Inland Revenue v. Irvine and District Water Board [1906] ScotLR 43_649 (05 December 1906)

Inland Revenue v. Irvine and District Water Board [1906] ScotLR 43_649 (05 December 1906)

The statutory transfer of the water undertaking was a conveyance on sale within the meaning of the Stamp Act 1891 and Finance Act 1895, and the total consideration for duty included the cash payment, relief from parliamentary expenses, and the debts and liabilities assumed by the new Board, without deduction for any interest the Corporation of Irvine had in the Board.

Citation
[1906] ScotLR 43_649
Parties
Pursuer: Inland Revenue; Defender: Irvine and District Water Board
Jurisdiction
Scotland
Judgment Date
05 December 1906
Procedural Posture
Exchequer Cause / Inner House, Second Division, Court of Session (final Judgment)
Outcome
Defences repelled; judgment for pursuer.
Legal Topics
Stamp Duty, Conveyance or Transfer on Sale, Statutory Transfer of Undertaking, Calculation of Consideration for Stamp Duty
Revenue Law Property Law Administrative Law Stamp Duty Conveyance or Transfer on Sale Statutory Transfer of Undertaking Calculation of Consideration for Stamp Duty

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Parties

Inland Revenue

Pursuer

Irvine and District Water Board

Defender

Procedural Posture

Exchequer Cause / Inner House, Second Division, Court of Session (final Judgment)

Legal Issues

  1. 1 Whether the statutory transfer of a water undertaking to a new board constituted a 'conveyance on sale' under the Stamp Act 1891 and Finance Act 1895, attracting ad valorem duty.
  2. 2 Whether the consideration for duty calculation included cash payment, relief from parliamentary expenses, and debts/liabilities taken over.

Ratio Decidendi

The statutory transfer of the water undertaking was a conveyance on sale within the meaning of the Stamp Act 1891 and Finance Act 1895, and the total consideration for duty included the cash payment, relief from parliamentary expenses, and the debts and liabilities assumed by the new Board, without deduction for any interest the Corporation of Irvine had in the Board.

Court Disposition

Defences repelled; judgment for pursuer.

Orders

  • Defender to pay £595 15s. as ad valorem conveyance on sale duty with interest at 5% per annum from 1 January 1904.