6., 7. & 8. The Landfill Disposals Tax (Tax Rates) (Wales) (Amendment) (No. 2) Regulations 2020, The Land Transaction Tax (Tax Bands and Tax Rates) (Wales) (Amendment) Regulations 2020 and The Land Transaction Tax (Specified Amount of Relevant Rent) (Wales) (Amendment) Regulations 2021

Part of the debate – in the Senedd at 5:21 pm on 2 February 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 5:21, 2 February 2021

Thank you, Dirprwy Lywydd. In respect of items 6, 7 and 8, we considered these three sets of regulations at our meeting of 11 January and we laid our report on the same day. Our report on the Land Transaction Tax (Specified Amount of Relevant Rent) (Wales) (Amendment) Regulations 2021 raised no issues of note, so I'll therefore focus on the remaining two instruments for the purpose of this debate.

Our report on the Land Transaction Tax (Tax Bands and Tax Rates) (Wales) (Amendment) Regulations 2020 raised a number of technical points. Our first point noted that the Welsh Government had failed to cite one of the enabling powers used to make these regulations, and whilst we agree with Welsh Government's position that this does not alter the effect of the regulations, we welcome its commitment to make the necessary amendments at the next available opportunity, just for the sake of legal clarity.

The additional technical points we raised related to minor inconsistencies and drafting issues in the regulations, and again, we welcome the Welsh Government's confirmation that it will seek to correct these errors.

Our first merits point in relation to these regulations highlighted the short notice of the changes made by these regulations, and we are aware that the Minister has received correspondence from the sector on this very point. In this response to our reporting point, the Welsh Government stated that the changes came into effect shortly after they were announced to limit the opportunities of taxpayers to bring forward transactions to avoid the increase in the rates as set out by the regulations.

Our second merits point noted these regulations revised tax bands and percentage tax rates for certain transactions subject to land transaction tax collected by the Welsh Revenue Authority. Amounts collected by the Welsh Revenue Authority must be paid into the Welsh consolidated fund. A similar merits point was raised in our report on the Landfill Disposals Tax (Tax Rates) (Wales) (Amendment) (No. 2) Regulations 2020, and as the Minister has said, these regulations prescribed the three rates of landfill disposals tax in Wales collected by the Welsh Revenue Authority in exercise of its functions and paid into the Welsh consolidated fund. Diolch, Dirprwy Lywydd.