Landfill Disposals Tax (Wales) Act 2017 section 87

Power to make provision about transfers of businesses as going concerns

Section 87 enables the Welsh Ministers to make regulations ensuring continuity of landfill disposals tax obligations when a landfill business is sold or transferred as a going concern from one person to another.

• Regulations may require the Welsh Revenue Authority (WRA) to be notified when a landfill business is transferred as a going concern, and may transfer existing tax liabilities, duties, and entitlements from the seller to the buyer.
• Anything done by or in relation to the original operator before the transfer can be treated as having been done by or in relation to the new operator, ensuring seamless continuity for tax purposes.
• The transfer of these obligations and entitlements may be subject to conditions, including a requirement for WRA approval, with provisions governing how applications for such approval are made and determined.
• The regulations may include penalties for non-compliance, provisions for reviews and appeals, and may amend or apply existing tax legislation with or without modifications.