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Stamp Duty Land Tax Handbook 2nd edition [Pehme köide]

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  • Formaat: Paperback / softback, 272 pages, kõrgus x laius: 216x138 mm, kaal: 272 g
  • Ilmumisaeg: 07-Jan-2009
  • Kirjastus: Estates Gazette Ltd
  • ISBN-10: 0728205254
  • ISBN-13: 9780728205253
Teised raamatud teemal:
Stamp Duty Land Tax Handbook 2nd editionSuurem pilt
  • Formaat: Paperback / softback, 272 pages, kõrgus x laius: 216x138 mm, kaal: 272 g
  • Ilmumisaeg: 07-Jan-2009
  • Kirjastus: Estates Gazette Ltd
  • ISBN-10: 0728205254
  • ISBN-13: 9780728205253
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9780728205253.html
Written from a practical standpoint, this new edition of the Stamp Duty Land Tax Handbook details how the updated legislation works in common practice. The book's examples and case studies will be highly useful to surveyors, valuers and anyone needs to be kept up to date with the application of tax duty on Land.

Unlike most other books in this area, the Handbook is based on practical experience of the work of surveyors applying the latest legislation in making valuations.

The authors explain the potential pitfalls and use examples of calculations of the amounts on which tax is payable. Complex areas like administration and enforcement are clarified and explained. The Handbook will help surveyors and property professionals provide crucial support to their invididual and corporate clients.
Preface xi
Table of Cases
xiii
Table of Statutes
xv
Definitions xxv
Liability to Stamp Duty Land Tax
1(24)
Introduction
1(1)
Events leading to a charge
1(5)
Land transactions
1(1)
Chargeable interest
1(3)
Transaction by contract and conveyance
4(1)
Subsales
5(1)
Liability for Tax
6(2)
Joint purchasers
6(1)
Partnerships
6(1)
Trustees of settlement
7(1)
Unit trust schemes
7(1)
Persons acting as representatives for others
7(1)
Companies
8(1)
Exempt transactions
8(13)
General
8(1)
No consideration
9(1)
Residential property exchanges with house building companies
9(1)
Residential property exchanges with property traders
10(1)
Purchase of employee's dwelling
11(2)
Compulsory purchase facilitating development
13(1)
Compliance with a planning obligation
13(1)
Group relief and reconstruction or acquisition relief
14(1)
Demutualisation of insurance company or building society
15(1)
Transfer of assets to trustees of unit trust scheme
16(1)
Incorporation of limited liability partnership (LLP)
16(1)
Transfers involving public bodies
17(1)
Parliamentary constituencies reorganisation
17(1)
Right to buy, shared ownership leases, shared amenity trusts, and rent to mortgage
17(2)
Acquisition by registered social landlord
19(1)
Property finance transactions
20(1)
Certain leases RSLs
20(1)
Transactions in connection with divorce
20(1)
Variation of wills
21(1)
Zero-carbon properties
21(1)
Exempt bodies
21(4)
Charities
21(1)
Health service bodies
22(1)
Bodies established for national purposes
22(1)
Crown
23(2)
Residential Property and Non-Residential Property
25(10)
Residential buildings
25(6)
General
25(1)
Meaning of residential building
25(6)
Residential land
31(3)
Land forming part of the garden or grounds of a building
31(1)
Interaction with capital gains tax
31(2)
Conflicts of interest for vendors and purchasers
33(1)
Land being developed for residential use
33(1)
Non-residential property
34(1)
Effect of Finance Act 2005 changes
34(1)
Designated Disadvantaged Areas
35(4)
Origin of designated disadvantaged areas
35(1)
Property partly in a DDA
36(1)
Ascertaining whether a property is within a DDA
36(1)
Current advantages of being located in a DDA
37(2)
Tax Payable on Purchase
39(12)
General
39(1)
Chargeable consideration
39(8)
Single payment
39(2)
Payment other than cash
41(1)
Phased payments
42(1)
Contingent payments
43(1)
Debt as consideration
43(1)
Exchanges
44(1)
Linked transactions
45(1)
Payments for chattels
46(1)
Annuities
47(1)
Amount of tax payable --- residential
47(2)
Not within a designated disadvantaged area
47(1)
Within a DDA
48(1)
Amount of tax payable --- non residential
49(2)
Not within a DDA
49(1)
Within a DDA
49(2)
Tax Payable or Repayable after Purchase
51(4)
Resolution of contingent event
51(4)
Further payment not deferred by s 90
51(2)
Further payment deferred by s 90
53(2)
Tax Payable on Start of Lease
55(14)
General
55(1)
Calculation of net present value
56(1)
Discount rate
56(1)
Rent payable
56(1)
Net present value
56(1)
Rent subject to future contingent event
57(1)
Rent reviews
58(1)
Term of lease
59(4)
A fixed term
59(2)
Renewal of fixed term lease
61(1)
Agreement for lease preceding a lease
62(1)
Lease for indefinite term
63(1)
Variation of a lease
63(2)
Variation of rent
63(1)
Variation of term
64(1)
Surrender and re-grant, and sale and leaseback
65(1)
Surrender and re-grant
65(1)
Sale and leaseback
65(1)
Amount of tax payable --- residential
66(1)
Property not within a DDA
66(1)
Property within a DDA
67(1)
Amount of tax payable --- non residential
67(2)
