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

References to “the seller” in cases involving free-standing transfers

139.Paragraph 14 sets out various provisions relating to the identity of the seller in free-standing transfers and where there is a mixture of free-standing transfers and assignments of rights (except where the original contract itself is a free-standing transfer). For the purposes of this paragraph the ”relevant land transaction” is that referred to in sub-paragraph (1)(a) and (b).

140.The general rule (sub-paragraph (2)) is that references to the seller in the relevant land transaction will be read as the seller or transferor under the “first appropriate transaction”, which is the original contract (except where the first appropriate transaction comprises a pre-completion transaction, that meets the conditions listed at sub-paragraph (8)).

141.Sub-paragraph (3) sets out that in the specified provisions (listed at sub-paragraph (4)) references to the seller in a free-standing transfer will be read as:

  • the seller under the original contract;

  • the transferor under the final transaction (defined in sub-paragraph (6)(b)); and

  • the transferor under any relevant pre-completion transaction.

142.Sub-paragraph (5) provides that for the purposes of the linked transaction rules in section 8, references to the seller will be read as that provided for in sub-paragraph (5)(a) to (c).

143.Sub-paragraph (10) clarifies that where the final transaction in a series of two or more contracts is a pre-completion transaction the original contract is the first contract in that series.

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