Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 section 10

Withdrawal of relief: exclusive qualifying use requirement

Schedule 21A paragraph 10 defines the concept of a "relieved transaction" and sets out the circumstances in which relief previously granted under Part 2 of the Schedule will be withdrawn if the qualifying land is not used exclusively in a qualifying manner during the control period.

• Relief is withdrawn if, at any point during the control period, the qualifying land ceases to be used exclusively in a qualifying manner.
• Relief is not withdrawn where the failure to use the land in a qualifying manner results from unforeseen circumstances beyond the buyer's control, and it would be unreasonable to expect qualifying use at that time.
• Land where qualifying use has not yet started is treated as being used in a qualifying manner provided reasonable steps are being taken to bring it into qualifying use.
• Land where qualifying use has ceased is treated as still qualifying if reasonable steps are being taken either to resume qualifying use or to dispose of the buyer's (and connected persons') chargeable interests in a timely manner.