Property not within a DDA
67(1)
Property within a DDA
68(1)
Tax Payable or Repayable During a Tenancy
69(8)
Within first five years
69(2)
Resolution of rent review
69(1)
Resolution of contingent event
70(1)
End of fifth year of term
71(3)
Turnover rents
71(2)
Variable rents
73(1)
After five years
74(3)
Abnormal increases in rent
74(1)
Acquisition of lease from SDLT exempt assignor
75(2)
Interaction with VAT
77(8)
Introduction
77(1)
Consideration and VAT
77(2)
SDLT mitigation
79(1)
TOGC
80(3)
Anti-avoidance
83(1)
Miscellaneous
83(2)
Partnerships
85(6)
General
85(1)
Definition of partnership
85(1)
Ordinary partnership transactions
86(1)
Transactions to which special provisions apply
87(3)
Anti-avoidance
90(1)
Market Value
91(18)
Introduction
91(1)
Statutory definitions
91(1)
Basis of valuation for SDLT purposes
92(1)
Analysis of basis
93(6)
The property
94(1)
The price
94(1)
If sold
95(1)
In the open market
95(1)
Willing vendor
96(1)
Willing purchaser
96(1)
Special purchaser
96(1)
At that time
97(2)
Evidence of value --- valuation methodology
99(1)
Apportionments
100(1)
UK Guidance Note 3
101(1)
Treatment of ``goodwill''
102(4)
Contingent, uncertain or unascertained consideration
106(3)
Requirement for Land Transaction Return
109(24)
Introduction
109(1)
When a LTR is required
109(24)
Basic provisions
109(1)
Notifiable transactions
110(1)
Private finance initiative lease and leasebacks
111(1)
Assignments
111(2)
Leases for indefinite terms
113(1)
Holding over prior to the grant of new lease
114(4)
Variable or uncertain leases
118(1)
Surrenders and reduction of rent or lease term
119(1)
Uncertain or unascertained rents
120(2)
Abnormal increases in rent
122(3)
Right to buy, shared ownership transactions, shared ownership leases, etc
125(2)
Linked transactions
127(2)
Transactions between spouses and civil partners
129(1)
Zero-carbon houses and flats
130(1)
Surrender of and forfeiture of leases
130(3)
Deferment of Payment of Tax
133(6)
Application for relief under s 90 of Finance Act 2003
133(1)
Applicant's obligations
134(1)
Special rules for works and/or services
135(1)
Decisions by HMRC on applications
135(1)
Grounds on which application may be refused
136(1)
Appeals
136(1)
Settlement by agreement
137(1)
Directions by Commissioners
137(1)
Applications having no effect
138(1)
Administration of Stamp Duty Land Tax
139(10)
Land transaction returns
139(3)
Compliance
142(3)
Self-certification
145(1)
Exceptions and supplementary returns
146(3)
HMRC Powers and Compliance
149(16)
Introduction
149(1)
Duty to keep and preserve records
149(1)
Enquiry into a return
150(1)
Notice to produce documents
151(2)
Amendments of LTRs during enquiry
153(2)
HMRC determination if no LTR is delivered
155(1)
HMRC assessments
156(3)
Self-certification
159(1)
Collection and recovery of tax
160(1)
Powers to call for documents or information
160(5)
Appeals, Relief for Overpayment, Claims not Included in LTRs
165(10)
Introduction
165(1)
Appeals and other proceedings
165(3)
Appeals against HMRC decisions on tax
168(3)
Relief in case of excessive assessment
171(1)
Claims not included in returns
172(3)
Connected Persons and Companies
175(2)
Right to Buy Transactions, Shared Ownership Leases, Alternative Property Finance, etc
177(12)
Introduction
177(1)
Right to buy transactions
178(1)
Shared ownership leases
179(1)
Staircasing transactions
180(1)
Rent to mortgage or rent to loan transactions
181(1)
Relief for certain purchases by registered social landlords
182(1)
Alternative property finance
183(4)
Land sold to a financial institution and leased by prior arrangement to an individual
184(1)
Land sold to a financial institution and re-sold to an individual
185(1)
Definitions
185(1)
Interest held by a financial institution
186(1)
Collective enfranchisement by leaseholders
187(1)
Crofting community right to buy
187(1)
Commonhold
188(1)
Stamp Duty Land Tax and Trusts
189(12)
Introduction
189(3)
Trusts and powers
190(1)
Bare trusts
190(1)
Settlements
191(1)
Discretionary trusts
192(1)
Other trusts
192(1)
Nil-rate discretionary trusts
192(1)
Relevant trustees
193(1)
Appeal and enquiry powers
194(1)
Changes in the composition of trustees for continuing settlement
194(1)
Transfers between pension funds
194(2)
Consideration for exercise of power of appointment or discretion
196(1)
Persons acting in a representative capacity
196(1)
Relief on transfer of land to a unit trust
197(1)
Alternative views
197(4)
The Disclosure Regime and Other Anti-Avoidance Measures
201(38)
Introduction
201(1)
Code of Practice 10
202(1)
Anti-avoidance 2004
203(1)
Anti-avoidance 2005
203(2)
Anti-avoidance 2006
205(2)
Anti-avoidance 2007
207(1)
The current situation in 2008
208(3)
Appendices
1. Land Transaction Return
211(8)
2. YP at 3.5% and PV at 3.5%
219(6)
3. Connected Persons
225(4)
4. Group Relief Reconstruction Relief Acquisition Relief
229(10)
Index 239
Tony Johnson is a consultant to Edwin Hill. He is one of the authors of Modern Methods of Valuation Chris Hart was Chairman of the RICS Taxation Policy Panel for many years