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House of Commons

Session 2002 - 03 Internet Publications Other Bills before Parliament

Finance Bill

Finance Bill Schedule 4 — Stamp duty land tax: chargeable consideration     159
Provision of services
11       Where the whole or part of the consideration for a land transaction consists
of the provision of services (other than the carrying out of works to which
paragraph 10 applies), the value of that consideration shall be taken to be the
amount that would have to be paid in the open market to obtain those	5
services.
Land transaction entered into by reason of employment
12      (1)      Where a land transaction is entered into by reason of the purchaser’s
employment, or that of a person connected with him, then—
(a)             if the transaction gives rise to a charge to tax under Chapter 5 of Part	10
3 of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (taxable
benefits: living accommodation) and—
(i)                   no rent is payable by the purchaser, or
(ii)                  the rent payable by the purchaser is less than the cash
equivalent of the benefit calculated under section 105 or 106	15
of that Act,
there shall be taken to be payable by the purchaser as rent an amount
equal to the cash equivalent chargeable under those sections;
(b)             if the transaction would give rise to a charge under that Chapter but
for section 99 of that Act (accommodation provided for performance	20
of duties), the consideration for the transaction is the actual
consideration (if any);
(c)             if neither paragraph (a) nor paragraph (b) applies, the consideration
for the transaction shall be taken to be not less than the market value
of the subject-matter of the transaction as at the effective date of the	25
transaction.
(2)      Section 839 of the Taxes Act 1988 (connected persons) has effect for the
purposes of this paragraph.
Obligations under lease
13      (1)      In the case of the grant of a lease none of the following counts as chargeable	30
consideration—
(a)             any undertaking by the tenant to repair, maintain or insure the
demised premises (in Scotland, the leased premises);
(b)             any undertaking by the tenant to pay any amount in respect of
services, repairs, maintenance or insurance or the landlord’s costs of	35
management;
(c)             any other obligation undertaken by the tenant that is not such as to
affect the rent that a tenant would be prepared to pay in the open
market;
(d)             any guarantee of the payment of rent or the performance of any other	40
obligation of the tenant under the lease;
(e)             any penal rent, or increased rent in the nature of a penal rent, payable
in respect of the breach of any obligation of the tenant under the
lease.
Finance Bill Schedule 5 — Stamp duty land tax: amount of tax chargeable: rent     160
(2)      Where sub-paragraph (1) applies in relation to an obligation, a payment
made in discharge of the obligation does not count as chargeable
consideration.
(3)      The assumption or (as the case may be) release of any such obligation as is
mentioned in sub-paragraph (1) does not count as chargeable consideration	5
in relation to the assignment or surrender of the lease.
Surrender of existing lease in return for new lease
14      (1)      This paragraph applies where a lease is granted in consideration of the
surrender of an existing lease—
(a)             of the same or substantially the same premises,	10
(b)             of which the unexpired term is substantially the same as the term of
the new lease, and
(c)             on the same or substantially the same terms.
(2)      Where this paragraph applies—
(a)             the grant of the new lease does not count as chargeable consideration	15
for the surrender, and
(b)             the surrender does not count as chargeable consideration for the
grant of the new lease.
Reverse premium
15      (1)      In the case of the grant or surrender of a lease a reverse premium does not	20
count as chargeable consideration.
(2)      A “reverse premium” means—
(a)             in relation to the grant of a lease, a premium moving from the
landlord to the tenant;
(b)             in relation to the surrender of a lease, a premium moving from the	25
tenant to the landlord.
Indemnity given by purchaser
16       Where the purchaser agrees to indemnify the vendor in respect of liability to
a third party arising from breach of an obligation owed by the vendor in
relation to the land that is the subject of the transaction, neither the	30
agreement nor any payment made in pursuance of it counts as chargeable
consideration.
Schedule 5
Section 56
Stamp duty land tax: amount of tax chargeable: rent
Introduction	35
1        This Schedule provides for calculating the tax chargeable—
(a)             in respect of a chargeable transaction for which the chargeable
consideration consists of or includes rent, or
Finance Bill Schedule 5 — Stamp duty land tax: amount of tax chargeable: rent     161
(b)             where such a transaction is to be taken into account as a linked
transaction.
Calculation of tax chargeable in respect of rent
2       (1)      Tax is chargeable under this Schedule in respect of so much of the chargeable
consideration as consists of rent.	5
(2)      The tax so chargeable is a percentage of the net present value of the rent
payable over the term of the lease.
(3)      That percentage is determined by reference to whether the relevant land—
(a)             consists entirely of residential property (in which case Table A below
applies), or	10
(b)             consists of or includes land that is not residential property (in which
case Table B below applies),
and, in either case, by reference to the amount of the relevant rental value.
