Land Transaction Tax

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Land Transaction Tax (LTT) (Welsh : Treth Trafodiadau Tir (TTT)) is a property tax in Wales. It replaced the Stamp Duty Land Tax from 1 April 2018. [1] It became the first Welsh tax in almost 800 years. [2]

An explanation of the tax system in Wales, including the Land Transaction Tax.

LTT is a tax applied to residential and commercial land and buildings transactions (including commercial purchases and commercial leases) where a chargeable interest is acquired. Under the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, a land transaction must be notified to the Welsh Revenue Authority unless it falls within one of the exempt categories contained in the Act. [3]

The Welsh Revenue Authority administers and collects LTT with support from HM Land Registry.

Overview

LTT is usually paid by the solicitor on behalf of the buyer, within 30 days of completion as part of the administrative process to complete the conveyancing transaction, although final responsibility lies with the buyer. Submitting an LTT return and making arrangements to pay the LTT due is a prerequisite for applying for registration of title. [4] LTT is a progressive tax, with its structure designed so that the charge rises more than proportionately to the actual price of the property. The percentage rate for each band in LTT is applied only to the band of the purchase price over the relevant threshold and up to the next threshold. [5]

Proposals for rates and bands were announced by the Minister for Finance Mark Drakeford on 11 December 2017, [2] as part of the annual Draft Budget process and tax calculators are available to help taxpayers and agents determine the amount of LTT due. [6] The proposed tax rates and bands are subject to consultation and Parliamentary scrutiny through the Draft Budget process, led by the Finance Committee of the Senedd.

Rates and bands

Residential property transactions

For residential property transactions made on or after 10 October 2022, the rate of tax is determined by reference to percentages of the chargeable consideration for the transaction falling within the proposed bands below: [7]

Purchase priceLTT rate
Up to and including £225,0000%
Over £225,000 up to and including £400,0006%
Over £400,000 up to and including £750,0007.5%
Over £750,000 up to and including £1,500,00010%
Above £1,500,00012%

Higher residential property rates

The following rates apply for purchasers who already own one or more properties. For purchasers who are replacing their main residence the higher rates may not apply. Companies buying residential properties will have to pay the residential higher rates, as will trusts. [7]

Purchase priceLTT rate
Up to £180,0003%
From £180,000 to £250,0006.5%
From £250,000 to £400,0008%
From £400,000 to £750,00010.5%
From £750,000 to £1,500,00013%
Above £1,500,00015%

The LTT rates increased from the above levels by 1% on 21 December 2020 and by a further 1% in December 2024.

Non-residential property tax rates

The following rates apply for freeholds or leaseholds of shops, offices, or agricultural land. [7]

Purchase priceLTT rate
Up to £150,0000%
From £150,000 to £250,0001%
From £250,000 to £1,000,0005%
Above £1,000,0006%

Non-residential property rent

For rent on the grant of a lease, the lease premium will not be included in the 0% tax band. Rent over the term of the new lease is liable, calculated on the property's net present value (NPV). [7]

NPV thresholdLTT rate
Up to £150,0000%
From £150,000 to £2,000,0001%
Above £2,000,0002%

Note: The thresholds increased by 50% from the above levels on 22/12/2020.

Exemptions

The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 makes provision for the following exemptions from LTT: [8]

References

  1. "Land transaction tax - The Law Society". www.lawsociety.org.uk. Retrieved 12 January 2020.
  2. 1 2 "Written Statement - Land transaction tax rates and bands". GOV.WALES. Retrieved 12 January 2020.
  3. "Land Transaction Tax". Welsh Government. Retrieved 12 January 2020.
  4. "Land and Buildings Transaction Tax (Scotland) Act 2013". legislation.gov.uk. Retrieved 30 January 2015.
  5. "Land and Buildings Transaction Tax". Revenue Scotland. Retrieved 30 January 2015.
  6. "Calculate your tax". lttcalculator.wra.gov.wales. Retrieved 12 January 2020.
  7. 1 2 3 4 "Land Transaction Tax rates and bands". GOV.WALES. Retrieved 12 January 2020.
  8. "Land transactions". GOV.WALES. Retrieved 12 January 2020.