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300Assents and appropriations by personal representatives

(1)    In Schedule 3 to the Finance Act 2003 (c 14) (stamp duty land tax: transactions exempt from charge), after paragraph 3 insert—

“Assents and appropriations by personal representatives3A

(1)    The acquisition of property by a person in or towards satisfaction of his entitlement under or in relation to the will of a deceased person, or on the intestacy of a deceased person, is exempt from charge.

(2)    Sub-paragraph (1) does not apply if the person acquiring the property gives any consideration for it, other than the assumption of secured debt.

(3)    Where sub-paragraph (1) does not apply because of sub-paragraph (2), the chargeable consideration for the transaction is determined in accordance with paragraph 8A(1) of Schedule 4.

(4)    In this paragraph—

“debt” means an obligation, whether certain or contingent, to pay a sum of money either immediately or at a future date, and

“secured debt” means debt that, immediately after the death of the deceased person, is secured on the property.”.

(2)    The amendment made by this section is deemed always to have had effect.

NOTES
Initial Commencement
Royal Assent

This Act received Royal Assent on 22 July 2004: for provision as to the commencement of the amendment made by this section see sub-s (2) above.

Stamp Taxes93 Personal Representatives & Administration of Estates99 Personal Representatives91 Private Client91 Stamp Duty Land Tax93 Non-contentious Probate91 Estate Taxes91 Tax Law93 Intestacy99 Succession Law & Estate Planning99

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