Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 section Schedule 5 paragraph 12

Where there are two or more buyers who are individuals

Section Schedule 5 paragraph 12 deals with how the higher rates rules apply when a property is purchased jointly by two or more individual buyers.

  • When two or more individuals buy a property together, the higher rates test is applied to each buyer separately.
  • If any one of the joint buyers meets the conditions for the higher rates to apply, the entire transaction attracts the higher rates.
  • The same principle applies to intermediate transactions in the context of replacing a main residence — if the rules apply to any one buyer, the transaction is treated as a higher rates transaction.
  • It is not necessary for all buyers to individually trigger the higher rates; a single qualifying buyer is sufficient.

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