{
  "url": "https://openlegislation.uk/land-transaction-tax-and-anti-avoidance-of-devolved-taxes-wales-act-2017/schedule-18/paragraph-5",
  "json_url": "https://openlegislation.uk/land-transaction-tax-and-anti-avoidance-of-devolved-taxes-wales-act-2017/schedule-18/paragraph-5.json",
  "legislation": "anaw/2017/1",
  "legislation_title": "Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017",
  "legislation_url": "https://openlegislation.uk/land-transaction-tax-and-anti-avoidance-of-devolved-taxes-wales-act-2017",
  "path": "schedule/18/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) This paragraph applies where—\n(a) a land transaction is not relieved from tax under paragraph 3 because the buyer is not a qualifying charity, but\n(b) the buyer is a charity (““C””) which intends to hold the greater part of the subject-matter of the transaction for qualifying charitable purposes.\n(2) In such a case—\n(a) paragraphs 3 and 4 have effect as if C were a qualifying charity, but\n(b) for the purposes of paragraph 4, “\"disqualifying event”” includes the following if they are made otherwise than in furtherance of C's charitable purpose—\n(i) any transfer by C of a major interest in the whole or any part of the subject-matter of the relieved transaction;\n(ii) any grant by C at a premium of a low-rental lease of the whole or any part of that subject-matter.\n(3) In relation to a transfer or grant that, by virtue of sub-paragraph (2)(b), is a disqualifying event for the purposes of paragraph 4—\n(a) the date of the disqualifying event for those purposes is the effective date of the relieved transaction, and\n(b) paragraph 4 has effect with the modifications in sub-paragraph (4).\n(4) The modifications to paragraph 4 are—\n(a) sub-paragraph (4) is to have effect as if for ““At the time of”” there were substituted “ Immediately before ”;\n(b) sub-paragraph (6)(a) is to have effect as if for ““at the time of”” there were substituted “ immediately before and immediately after ”;\n(c) sub-paragraph (6) is to have effect as if paragraph (b) were omitted.\n(5) For the purposes of this paragraph—\n(a) a lease is granted ““at a premium”” if there is consideration other than rent, and\n(b) a lease is a ““low-rental”” lease if the annual rent (if any) is less than £1,000 a year.\n(6) In this paragraph—\n(a) “\"annual rent”” has the meaning given by paragraph 36(2) of Schedule 6, and\n(b) “\"rent”” has the same meaning as in that Schedule.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 18 para. 5 in force at 1.4.2018 by S.I. 2018/34, art. 3"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/anaw/2017/1/schedule/18/paragraph/5",
    "retrieved_at": "2026-10-29T20:18:12.749395+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}