 (compliance with planning obligation);

(vi)

section 63 (demutualisation of insurance company);

(vii)

section 64 (demutualisation of building society);

(viii)

section 65 (incorporation of limited liability partnership);

(ix)

section 66f4 (transfers involving public bodies);

(x)

section 67 (transfer in consequence of reorganisation of parliamentary constituencies);

(xi)

section 69 (acquisition by bodies for national purposes);

(xii)

section 71f5 (certain acquisitions by registered social landlords);

(xiii)

section 74f6 (collective enfranchisement by leaseholders);

(xiv)

section 75 (crofting community right to buy);

(xv)

Schedule 6f7 (disadvantaged areas relief);

(xvi)

Schedule 6Af8 (relief for certain acquisitions of residential property);

(xvii)

Schedule 6Bf9 (transfers involving multiple dwellings);

(xviii)

Schedule 7f10 (group relief and reconstruction acquisition relief);

(xix)

Schedule 8f11 (charities relief);

(xx)

Schedule 9f12 (right to buy, shared ownership leases etc); or

(aa)

a single claim to relief under Schedule 61 to Finance Act 2009f13 (alternative finance investment bonds); or”.

Signature

Michael Fabricant

James Duddridge

Two of the Lords Commissioners of Her Majesty’s Treasury

17th September 2012

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005 (S.I. 2005/1868) (“the principal regulations”), which prescribe descriptions of schemes that have to be notified to HMRC under Part 7 of the Finance Act 2004 (c.12).

Regulation 3 substitutes a new regulation 1(2) of the principal regulations to remove the monetary limits for notifying schemes.

Regulation 4 substitutes a new regulation 1(3) of the principal regulations to substitute section 1122 of the Corporation Tax Act 2010 (2004 c. 4) for section 839 of the Income and Corporation Taxes Act 1988 (1988 c.1).

Regulations 5 and 6 substitute a new regulation 2 of and amend the Schedule to the principal regulations, to make exceptions to the rules specifying that certain schemes need not be reported and to amend the table of claims to relief which are excluded from being prescribed arrangements.

A Tax Information and Impact Note covering this Instrument was published in December 2011 alongside the draft Finance Bill. This will be updated as a result of changes to the impacts as a result of this instrument and will be available on the HMRC website at http://www.hmrc.gov.uk/thelibrary/tiins.htm.