SCHEDULE 13RELIEF FOR ACQUISITIONS INVOLVING MULTIPLE DWELLINGS

Transactions to which this Schedule applies

I13

1

This Schedule applies to a relevant transaction.

2

A ““relevant transaction”” is a chargeable transaction that is—

a

within sub-paragraph (3) or (4), and

b

not excluded by sub-paragraph (5).

3

A transaction is within this sub-paragraph if its main subject-matter consists of—

a

an interest in at least two dwellings, or

b

an interest in at least two dwellings and other property.

4

A transaction is within this sub-paragraph if—

a

its main subject-matter consists of—

i

an interest in a dwelling, or

ii

an interest in a dwelling and other property,

b

it is one of a number of linked transactions, and

c

the main subject-matter of at least one of the other linked transactions consists of —

i

an interest in some other dwelling or dwellings, or

ii

an interest in some other dwelling or dwellings and other property.

5

A transaction is excluded by this sub-paragraph if—

a

paragraph 10 (relief for transactions entered into by persons exercising collective rights) of Schedule 14 applies to it, or

b

relief under Schedule 16 (group relief), Schedule 17 (reconstruction and acquisition relief) or Schedule 18 (charities relief) is available for it (even if such a relief is withdrawn).

6

A reference in this Schedule to an interest in a dwelling is to any chargeable interest in or over a dwelling.

7

But, in the case of a dwelling subject to a lease granted for an initial term of more than 21 years, any interest that is a superior interest in relation to the lease is not to be treated as an interest in a dwelling for the purposes of paragraphs 4 and 5.

8

Sub-paragraph (7) does not apply where—

a

the seller is a qualifying body within the meaning given by paragraph 9(3) of Schedule 15 (relief for certain acquisitions of residential properties by tenants),

b

the transaction is a sale under a sale and leaseback arrangement within the meaning of paragraph 2 of Schedule 9 (sale and leaseback arrangements),

c

that sale is the grant of a leasehold interest, and

d

the leaseback element of that arrangement is relieved from tax under Schedule 9 (sale and leaseback relief).