Scotland Bill

Schedule 4, which is introduced by clause 29, makes consequential provisions in connection with the disapplication of stamp duty land tax in Scotland, and is in two parts. Part 1 provides for general amendments to stamp duty land tax legislation in consequence of stamp duty land tax ceasing to apply in Scotland, and part 2 provides for the Scottish Government to supply information to HMRC regarding Scottish land tax. Amendment 33 makes changes to the stamp duty land tax first-time buyers relief to ensure that a person who has previously bought a property in Scotland cannot qualify for relief when he or she subsequently purchases a property in England, Wales or Northern Ireland. Amendment 34 omits a further reference to Scottish land law terminology. Amendments 35 and 36 omit provisions in the Finance (No. 2) Act 2005 and the Public Finance and Accountability (Scotland) Act 2000, which is an Act of the Scottish Parliament relating to functions of the keeper of the registers of Scotland. Those relate to the registers of Scotland's automated registration of title to land system, which includes facilities for returns and payment of stamp duty land tax. Lastly, amendment 36 makes detailed modifications to the provisions in the Finance Act 2009 in relation to alternative finance investment bonds or sukuk. Those modifications reflect the fact that the stamp duty land tax relief will no longer apply to sukuk in relation to land in Scotland, although the provisions for capital gains and capital allowances will continue to apply. Those changes are essential to the proper operation of stamp duty land tax after the tax is disapplied in Scotland. Amendment 33 agreed to. Amendments made: 34, page 35, line 36, at end insert— ‘Finance (No. 2) Act 2005 In section 47 of the Finance (No. 2) Act 2005 (e-conveyancing) omit— (a) subsection (1); (b) subsection (6)(b).’. Amendment 36, page 36, line 12, at end insert— ‘Finance Act 2009 (1) Schedule 61 to the Finance Act 2009 (alternative finance investment bonds) is amended as follows. (2) Paragraph 1 (interpretation) is amended as follows. (3) In sub-paragraph (1)— (a) before the definition of ““HMRC”” insert— ““““effective date””, for a transaction relating to land in Scotland, is the date which would be the effective date (under section 119 of FA 2003) if Part 4 of FA 2003 applied to land in Scotland;””; (b) omit the definition of ““qualifying interest””. (4) After sub-paragraph (1) insert— (1A) In this Schedule ““qualifying interest””— (a) in relation to land in England and Wales or Northern Ireland, means a major interest in land (within the meaning given by section 117 of FA 2003) except that it does not include a lease for a term of years of 21 years or less; (b) in relation to land in Scotland, means— (i) the interest of an owner of land, or (ii) the tenant’s right over or interest in a property subject to a lease, except that it does not include a lease for a period of 21 years or less.”” (5) Paragraph 5 (conditions for operation of relief) is amended as follows. (6) In sub-paragraph (6) (Condition D)— (a) after ““Condition D”” insert ““(which applies in the case of land in England and Wales or Northern Ireland)””; (b) omit paragraph (b). (7) In sub-paragraph (7) (charge or security for purposes of Condition D)— (a) omit ““or security””; (b) in paragraph (a) omit ““, or a security ranking first granted over,””. (8) In paragraph 6(1)(a) (relief from stamp duty land tax) for ““the United Kingdom”” substitute ““England and Wales or Northern Ireland””. (9) In paragraph 7 (withdrawal of relief in certain circumstances)— (a) in sub-paragraph (1) after ““This paragraph applies if”” insert ““paragraph 6 applies but””; (b) in sub-paragraph (2) after ““This paragraph also applies if”” insert ““paragraph 6 applies but””. (10) In paragraph 9 (discharge of charge when conditions for relief met) omit ““or security””. (11) In paragraph 11(2) (disapplication of CGT relief if charge not given) for ““the United Kingdom”” substitute ““England and Wales or Northern Ireland””. (12) In paragraph 12(1)(b) (CGT relief on second transaction) for ““the United Kingdom”” substitute ““England and Wales or Northern Ireland””. (13) In paragraph 18(5) and (6) (discharge of charge if original land replaced)— (a) for ““the United Kingdom”” substitute ““England and Wales or Northern Ireland””; (b) omit ““or security””. (14) In paragraph 19(1) (HMRC to notify Registrar of discharge)— (a) omit ““or security””; (b) omit paragraph (b). Public Finance and Accountability (Scotland) Act 2000 (asp 1) In section 9(1) of the Public Finance and Accountability (Scotland) Act 2000 (Keeper of the Registers of Scotland: financial arrangements) omit ““(other than payments of stamp duty land tax)””.’.— Schedule 4, as amended, agreed to. Clause 30