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

Assents and appropriations by personal representatives

This section has no associated Explanatory Notes

5(1)The acquisition of property by a person in or towards satisfaction of the person’s entitlement under or in relation to the will of a deceased person, or on the intestacy of a deceased person, is exempt from charge.

(2)Sub-paragraph (1) does not apply if the person acquiring the property gives any consideration for it, other than the assumption of secured debt.

(3)Where sub-paragraph (1) does not apply because of sub-paragraph (2), the chargeable consideration for the transaction is determined in accordance with paragraph 9(1) of Schedule 4.

(4)In this paragraph—

  • “debt” (“dyled”) means an obligation, whether certain or contingent, to pay a sum of money either immediately or at a future date, and

  • “secured debt” (“dyled sicredig”) means debt that, immediately after the death of the deceased person, is secured on the property.