Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 section Schedule 5 paragraph 6

Where there are two or more buyers who are individuals

Schedule 5 paragraph 6 deals with how the higher rates of land transaction tax apply when there are multiple individual buyers in a single transaction.

  • 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 is subject to higher rates for all buyers.
  • The same principle applies to intermediate transactions under the main residence replacement rules — if the replacement provisions apply to any one buyer, the transaction is treated as a higher rates transaction.
  • In practice, this means that a buyer who would not individually trigger the higher rates can still be caught if their co-purchaser does.

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