Meetings

Paper 3 - The Land Transaction Tax (Transitional Provisions) (Wales) (Amendment) Regulations 2018

The Land Transaction Tax (Transitional Provisions) (Wales) (Amendment) Regulations 2018

The Land Transaction Tax (Transitional Provisions) (Wales) (Amendment) Regulations 2018 - Explanatory Memorandum

7.1 The Committee noted the statutory instrument.

Paper 1 – The Land Transaction Tax (Tax Bands and Tax Rates) (Wales) Regulations 2018

The Land Transaction Tax (Tax Bands and Tax Rates) (Wales) Regulations 2018

The Land Transaction Tax (Tax Bands and Tax Rates) (Wales) Regulations 2018 - Explanatory Memorandum

Paper 2 - The Land Transaction Tax (Specified Amount of Relevant Rent) (Wales) Regulations 2018

The Land Transaction Tax (Specified Amount of Relevant Rent) (Wales) Regulations 2018

The Land Transaction Tax (Specified Amount of Relevant Rent) (Wales) Regulations 2018 - Explanatory Memorandum

Paper 3 - The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018

The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018

The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018 - Explanatory Memorandum

Paper 4 - The Land Transaction Tax (Administration) (Wales) Regulations 2018

The Land Transaction Tax (Administration) (Wales) Regulations 2018

The Land Transaction Tax (Administration) (Wales) Regulations 2018 - Explanatory Memorandum

Paper 5 – The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018

The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018

The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 – Explanatory Memorandum

6.1 The Committee considered the following tax statutory instruments and agreed to report:

·         The Land Transaction Tax (Tax Bands and Tax Rates) (Wales) Regulations 2018

·         The Land Transaction Tax (Specified Amount of Relevant Rent) (Wales) Regulations 2018

·         The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018

·         The Land Transaction Tax (Administration) (Wales) Regulations 2018

·         The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018

NDM6291 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

Supporting Documents
Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill
Explanatory Memorandum
Presiding Officer’s Statement - Section 111A(3) of the Government of Wales Act 2006 - Land Transaction and Anti-avoidance of Devolved Taxes (Wales) Bill

The item started at 18.37

NDM6291 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

The motion was agreed in accordance with Standing Order 12.36.

The amendments will be disposed of in the order that the sections and schedules to which they relate were set out in the motion under Standing Order 26.36 as agreed by the Assembly on 21 March 2017.

The amendments have been grouped for the purposes of debate and the groupings will be debated as follows:

1. Land partly in Wales and partly in England

35, 37, 32, 36, 29

2. Tax rates and bands

38, 39, 33, 40, 41, 42

3. Tax rates and bands - local authority representations

30

4. Higher rates residential properties transactions - major interests

7, 8, 12

5. Technical – cross references

9, 10, 11, 18, 19, 20, 24, 28

6. Technical – drafting improvements

13, 15, 16, 6

7. Higher rates residential properties transactions - deputies

14, 21

8. Higher rates residential properties transactions - inherited property

17

9. Technical - calculation of chargeable consideration

1, 2

10. Technical – definitions

25, 26, 27, 4, 5

11. Technical - partnership transactions: drafting improvements

22, 23

12. Power to amend period in which returns must be made

3

13. Independent review of land transaction tax

31

14. Guidance from Welsh Ministers to WRA on administration of land transaction tax

34

Supporting Documents
Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill
Explanatory Memorandum
Marshalled List of Amendments

Grouping of Amendments

The item started at 13.57

The amendments were disposed of in the order that the sections and schedules to which they relate were set out in the motion under Standing Order 26.36 as agreed by the Assembly on 21 March 2017.

Amendment 35 was withdrawn

Amendment 37 was not moved

A vote was taken on amendment 32:

Amendment 32 was not agreed.

A vote was taken on amendment 36:

Amendment 36 was not agreed.

Amendment 29 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 38:

Amendment 38 was not agreed.

Amendment 39 was not moved.

A vote was taken on amendment 33:

Amendment 33 was not agreed.

Amendment 40 was not moved.

Amendment 30 was withdrawn.

Amendment 7 was agreed, in accordance with Standing Order 12.36

Amendment 8 was agreed, in accordance with Standing Order 12.36

Amendment 9 was agreed, in accordance with Standing Order 12.36

Amendment 10 was agreed, in accordance with Standing Order 12.36

Amendment 11 was agreed, in accordance with Standing Order 12.36

Amendment 12 was agreed, in accordance with Standing Order 12.36

Amendment 13 was agreed, in accordance with Standing Order 12.36

Amendment 14 was agreed, in accordance with Standing Order 12.36

Amendment 15 was agreed, in accordance with Standing Order 12.36

Amendment 16 was agreed, in accordance with Standing Order 12.36

Amendment 17 was agreed, in accordance with Standing Order 12.36

Amendment 18 was agreed, in accordance with Standing Order 12.36

Amendment 19 was agreed, in accordance with Standing Order 12.36

Amendment 20 was agreed, in accordance with Standing Order 12.36

Amendment 21 was agreed, in accordance with Standing Order 12.36

Amendment 41 was not moved.

Amendment 42 was not moved.

Amendment 1 was agreed, in accordance with Standing Order 12.36

Amendment 2 was agreed, in accordance with Standing Order 12.36

Amendment 24 was agreed, in accordance with Standing Order 12.36

Amendment 25 was agreed, in accordance with Standing Order 12.36

Amendment 26 was agreed, in accordance with Standing Order 12.36

Amendment 27 was agreed, in accordance with Standing Order 12.36

Amendment 22 was agreed, in accordance with Standing Order 12.36

Amendment 23 was agreed, in accordance with Standing Order 12.36

Amendment 3 was agreed, in accordance with Standing Order 12.36

Amendment 4 was agreed, in accordance with Standing Order 12.36

Amendment 5 was agreed, in accordance with Standing Order 12.36

Amendment 6 was agreed, in accordance with Standing Order 12.36

Amendment 28 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 31:

Amendment 31 was agreed.

Amendment 34 was withdrawn.

All sections and schedules of the Bill were deemed agreed, concluding Stage 3 proceedings.

NDM6264 Jane Hutt (Vale of Glamorgan)
 
To propose that the National Assembly for Wales in accordance with Standing Order 26.36:

Agrees to dispose of sections and schedules to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill at Stage 3 in the following order:

a) Sections 2-13;
b) Schedule 2;
c) Sections 14-17;
d) Schedule 3;
e) Section 18;
f) Schedule 4;
g) Sections 19-24;
h) Schedule 5;
i) Sections 25-30,
j) Schedules 9-22;
k) Sections 31-32;
l) Schedule 6;
m) Sections 33-41;
n) Schedule 7;
o) Section 42;
p) Schedule 8;
q) