Finance Act 2018 (c. 3)

SCHEDULES

SCHEDULE 11 U.K. Stamp duty land tax: higher rates for additional dwellings

Minor and consequential amendments U.K.

7 U.K. In paragraph 2, after sub-paragraph (3) insert—

“(3A) Sub-paragraphs (2) and (3) are subject to paragraph 9A (spouses and civil partners purchasing from one another).”

8 (1) Paragraph 3 is amended as follows. U.K.

(2) After sub-paragraph (1) insert—

“(1A) But sub-paragraph (1) is subject to paragraph 7A.”

(3) In sub-paragraph (7), in the opening words, for “may become” substitute “ is also ”.

9 U.K. In paragraph 6—

(a) after sub-paragraph (1) insert—

“(1A) But sub-paragraph (1) is subject to paragraph 7A.”, and

(b) in sub-paragraph (3) for “and (7)” substitute “ to (8) ”.

10 U.K. In paragraph 8—

(a) in sub-paragraph (1) for “ceases to be” substitute “ is not ”,

(b) in sub-paragraph (2) for “was” substitute “ is ”,

(c) in sub-paragraph (3) for “its ceasing to be a higher rates transaction” substitute “ the application of paragraph 3(7) ”, and

(d) in sub-paragraph (4) for “its ceasing to be a higher rates transaction” substitute “ the application of paragraph 3(7) ”.

11 U.K. In paragraph 9(3) for “paragraph” substitute “ Schedule ”.

12 (1) Paragraph 12 is amended as follows. U.K.

(2) In sub-paragraph (2)(a) after “any” insert “ relevant ”.

(3) For sub-paragraph (3) substitute—

“(3) For the purposes of sub-paragraph (2) a spouse or civil partner of P is “relevant” if the spouse or civil partner—

(a) is not a parent of the child, and

(b) is living together with P (see paragraph 9(3)).”

(4) Omit sub-paragraph (4).

13 U.K. In the italic heading before paragraph 17 omit “, Wales”.

14 (1) Paragraph 17 is amended as follows. U.K.

(2) In sub-paragraph (1) omit “, Wales”.

(3) After sub-paragraph (1) insert—

“(1A) In the application of those provisions in relation to a dwelling situated in Wales—

(a) references to a “major interest” in the dwelling are to an interest in the dwelling of a kind mentioned in section 117(2),

(b) references to a “land transaction” in relation to the dwelling are to the acquisition of an interest in the dwelling, and

(c) references to the “effective date” of a land transaction in relation to the dwelling are to the date on which the interest in the dwelling is acquired.”

(4) In sub-paragraph (3)—

(a) in the words before paragraph (a) after “(1)” insert “ , (1A) ”,

(b) in paragraph (a)—

(i) after “(6)(b)” insert “ , (ba) ”, and

(ii) after “(7)(b)” insert “ , (ba) ”, and

(c) after paragraph (b) insert—

“(ba) paragraph 9B,”

(5) In sub-paragraph (4)—

(a) omit “, Wales”, and

(b) after “any” insert “ relevant ”.

(6) For sub-paragraph (5) substitute—

“(5) For the purposes of sub-paragraph (4) a spouse or civil partner of P is “relevant” if the spouse or civil partner—

(a) is not a parent of the child, and

(b) is living together with P (see paragraph 9(3)).”

(7) Omit sub-paragraph (6).

15 U.K. In section 128(9)(b) of FA 2016 for “ “during that period of three years”” substitute “the words from “during” to “paragraph (b)””.