Stamp Duty: Case Law, Legislation, Links 17-12-12

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Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:

recent (lawindexpro.co.uk) - Up to 10 recent cases on this area of law
historic (swarb.co.uk) - many cases on this topic from before 2000.

Leading Cases:

Elizabeth Court (Bournemouth) Ltd -v- Revenue & Customs; SCIT 26-Nov-2007 - STAMP DUTY LAND TAX – reliefs – collective enfranchisement by leaseholders – whether the chargeable transaction entered into by the Appellant was ‘a chargeable transaction entered into by an RTE company in pursuance of a right of collective enfranchisement’ – no – appeal dismissed – FA 2003 s 74(1).
Salvesen’s Trustees -v- Inland Revenue Commissioners; SCS 1930 - The court considered the valuation of shares in a notional purchase. The company’s articles of association contained a provision that the company might at any time, by extraordinary resolution, resolve that any shareholder, other than a director or a person holding more than 10 per cent of the shares of the company do transfer his shares, and, to put it shortly, that upon such a transfer the vendor would only be entitled to their nominal value if fully paid.

Legislation:

1971

Administration of Estates Act 1971 / 25 -|- Case law -|- See Also: Wills and Probate
An Act to provide for the recognition, without resealing, of certain grants of administration and confirmations throughout the United Kingdom; to allow for the inclusion of real estate in any part of the United Kingdom in the inventory of the estate of a person dying domiciled in Scotland; to amend the law with respect to the grant of administration by the High Court and resealing by that Court of administration granted outside the United Kingdom and to exempt from stamp duty guarantees given under the law so amended; to make provision with respect to the duties and rights of personal representatives; and for connected purposes.

2003

Finance Act 2003 / 14 -|- Case law -|- See Also:, VAT, Taxes Management
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.

2008

Finance Act 2008 / 9 -|- Case law -|- See Also:, Income Tax, Corporation Tax, Capital Gains Tax
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.