Table A: Residential     Relevant rental value Percentage   15   Not more than £60,000 0%     More than £60,000 1%
Table B: Non-residential or mixed     Relevant rental value Percentage     Not more than £150,000 0%   20   More than £150,000 1%
(4)      For the purposes of sub-paragraph (3)—
(a)             the relevant land is the land that is the subject of the lease, and
(b)             the relevant rental value is the net present value of the rent payable
over the term of the lease,	25
subject as follows.
(5)      If the lease in question is one of a number of linked transactions for which
the chargeable consideration consists of or includes rent—
(a)             the relevant land is any land that is the subject of any of those leases,
and	30
(b)             the relevant rental value is the total of the net present values of the
rent payable over the terms of those leases.
Net present value of rent payable over term of lease
3        The net present value (v) of the rent payable over the term of a lease is
calculated by applying the formula:	35
Finance Bill Schedule 5 — Stamp duty land tax: amount of tax chargeable: rent     162
where—
ri is the rent payable (see paragraphs 4 and 5) in year i,
i is the first, second, third, etc year of the term,
n is the term of the lease (see paragraphs 6 and 7), and
T is the temporal discount rate (see paragraph 8).	5
Rent payable
4       (1)      For the purposes of this Schedule a single sum expressed to be payable in
respect of rent, or expressed to be payable in respect of rent and other
matters but not apportioned, shall be treated as entirely rent.
This is without prejudice to the application of paragraph 4 of Schedule 4	10
(chargeable consideration: just and reasonable apportionment) where
separate sums are expressed to be payable in respect of rent and other
matters.
(2)      Subject to paragraph 5 (effect of provision for rent review), section 51
(contingent, uncertain or unascertained consideration) applies in relation to	15
rent as in relation to other chargeable consideration, but no application may
be made under section 90 (application to defer payment in case of contingent
or uncertain consideration) in respect of tax chargeable under this Schedule.
(3)      No account shall be taken for the purposes of this Schedule of any provision
for rent to be adjusted in line with the retail price index.	20
Effect of provision for rent review
5       (1)      This paragraph applies where the lease contains provision for adjustment of
the rent, as from a specified date or dates, to reflect current market values.
(2)      In this paragraph—
(a)             a “rent review” means an adjustment in pursuance of such provision,	25
and
(b)             references to the date of a rent review are to the date from which any
such adjustment has or would have effect.
(3)      If the lease provides for a rent review on or before the end of the second year
of the lease, section 51 (contingent, uncertain or unascertained	30
consideration) applies in relation to the possibility that the rent may be
adjusted on that review.
(4)      If the lease provides for a rent review after the end of the second year of the
lease, the annual rent payable after that review—
(a)             is determined without regard to the possibility of an adjustment on	35
that review, and
(b)             is assumed to be the same as the annual rent payable over the year
preceding the first rent review or, if the period from the beginning of
the term of the lease to the date of the first rent review is less than a
year, over that period.	40
Term of lease
6       (1)      For the purposes of this Schedule the term of a lease is determined as
follows.
(2)      Subject to the following provisions of this paragraph, the term of a lease is—
Finance Bill Schedule 5 — Stamp duty land tax: amount of tax chargeable: rent     163
(a)             the contractual term specified in the lease, or
(b)             if shorter, the period from the date of the grant of the lease until the
end of the contractual term.
(3)      Where in England and Wales or Northern Ireland—
(a)             an agreement for a lease is entered into,	5
(b)             the agreement is substantially performed otherwise than by
completion, and
(c)             a lease is subsequently granted in pursuance of the agreement,
the term of a lease is the period from the date of substantial performance of
the agreement until the end of the contractual term specified in the lease.	10
In this sub-paragraph “substantially performed” and “completion” have the
same meanings as in section 44 (contract and conveyance).
(4)      Notwithstanding anything in sub-paragraph (2) or (3), a lease granted by
way of renewal of a previous lease is treated as if its term had begun on the
expiry of the previous lease.	15
This applies, in particular, to leases granted under Part 2 of the Landlord and
Tenant Act 1954 (c. 56) or under the Business Tenancies (Northern Ireland)
Order 1996 (S.I. 1996/725 (N.I. 5)).
(5)      No account shall be taken of any right of either party to determine the lease
or to renew it.	20
Treatment of lease for indefinite term
7       (1)      For the purposes of this Schedule a lease for an indefinite term is treated as
if it were a lease for a term of 12 years.
(2)      Sub-paragraph (1) applies, in particular, to a lease expressed to be—
(a)             perpetual,	25
(b)             for life, or
(c)             determinable on the marriage of the lessee.
(3)      No account shall be taken for the purposes of this Schedule of any statutory
provision deeming such a lease to be a lease for a longer definite term.
