13. The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019

Part of the debate – in the Senedd at 5:07 pm on 26 March 2019.

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Photo of Rebecca Evans Rebecca Evans Labour 5:07, 26 March 2019

Diolch, Llywydd. I move the Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019, which make a number of changes to the Welsh tax Acts. In the main, these changes are technical in nature and are made to ensure the operation of legislation in the event of the UK leaving the EU without a deal.

These regulations consist of six parts. Part 1 sets out the commencement dates for the various regulations. Except for part 2, which will come into force the day after the regulations are made, the regulations will come into force on exit day, whether that be 11.00 p.m. on 29 March 2019, or the end of any transitional or article 50 extension periods.

Part 2 updates a reference to EU regulations relating to the basic payment scheme for farmers. This change is necessary, Brexit or not, which is why this regulation comes into force on the day after these regulations are made.

Part 3 replaces the definition of a charity for the purposes of charities' relief in the land transaction tax legislation. Currently, the LTT definition depends upon a cross-reference to UK tax legislation. The new Welsh charity definition will provide that relief will only be available to UK registered charities and not, as is the case currently, to those that meet the relevant conditions from EU and European Economic Area sates as well.

Part 4 has a similar effect in relation to co-ownership authorised contractual schemes, known as CoACS, when buying land in Wales. Currently, UK, EU and EEA CoACS are treated, for the purposes of LTT, as though they are companies. This simplifies their tax treatment and results in them being treated in a similar manner to other investment vehicles, such as unit trusts. The new rules will provide that this tax treatment will only be available to schemes authorised under section 261D of the Financial Services and Markets Act 2000 and not, as is the case currently, to those that meet the relevant conditions from the EU and EEA states. 

Part 5 makes three minor changes. Firstly, to remove the restriction on a Member of the European Parliament from being appointed as a non-executive member of the Welsh Revenue Authority. The second and third changes are needed to ensure that two provisions operate in a 'no deal' scenario based on what will become retained EU law and not ongoing and evolving EU law.

Part 6 makes some consequential changes either to reflect changes made by these regulations in other areas of the Welsh tax Acts or to ensure that our legislation is as clear as possible.

I ask Members for their support for these regulations this afternoon.