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

Modifications of TCMA in relation to partnerships

43 (1) TCMA applies in relation to land transaction tax in respect of a land transaction entered into as buyers by or on behalf of the members of a partnership with the following modifications.

(2) Section 58 (conditions for making WRA assessments) has effect as if subsection (2)(c) were omitted.

(3) Section 59 (time limits for WRA assessments) has effect as if in subsection (7) in the definition of “related person”, paragraph (b) were omitted.

(4) Section 79 (the claimant: partnerships) has effect as if there were substituted for it—

“79 The claimant: partnerships in relation to land transactions

(1) This section is about the application of sections 63 and 63A in a case where—

(a) (in a case falling within section 63(1)(a)) the person paid the amount in question in the capacity of a partner in a partnership (within the meaning of paragraph 3 of Schedule 7 to LTTA),

(b) (in a case falling within section 63(1)(b)) the assessment was made on, or the determination related to the liability of, the person in such a capacity, or

(c) (in a case falling within section 63A(1)) the buyer in the land transaction is a person acting in such a capacity.

(2) In such a case, only a representative partner within the meaning of paragraph 10 of Schedule 7 to LTTA may make a claim under section 63 or 63A in respect of the amount in question.”

(5) Section 80 (assessment of claimant in connection with claim) has effect as if in subsection (2), for “any relevant person (as defined in section 79(3))” there were substituted “a responsible partner within the meaning of paragraph 9 of Schedule 7 to LTTA”.

(6) Section 91 (requiring information and documents in relation to a partnership) has effect as if—

(a) for subsection (1) there were substituted—

“(1) This section applies in relation to a partnership within the meaning of paragraph 3 of Schedule 7 to LTTA.”;

(b) in subsection (2)—

(i) in the opening words, for “one of the partners” (in both places) there were substituted “one of the responsible partners”;

(ii) in paragraphs (a)(iii) and (c), for “at least one of the partners” there were substituted “the representative partner, or where there is no representative partner, to at least one of the responsible partners”;

(c) after subsection (2) there were inserted—

“(3) “Responsible partner” and “representative partner” have the meanings given by paragraphs 9 and 10 of Schedule 7 to LTTA.”

(7) Section 100 (taxpayer notices following a tax return) has effect as if for subsection (6) there were substituted—

“(6) Where any responsible partner in a partnership has made a tax return, this section has effect as if that return had been made by each of the responsible partners.

(6A) “Partnership” and “responsible partner” have the meanings given by paragraphs 3 and 9 of Schedule 7 to LTTA.”