Decision details
Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill: Consideration of Evidence
Decision Maker: Business Committee - Fifth Senedd, Finance Committee - Fifth Senedd, Plenary - Fifth Senedd, Legislation, Justice and Constitution Committee - Fifth Senedd
Status: Complete
Is Key decision?: Yes
Purpose:
A Welsh Government Bill, introduced by Mark Drakeford AM, Cabinet Secretary for Finance and Local Government. The Business Committee remitted the Bill to the Finance Committee.
About the Bill
The Bill included
provision for introducing a “Land Transaction
Tax” (LTT) to replace the UK Stamp Duty Land Tax in Wales from April 2018
and measures to tackle the avoidance of devolved taxes. The Bill set out:
- the key
principles of LTT, such as the types of transactions that would incur a
charge to LTT and the person liable to pay LTT;
- the procedure
for setting tax rates and bands;
- how the tax
would be calculated and what reliefs may apply;
- specific
measures to tackle devolved tax avoidance;
- the
application of the Bill in relation to leases;
- the specific
provisions applicable to a variety of persons and bodies in respect of
LTT;
- the provision
for making a land transaction return and for the payment of the tax; and
- duties on
taxpayers to make payments and pay penalties and interest in certain
circumstances.
Further detail about the Bill can be found in its accompanying Explanatory Memorandum.
Current Stage
The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (external website) became law in Wales (external website) on 24 May 2017.
Record of Passage in the
National Assembly for Wales
The
following table sets out the dates for each stage of the Bill’s passage through
the National Assembly for Wales.
Stage |
Documents |
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Bill introduced: 12 September 2016 |
Land
Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill, as
introduced (831KB) Explanatory
Memorandum (PDF, 1.3MB) Presiding
Officer’s Statement: 12 September 2016 (PDF, 126KB) Business
Committee’s Report on the timetable for consideration of the Bill: 13
September (PDF, 58KB) Statement
of policy intent (PDF, 251KB) Legislative
glossary (Welsh language version only (PDF, 208KB) Technical glossary (PDF,
187KB) |
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Stage 1: Committee considerations of general principles |
The Finance Committee issued a call for evidence, which closed on 21 October 2016. Committee dates The Finance Committee considered the Bill on the following dates:
Additional information Letter
from the Presiding Officer to the Chair – 16 September 2016 (PDF, 378KB) Letter
from the Cabinet Secretary for Finance and Local Government – 28 September
2016 (PDF, 139KB) Letter from the Chair of Finance Committee to Alistair Brown, Scottish Government - 04 October 2016 (PDF, 161KB) Letter from the Chair of Finance Committee to the Cabinet Secretary for Finance and Local Government - 5 October 2016 (PDF, 135KB) Letter from the Cabinet Secretary for Finance and Local Government - 11 October 2016 (PDF, 122KB) Letter from the Cabinet Secretary for Finance and Local Government to the Finance Committee -2 November 2016 (PDF, 474KB) The Constitutional and Legislative Affairs
Committee considered the Bill on the following dates:
Following
the meeting on 3 October 2016 the:
Committee
reports Finance
Committee Stage 1 Report – December 2016 (PDF, 997KB) Joint
letter from the Welsh Government and HMRC on the transition of devolved Welsh
taxes - 26 January 2017 (PDF, 156KB) Letter
from the Cabinet Secretary for Finance and Local Government to the Finance
Committee - 20 March 2017 (PDF, 49KB) Constitutional and Legislative Affairs Committee Stage 1 report (PDF, 1MB) |
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Stage 1: Debate in Plenary on general principles |
A debate took place in Plenary on 10
January 2017. The motion to agree the general principles of the Bill was
agreed. |
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Financial Resolution |
A Financial Resolution was agreed in Plenary on 10
January 2017. |
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Stage 2: Committee consideration of amendments |
The
Finance Committee agreed on 19
January 2017, under Standing Order 26.21, that the order of consideration
for Stage 2 proceedings will be: Sections 2-13; Schedule 2; Sections 14-17;
Schedule 3; Section 18; Schedule 4; Sections 19-30; Schedules 8-21; Sections
31-32; Schedule 5; Sections 33-40; Schedule 6; Section 41; Schedule 7;
Sections 42-75; Schedule 22; Sections 76-80; Section 1; Schedule 1; Long
title. Stage 2 consideration took place in Committee on Thursday
16 February 2017. Notices of Amendments |
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Stage 3: Plenary consideration of amendments |
Following the completion of Stage 2 proceedings,
Stage 3 commenced on 17 February 2017.
The National Assembly for Wales agreed on 21
March 2017, under Standing Order 26.36, that the order of consideration
for Stage 3 proceedings will be: Sections 2-13; Schedule 2; Sections 14-17;
Schedule 3; Section 18; Schedule 4; Sections 19-24; Schedule 5; Sections
25-30; Schedules 9-22; Sections 31-32; Schedule 6; Sections 33-41; Schedule
7; Section 42; Schedule 8; Sections 43-76; Schedule 23; Sections 77-81;
Section 1; Schedule 1; Long title. Stage 3 consideration and disposal of amendments
took place in Plenary on 28
March 2017. All sections and Schedules of the Bill were
deemed agreed. Notices of Amendments Notice
of Amendments – 16 March 2017 (PDF, 128KB) Welsh
Government: Purpose and Effect table - 16 March 2017 (PDF, 194KB) Notice
of Amendments – 20 March 2017 (PDF, 69KB) Notice
of Amendments – 21 March 2017 (PDF, 85KB) Technical
note from the Cabinet Secretary for Finance and Local Government – Stage 3
amendments – 23 March 2017 (PDF, 251KB) Marshalled
List of Amendments (Version 2) – 23 March 2017 (PDF, 137KB) Groupings
of Amendments – 23 March 2017 (PDF, 71KB) Bill as amended Land
Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill, as amended
at Stage 3 (PDF, 1MB) (Amendments to the Bill since the previous
version are indicated by sidelining in the right margin). Please note that
this version may be subject to non-substantive changes/printing corrections. Printing
Changes to the Bill as amended at Stage 3 (PDF, 198KB) |
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Stage 4: Passing of the Bill in Plenary |
The Bill was agreed by the Assembly in accordance
with Standing Order 12.36 on 4
April 2017. Land
Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill, as passed (PDF, 1 MB) Printing
Changes to the Bill as passed (PDF, 247KB) |
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Post-stage 4 |
The
Attorney
General (PDF, 37KB) and Counsel
General (PDF, 176KB) wrote to the Chief Executive and Clerk of the
Assembly to advise that they would not be referring the Land Transaction Tax and
Anti-avoidance of Devolved Taxes (Wales) Bill to the Supreme Court under
Sections 112 or 114 of the Government of Wales Act 2006. |
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Date of Royal Assent |
Royal
Assent (PDF, 49KB) was given on 24 May 2017. |
Contact information
Phone:
0300 200 6565
Postal address:
Welsh
Parliament
Cardiff
Bay
Cardiff
CF99
1SN
Email: Legislation@senedd.wales
Decisions:
6.1
The Committee considered the evidence received.
6.2
The Committee agreed to write to the Cabinet Secretary for Finance and Local
Government to seek further information.
Publication date: 18/01/2017
Date of decision: 03/10/2016
Decided at meeting: 03/10/2016 - Legislation, Justice and Constitution Committee - Fifth Senedd