Paragraph 6 F1

United Kingdom

(1)

In this Schedule “first-time buyer” means an individual who—

(a)

has not previously been a purchaser in relation to a land transaction the main subject-matter of which was a major interest in a dwelling,

(b)

has not previously acquired F2—

(i)

an equivalent interest in a dwelling situated in a country or territory outside England, Wales and Northern Ireland, F3or

(ii)

an interest of a kind mentioned in section 117(2) in a dwelling situated in Wales,

(c)

has not previously been, or been one of the persons who was, “the person” for the purposes of section 71A or 73 in a case where the main subject-matter of the first transaction within the meaning of the section concerned was a major interest in a dwelling, and

(d)

would not have been such a person for those purposes in such a case if the provisions mentioned in paragraph (c) had been in force, and had had effect in the country or territory concerned at all material times (subject, where required, to appropriate modifications).

(2)

For the purposes of sub-paragraph (1)(b) and (d), ignore a lease F4or, in the case of a dwelling situated in Wales, a term of years absolute which has less than 21 years to run at the beginning of the day after the date on which it is acquired.

F5(3)

In determining any question for the purposes of sub-paragraph (1), paragraph 3 of Schedule 16 is to have effect as if sub-paragraphs (2) and (3) (trustee of bare trust granted a lease treated as purchaser of the whole of the interest acquired) were omitted.

Annotations

Textual amendments

F1: Sch. 6ZA inserted (with effect in accordance with s. 41(8) of the amending Act) by Finance Act 2018 (c. 3), s. 41(3)
F2: Words in Sch. 6ZA para. 6(1)(b) inserted (1.4.2018 with effect in accordance with s. 16(4)(5) of the amending Act) by Wales Act 2014 (c. 29), s. 29(2)(b)(3), Sch. 2 para. 9A(2)(a); S.I. 2018/214, art. 2(a)
F3: Words in Sch. 6ZA para. 6(1)(b) inserted (1.4.2018 with effect in accordance with s. 16(4)(5) of the amending Act) by Wales Act 2014 (c. 29), s. 29(2)(b)(3), Sch. 2 para. 9A(2)(b); S.I. 2018/214, art. 2(a)
F4: Words in Sch. 6ZA para. 6(2) inserted (1.4.2018 with effect in accordance with s. 16(4)(5) of the amending Act) by Wales Act 2014 (c. 29), s. 29(2)(b)(3), Sch. 2 para. 9A(3); S.I. 2018/214, art. 2(a)
F5: Sch. 6ZA para. 6(3) inserted (with effect in accordance with s. 8(5)(6) of the amending Act) by Finance (No. 2) Act 2024 (c. 12), s. 8(3)

Notes on Schedule 6ZA

Modifications

C1: Sch. 6ZA modified (temp.) (8.2.2023) by Stamp Duty Land Tax (Temporary Relief) Act 2023 (c. 2), s. 1