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

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This is the original version (as it was originally enacted).

What counts as a dwelling

This section has no associated Explanatory Notes

36(1)This paragraph sets out rules for determining what counts as a dwelling for the purposes of this Schedule.

(2)A building or part of a building counts as a dwelling if—

(a)it is used or suitable for use as a dwelling, or

(b)it is in the process of being constructed or adapted for such use.

(3)Land that is, or is to be, occupied or enjoyed with a dwelling as a garden or grounds (including any building or structure on that land) is taken to be part of that dwelling.

(4)Land that subsists, or is to subsist, for the benefit of a dwelling is taken to be part of that dwelling.

(5)The main subject-matter of a transaction is also taken to consist of or include an interest in a dwelling if—

(a)substantial performance of a contract constitutes the effective date of that transaction by virtue of a relevant deeming provision,

(b)the main subject-matter of the transaction consists of or includes an interest in a building, or a part of a building, that is to be constructed or adapted under the contract for use as a dwelling, and

(c)construction or adaptation of the building, or part of a building, has not begun by the time the contract is substantially performed.

(6)In sub-paragraph (5)—

  • “contract” (“contract”) includes any agreement;

  • “relevant deeming provision” (“darpariaeth dybio berthnasol”) means any of sections 10 to 13 or paragraph 8(1) to (5) of Schedule 2 (pre-completion transactions) or paragraph 20 of Schedule 6 (agreement for lease);

  • “substantially performed” (“cyflawni’n sylweddol”) has the same meaning as in section 14.

(7)A building or part of a building used for a purpose specified in section 72(4) or (5) is not used as a dwelling for the purposes of sub-paragraph (2) or (5).

(8)Where a building or part of a building is used for a purpose mentioned in sub-paragraph (7), no account is to be taken for the purposes of sub-paragraph (2) of its suitability for any other use.

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