Finance Act 2003, Schedule 4, paragraph 1

Money or money’s worth

SCHEDULE 4 Stamp duty land tax: chargeable consideration

1 (1) The chargeable consideration for a transaction is, except as otherwise expressly provided, any consideration in money or money’s worth given for the subject-matter of the transaction, directly or indirectly, by the purchaser or a person connected with him.

(2)[F586 Section 1122 of the Corporation Tax Act 2010F586] (connected persons) applies for the purposes of sub-paragraph (1).

Definitions used in Schedule 4, paragraph 1 2

connected

(6) In sub-paragraph (5) “trustee” is to be read in accordance with section 1123(3) of CTA 2010 (“connected” persons: supplementary).

Defined in Sch.7A para.9(6) · see it in the full Act

(6) In sub-paragraph (5) “trustee” is to be read in accordance with section 1123(3) of CTA 2010 (“connected” persons: supplementary).

Defined in Sch.7A para.19(6) · see it in the full Act
connected persons

(8) In sub-paragraph (7) “trustee” is to be read in accordance with section 1123(3) of CTA 2010 (“connected persons”: supplementary).

Defined in Sch.4A para.5A(8) · see it in the full Act

Cases considering Schedule 4, paragraph 1 7

Project Blue Limited v Commissioners for Her Majesty’s Revenue and Customs

[2018] UKSC 30 · 13 June 2018Defines

Supplied the general definition of chargeable consideration, read with the special rules for contingent consideration and the section 75A calculation. (see paras [60]-[64])

Michael Brown & Anor v The Commissioners for HMRC

[2024] EWCA Civ 92 · 8 February 2024Interprets

Schedule 4 paragraph 1 was interpreted to include consideration in money or money’s worth given indirectly by the purchaser or a connected person. The phrase was not confined to payment mechanics; the pre-ordained scheme had to be assessed in the round. (see paras [23]; [52]-[56])

HM Revenue and Customs v DV3 RS Ltd Partnership

[2013] EWCA Civ 907 · 25 July 2013

Absent an express alternative rule, chargeable consideration is the money or money's worth given directly or indirectly for the transaction. This rule determined the consideration for the partnership's acquisition (see paras [7]; [37]).

What each judgment says about Schedule 4, paragraph 1 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F586Words in Sch. 4 para. 1(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 414 (with Sch. 2)

Modifications

  1. C36Sch. 4 para. 1 modified (19.3.2025) by The Co-ownership Contractual Schemes (Tax) Regulations 2025 (S.I. 2025/200), regs. 1(2), 23(4)(c) (with reg. 63)