SCHEDULES

SCHEDULE 8Stamp duty land tax: charities relief

F1Withdrawal of relief given under paragraph 3A

Annotations:
Amendments (Textual)
F1

Sch. 8 paras. 3A-3C and cross-headings inserted (with effect in accordance with Sch. 23 para. 5 of the amending Act) by Finance Act 2014 (c. 26), Sch. 23 para. 3

3B

1

This paragraph applies where—

a

relief has been given under paragraph 3A in respect of a transaction (“the relevant transaction”),

b

a disqualifying event occurs in relation to a qualifying charity (“C”) which was a purchaser under the transaction, and

c

the disqualifying event occurs in the circumstances required by sub-paragraphs (2) and (3).

2

The disqualifying event must occur—

a

before the end of the period of 3 years beginning with the effective date of the transaction, or

b

in pursuance of, or in connection with, arrangements made before the end of that period.

3

At the time of the disqualifying event C must hold a chargeable interest that—

a

was acquired by C under the relevant transaction, or

b

is derived from an interest so acquired.

4

There is a “disqualifying event” in relation to C if —

a

C ceases to be established for charitable purposes only, or

b

the chargeable interest acquired by C under the transaction, or any interest or right derived from that interest, is used or held by C otherwise than for qualifying charitable purposes.

5

C's portion of the relief mentioned in sub-paragraph (1)(a), or an appropriate proportion of C's portion of that relief, is withdrawn and tax is chargeable in accordance with this paragraph.

6

The amount chargeable is equal to C's portion of the relief or, as the case may be, the appropriate proportion of C's portion of the relief.

7

C's portion of the relief depends on whether P1 or P2 was lower in the calculation under paragraph 3A(5).

8

If P1 was lower, C's portion of the relief is equal to—

where—

p1 is the proportion of the subject-matter of the transaction that was acquired by C under the transaction;

P1 has the same meaning as in paragraph 3A(5);

9

If P2 was lower, C's portion of the relief is equal to—

where—

p2 is the proportion of chargeable consideration for the transaction that was given by C;

P2 has the same meaning as in paragraph 3A(5);

10

In sub-paragraphs (5) and (6) “appropriate proportion” means an appropriate proportion having regard to—

a

what was acquired by C under the relevant transaction and what is held by C at the time of the disqualifying event, and

b

the extent to which what is held by C at that time becomes used or held for purposes other than qualifying charitable purposes.