PART 4 E+WBUYER IS NOT AN INDIVIDUAL
Modifications etc. (not altering text)
C1Sch. 5 applied (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126), regs. 1(2), 12
IntroductoryE+W
19E+WThis Part sets out when a chargeable transaction where the buyer is not an individual is a ““higher rates residential property transaction”” for the purpose of regulations under section 24(1)(b).
Commencement Information
I1Sch. 5 para. 19 in force at 1.4.2018 by S.I. 2018/34, art. 3
Transaction involving a dwellingE+W
20(1)A chargeable transaction is a higher rates residential property transaction if—E+W
(a)the buyer is not an individual,
(b)the main subject-matter of the transaction consists of a major interest in a dwelling (““the purchased dwelling””), and
(c)the chargeable consideration for the dwelling is £40,000 or more.
(2)But a transaction is not a higher rates residential property transaction under sub-paragraph (1) if at the end of the day that is the effective date of the transaction—
(a)the purchased dwelling is subject to a lease,
(b)the main subject-matter of the transaction is reversionary on that lease, and
(c)the lease meets the conditions set out in sub-paragraph (3).
(3)The conditions are that—
(a)the lease is not held by a person connected with the buyer, and
(b)the lease has an unexpired term of more than 21 years.
Commencement Information
I2Sch. 5 para. 20 in force at 1.4.2018 by S.I. 2018/34, art. 3
Transaction involving multiple dwellingsE+W
21(1)A chargeable transaction is a higher rates residential property transaction if—E+W
(a)the buyer is not an individual,
(b)the main subject-matter of the transaction consists of a major interest in two or more dwellings (““the purchased dwellings””), and
(c)at least one of the purchased dwellings is a dwelling to which sub-paragraph (2) applies.
(2)This sub-paragraph applies to a purchased dwelling if the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to the purchased dwelling is £40,000 or more.
(3)But sub-paragraph (2) does not apply to a purchased dwelling if at the end of the day that is the effective date of the transaction—
(a)the purchased dwelling is subject to a lease,
(b)the main subject-matter of the transaction is reversionary on that lease, and
(c)the lease meets the conditions set out in sub-paragraph (4).
(4)The conditions are that—
(a)the lease is not held by a person connected with the buyer, and
(b)the lease has an unexpired term of more than 21 years.
(5)A transaction within section 72(9) is not a higher rates residential property transaction save where Schedule 13 applies (see in particular paragraph 6(6) of that Schedule).
Commencement Information
I3Sch. 5 para. 21 in force at 1.4.2018 by S.I. 2018/34, art. 3
Two or more buyersE+W
22E+WWhere there are two or more buyers in a transaction, the transaction is a higher rates residential property transaction if paragraph 20 or 21 applies in relation to any one of the buyers.
Commencement Information
I4Sch. 5 para. 22 in force at 1.4.2018 by S.I. 2018/34, art. 3