SCHEDULE 13RELIEF FOR ACQUISITIONS INVOLVING MULTIPLE DWELLINGS
Overview
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This Schedule makes provision about relief available for acquisitions involving multiple dwellings.
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This Schedule is arranged as follows—
a
paragraph 3 identifies the transactions to which this Schedule applies,
b
paragraph 4 defines key terms,
c
paragraph 5 provides for the amount of tax chargeable,
d
paragraphs 6 and 7 make further provision about how the tax is calculated, and
e
paragraph 8 provides for certain buildings which are yet to be constructed or adapted to be treated as dwellings for the purposes of this Schedule.
Transactions to which this Schedule applies
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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(reconstruction and acquisition relief) or Schedule 18 (charities relief) is available for it (even if such a relief is withdrawn).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).
Key terms
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1
““The consideration attributable to dwellings”” is—
a
for a single dwelling transaction, so much of the chargeable consideration for the transaction as is attributable to the dwelling;
b
for a multiple dwelling transaction, so much of the chargeable consideration for the transaction as is attributable to the dwellings in total.
2
““The remaining consideration”” is the chargeable consideration for the transaction less the consideration attributable to dwellings.
3
A relevant transaction is a ““single dwelling transaction”” if its main subject-matter consists of—
a
an interest in a dwelling, or
b
an interest in a dwelling and other property.
4
A relevant transaction is a ““multiple dwelling transaction”” 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.
5
“"Attributable”” means attributable on a just and reasonable apportionment.
The amount of tax chargeable
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1
If relief under this Schedule is claimed for a relevant transaction, the amount of tax chargeable in respect of the transaction is the sum of—
a
the tax related to the consideration attributable to dwellings, and
b
the tax related to the remaining consideration (if any).
2
If the whole or part of the chargeable consideration for a relevant transaction is rent, sub-paragraph (1) has effect subject to Part 5 of Schedule 6 (leases: calculation of tax chargeable).
Certain buildings not yet constructed or adapted to count as a dwelling
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1
For the purposes of this Schedule, the main subject-matter of a transaction is to be 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 the part of a building, has not begun by the time the contract is substantially performed.
2
In sub-paragraph (1)—
“"contract”” (“"contract”") includes any agreement;
““relevant deeming provision””(““darpariaeth dybio berthnasol””) means any of—
- a
section 10 (contract and transfer),
- b
section 11 (contract providing transfer to third party),
- c
paragraph 8(1) to (5) of Schedule 2 (assignment of rights: transferor treated as making a separate acquisition), or
- d
paragraph 20 of Schedule 6 (agreement for lease);
- a
“"substantially performed”” (“"cyflawni'n sylweddol”") has the meaning given by section 14.
3
Subsections (4) to (7) of section 72 (meaning of residential property) apply for the purposes of this paragraph as they apply for the purposes of subsection (1)(a) of that section.