Finance Act, 1981


Stamp Duties

Amendement of section 58 (direction as to duty in certain cases) of Stamp Act, 1891.

47.—Section 58 of the Stamp Act, 1891, is hereby amended, with respect to instruments executed on or after the date of the passing of this Act, by the insertion after subsection (6) of the following subsections:

“(7) (a) The consideration moving from the sub-purchaser shall, in a case to which subsection (4), (5) or (6) applies, be ascertained without regard to the value of any covenant, power, condition or arrangement relating to the subject matter of the conveyance which was not in the contract for sale entered into by the original seller and also without regard to any consideration the duty on which or on any part of which would be charged in accordance with subsection (2) or (3) of section 56.

(b) In paragraph (a) ‘the original seller’ means, in relation to a case to which subsection (4) applies, the person from whom the property is conveyed to the subpurchaser and, in relation to a case to which subsection (5) or (6) applies, the original seller referred to in the said subsection (5) or (6), as the case may be.

(8) Pargraph 4 of the Heading ‘Conveyance or Transfer on sale of any property other than stocks or marketable securities’ (inserted by the Finance Act, 1975 ) in the First Schedule to this Act shall not apply to determine the stamp duty to be charged on any conveyance referred to in subsection (4), (5) or (6).

(9) A conveyance in respect of which subsection (7) has effect shall be deemed to be a conveyance operating as a voluntary disposition inter vivos for the purposes of section 74 of the Finance (1909-10) Act, 1910 .”.