Section 194: Pre-completion transactions: existing cases

Finance Act 2013 · 2013 c. 29View on legislation.gov.uk

Part 4: Excise duties and other taxes

Section 45 of FA 2003 (contract and conveyance: effect of transfer of rights)—

has effect subject to the amendment in subsection (2) below in relation to agreements for the grant or assignment of an option that are entered into during the period beginning with 21 March 2012 and ending immediately before the day on which this Act is passed, and
has effect subject to the amendments in subsections (3) to (7) below in relation to transfers of rights (see subsection (1) of that section) entered into during that period.

At the end of subsection (1A) insert ." or an agreement for the future grant or assignment of an option "

In subsection (3), in the second sentence, after "except" insert ." in a case excluded by subsection (3A) or "

After subsection (3) insert—

In subsection (4), at the end insert ." except in a case excluded by subsection (4A) "

After subsection (4) insert—

In subsection (5)(b)—

after "subsection (3) above" insert , and" or in subsection (3A) above "
after "subsection (4)" insert ." or (4A) "

Subsections (10) to (12) apply where—

Subsections (10) to (12) also apply where—

section 45 of FA 2003 applies in relation to the contract for a land transaction ("the original contract"),
as a result of subsections (1) to (7) above, the substantial performance or completion of the original contract (or, in a case within subsection (5) of that section, its substantial performance or completion so far as relating to part of the subject-matter of the original contract) is not disregarded, and
the relevant time referred to in subsection (3A)(a) of that section fell before the day on which this Act is passed.

Section 76 of FA 2003 (duty to deliver land transaction return) is to be regarded as requiring the purchaser under the original contract to deliver a land transaction return relating to the land transaction not later than 30 September 2013.

Accordingly, 30 September 2013 is for the purposes of Part 4 of FA 2003 the filing date for the land transaction return relating to the transaction.

If the purchaser under the original contract ("P") has delivered a land transaction return relating to the land transaction before the day on which this Act is passed, P must not later than 30 September 2013 give notice under paragraph 6 of Schedule 10 to FA 2003 amending the return, but this does not prevent P from making subsequent amendments within the time allowed by sub-paragraph (3) of that paragraph.

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