Section 230 — Finance Act 2014: Special case: stamp duty land tax

Special case: stamp duty land tax 230 1 This section applies to modify the application of this Part in the case of—

a a return or claim in respect of stamp duty land tax, or b a tax appeal within section 203(g), or any appeal within section 203(i) which derives from such an appeal.

2 If two or more persons acting jointly are the purchasers in respect of the land transaction—

a anything required or authorised by this Part to be done in relation to P must be done in relation to all of those persons, and b any liability of P in respect of an accelerated payment, or a penalty under this Part, is a joint and several liability of all of those persons.

3 Subsection (2) is subject to subsections (4) to (8).

4 If the land transaction was entered into by or on behalf of the members of a partnership—

a anything required or authorised to be done under this Part in relation to P is required or authorised to be done in relation to all the responsible partners, and b any liability of P in respect of an accelerated payment, or a penalty under this Part, is a joint and several liability of the responsible partners.

5 But nothing in subsection (4) enables—

a an accelerated payment to be recovered from a person who did not become a responsible partner until after the effective date of the transaction in respect of which the tax to which the accelerated payment relates is payable, or b a penalty under this Part to be recovered from a person who did not become a responsible partner until after the time when the omission occurred that caused the penalty to become payable.

6 Where the trustees of a settlement are liable to pay an accelerated payment or a penalty under this Part, the payment or penalty may be recovered (but only once) from any one or more of the responsible trustees.

7 But nothing in subsection (6) enables a penalty to be recovered from a person who did not become a responsible trustee until after the time when the omission occurred that caused the penalty to become payable.

8 Where a follower notice or accelerated payment notice is given to more than one person, the power conferred on P by section 207 or 222 is exercisable by each of those persons separately or by two or more of them jointly.

9 In this section— “ the accelerated payment ” has the meaning given by section 223(2); “ accelerated payment notice ” has the meaning given by section 219(1); “ effective date ”, in relation to a land transaction, has the meaning given by section 119 of FA 2003; “ follower notice ” has the meaning given by section 204(1); “ the responsible partners ”, in relation to a land transaction, has the meaning given by paragraph 6(2) of Schedule 15 to that Act; “ the responsible trustees ” has the meaning given by paragraph 5(3) of Schedule 16 to that Act; “P”—

in relation to Chapter 2, has the meaning given by section 204(1); in relation to Chapter 3, has the meaning given by section 219.