keep The Stamp Duty Land Tax (Amendment to the Finance Act 2003) Regulations 2006
These Regulations amend Part 4 of the Finance Act 2003 to clarify what does NOT count as 'chargeable consideration' for Stamp Duty Land Tax (SDLT) purposes. They exclude: (1) purchaser-borne inheritance tax liabilities on transfers of value or testamentary dispositions; (2) purchaser-borne capital gains tax liabilities on non-arm's length acquisitions; (3) costs of leasehold enfranchisement under the Leasehold Reform Acts. They also amend Schedule 17A to exclude certain tenant costs from SDLT consideration.
While SDLT itself is a distortionary tax, these regulations reduce that distortion by preventing certain costs (inheritance tax, capital gains tax, enfranchisement costs) from being counted as chargeable consideration. Deleting them would create interpretive uncertainty where HMRC could argue these costs ARE chargeable consideration, resulting in higher SDLT bills for purchasers and increased litigation. Britons would face higher transaction costs and more legal uncertainty without these provisions.