Temporal discount rate	30
8       (1)      For the purposes of this Schedule the “temporal discount rate” is 3.5% or
such other rate as may be specified by regulations made by the Treasury.
(2)      Regulations under this paragraph may make any such provision as is
mentioned in subsection (3)(b) to (f) of section 178 of the Finance Act 1989
(c. 26) (power of Treasury to set rates of interest).	35
(3)      Subsection (5) of that section (power of Inland Revenue to specify rate by
order in certain circumstances) applies in relation to regulations under this
paragraph as it applies in relation to regulations under that section.
Tax chargeable in respect of consideration other than rent
9       (1)      Where in the case of a transaction to which this Schedule applies there is	40
chargeable consideration other than rent, the provisions of this Part apply in
relation to that consideration as in relation to other chargeable
consideration.
Finance Bill Schedule 6 — Stamp duty land tax: disadvantaged areas relief Part 1 — Disadvantaged areas     164
(2)      If the annual rent exceeds £600 a year, the 0% band in the Tables in
subsection (2) of section 55 does not apply and any case that would have
fallen within that band is treated as falling within the 1% band.
(3)      For the purposes of sub-paragraph (2) the “annual rent” means the average
annual rent over the term of the lease or, if—	5
(a)             different amounts of rent are payable for different parts of the term,
and
(b)             those amounts (or any of them) are ascertainable at the effective date
of the transaction,
the average annual rent over the period for which the highest ascertainable	10
rent is payable.
(4)      Tax chargeable under this Schedule is in addition to any tax chargeable
under section 55 in respect of consideration other than rent.
(5)      Where a transaction to which this Schedule applies falls to be taken into
account for the purposes of that section as a linked transaction, no account	15
shall be taken of rent in determining the relevant consideration.
Increase of rent treated as grant of new lease
10      (1)      Where a lease is varied so as to increase the amount of the rent, the variation
is treated for the purposes of this Schedule as if it were the grant of a lease in
consideration of the additional rent made payable by it.	20
(2)      Sub-paragraph (1) does not apply to an increase of rent in pursuance of a
provision already contained in the lease.
Interpretation
11       In Scotland any reference in this Part to the term of a lease is to the period of
the lease.	25
Schedule 6
Section 57
Stamp duty land tax: disadvantaged areas relief
Part 1
Disadvantaged areas
Meaning of “disadvantaged area”	30
1       (1)      For the purposes of this Schedule a “disadvantaged area” means an area
designated as a disadvantaged area by regulations made by the Treasury.
(2)      The regulations may—
(a)             designate specified areas as disadvantaged areas, or
(b)             provide for areas of a description specified in the regulations to be	35
designated as disadvantaged areas.
(3)      If the regulations so provide, the designation of an area as a disadvantaged
area shall have effect for such period as may be specified by or determined
in accordance with the regulations.
Finance Bill Schedule 6 — Stamp duty land tax: disadvantaged areas relief Part 2 — Land wholly situated in a disadvantaged area     165
(4)      The regulations may—
(a)             make different provision for different cases, and
(b)             contain such incidental, supplementary, consequential or
transitional provision as appears to the Treasury to be necessary or
expedient.	5
Continuation of regulations made for purposes of stamp duty
2        Any regulations made by the Treasury—
(a)             designating areas as disadvantaged areas for the purposes of section
92 of the Finance Act 2001 (c. 9) (stamp duty exemption for land in
disadvantaged areas), and	10
(b)             in force immediately before the appointed day,
have effect for the purposes of this Schedule as if made under paragraph 1
above and may be varied or revoked accordingly.
Part 2
Land wholly situated in a disadvantaged area	15
Introduction
3        This Part of this Schedule applies to a land transaction if the subject matter
of the transaction is a chargeable interest in relation to land that is wholly
situated in a disadvantaged area.
Land all non-residential	20
4        If all the land is non-residential property, the transaction is exempt from
charge.
Land all residential
5       (1)      This paragraph applies where all the land is residential property.
(2)      If—	25
(a)             the consideration for the transaction does not include rent and the
relevant consideration does not exceed £150,000, or
(b)             the consideration for the transaction consists only of rent and the
relevant rental value does not exceed £150,000,
the transaction is exempt from charge.	30
(3)      If the consideration for the transaction includes rent and the relevant rental
value does not exceed £150,000, the rent does not count as chargeable
consideration.
(4)      If the consideration for the transaction includes consideration other than
rent, then—	35
(a)             if—
(i)                    the annual rent does not exceed £600, and
(ii)                  the relevant consideration does not exceed £150,000,
the consideration other than rent does not count as chargeable
consideration;	40

© Parliamentary copyright 2003	Revised 16 April 2003