Appendix 3
S.I. 2006/776: Memorandum from Her Majesty's Revenue
and Customs
Stamp Duty Land Tax (Administration) (Amendment)
Regulations 2006 (S.I. 2006/776)
The Committee considered the above
instrument at its meeting on 26th April 2006, and instructed
its Clerk to request a memorandum on the following point:
"Given that the declaration
on page 2 of the form set out in the Schedule must be signed by
the purchaser, explain the purpose of the box headed "Capacity
in which signing".
The Department notes the slight
infelicity in the wording of the preface to the declaration in
the prescribed form. The rationale for including details about
the capacity in which the declaration is signed is intended to
address three distinct situations.
a) The purchaser may be a corporate
body such as a company or may be charity, and in that case one
of the officers of that body will sign. It is of course impossible
for a corporation, other than a corporation sole, to sign anything,
and it is not sensible to require all the trustees of a charity
to sign.
b) For a partnership or a body
of trustees there is a special rule which allows one partner or
trustee to sign on behalf of all. (Normally, in the case of joint
purchasers, all must sign.).
c) There is also a very limited
range of circumstances in which the signatory may not in fact
be the purchaser. These include an Attorney or receiver appointed
on grounds of the purchaser's incapacity, and a parent or guardian
where the purchaser is a minor.
The fact that the form may be signed
on behalf of the purchaser in these circumstances is covered in
the notes which accompany the prescribed form.
HM Revenue and Customs
28 April 2006
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