HC Deb 20 October 1909 vol 12 cc395-8

(1) Where, in the case of a reversion purchased before the thirtieth day of April, nineteen hundred and nine, the lease on which the reversion is expectant deter mines (otherwise than by agreement between the lessor and the lessee, not contained in the lease itself) within forty years of the date of the purchase, no Reversion Duty shall be charged under this Part of this Act on the determination of the lease.

(2) No Reversion Duty shall be charged on the determination of the lease of any land which is at the time of the determination agricultural land, nor on the determination of a lease, the original term of which did not exceed twenty-one years, nor shall Reversion Duty be charged where the interest of the lessor expectant on the determination of a lease is a leasehold in terest which does not exceed that number of years.

(3) Where a lease of any land is determined before the expiration of the term of the lease by agreement between the lessor and the lessee, and a fresh lease of the land is then granted to the same lessee or his successor in title, the terms of which extends at least twenty-one years beyond the date on which the original lease would have expired, the Commissioners shall make an allowance in respect of the Reversion Duty payable of two and a half per cent. of the duty for every year of the original term of the lease which is unexpired when the lease is determined, and any sum so allowed shall be treated as having been paid:

Provided that the allowance shall not exceed fifty per cent. of the whole duty payable.

(4) Where on any occasion on which Increment Value Duty is due in respect of any increment value it is proved to the satisfaction of the Commissioners that Reversion Duty has been paid in respect of any benefit accruing to a lessor, or part of such a benefit, which is identical with the increment value, such sums as the Commissioners determine to have been paid in respect of the benefit or part of the benefit shall be treated as being also a payment on account of Increment Value Duty; and where on any occasion on which Reversion Duty is due in respect of any benefit accruing to a lessor, it is shown to the satisfaction of the Commissioners that Increment Value Duty has been paid on any increment value which is identical with that benefit or any part of that benefit, such sums as the Commissioners determine to have been paid in respect of that value shall be treated as being also a payment on account of the Reversion Duty in respect of that benefit or part of a benefit.

(5) Where a reversion has been mortgaged before the thirtieth day of April nineteen hundred and nine, and the mortgagee has foreclosed before the lease on which the reversion is expectant determines, the mortgagee shall not be liable to pay Reversion Duty except so far as the benefit accruing to him by reason of the determination of the lease exceeds the amount payable under the mortgage.

Drafting Amendments made.

Sir W. ROBSON

moved, at end of Subsection (1), to insert the words "Provided that this exemption shall not apply where the lease is determined within forty years by agreement between the lessor and the lessee, whether express or implied, not contained in the lease itself, unless the lease would, apart from any such agreement, have determined within that period."

Clause 14 provides that "Where in the case of a reversion purchased before the 30th April, 1909, the lease on which the reversion is expectant determines (otherwise than by agreement between the lessor and the lessee, not contained in the lease itself), within forty years of the date of the purchase, no reversion shall be charged under this Part of this Act on the determination of the lease." That, of course, is that an agreement is not to be allowed to defeat the purpose of the Clause. It occurred to somebody in Committee—and I think it was a very fair objection—that supposing the lease had been made before 30th April, 1909, and would in the ordinary course determine within 40 years from the date of the purchase of the reversion, in such a case as that the benefit of the exemption ought not to be lost.

Drafting Amendments made.

Sir W. ROBSON

moved, after the word "duty," to leave out the words "except so far as the benefit accruing to him by reason of," and to insert instead thereof the words "in excess of the amount by which the total value of the land at the time of."

Mr. JAMES HOPE

I really do not think that the meaning of this is quite clear.

Sir W. ROBSON

It is a mere change of phraseology, making the phraseology to be used correspond with that adopted in a subsequent Amendment. There is no difference whatever in substance.

Question, "That the words proposed to be left out stand part of the Bill," put, and negatived.