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Legislation
Finance Act 2003

Crossheading Chargeable interests, chargeable transactions and chargeable consideration

  • Section 48 Chargeable interests
  • Section 48A Interests, transactions and consideration where land in England and Wales
  • Section 49 Chargeable transactions
  • Section 50 Chargeable consideration
  • Section 51 Contingent, uncertain or unascertained consideration
  • Section 52 Annuities etc: chargeable consideration limited to twelve years' payments
  • Section 53 Deemed market value where transaction involves connected company
  • Section 54 Exceptions from deemed market value rule
  1. Chargeable interests, chargeable transactions and chargeable consideration
  2. Deemed market value where transaction involves connected company

Section 53 | Deemed market value where transaction involves connected company

From legislation.gov.uk

(1)This section applies where the purchaser is a company and—F1

(a)the vendor is connected with the purchaser, orF1

(b)some or all of the consideration for the transaction consists of the issue or transfer of shares in a company with which the vendor is connected.F1

(1A)The chargeable consideration for the transaction shall be taken to be not less than—F1

(a)the market value of the subject-matter of the transaction as at the effective date of the transaction, andF1

(b)if the acquisition is the grant of a lease at a rent, that rent.F1

(2)Section 1122 of the Corporation Tax Act 2010 (connected persons) has effect for the purposes of this section.F2

(3)In this section—

(4)Where this section applies paragraph 1 of Schedule 3 (exemption of transactions for which there is no chargeable consideration) does not apply.But this section has effect subject to any other provision affording exemption or relief from stamp duty land tax.

(5)This section is subject to the exceptions provided for in section 54.

Notes

  1. F1

    S. 53(1)(1A) substituted for s. 53(1) (with effect in accordance with s. 297(9) of the amending Act) by Finance Act 2004 (c. 12), s. 297(4)

  2. F2

    Words in s. 53(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), Sch. 1 para. 404 (with Sch. 2)

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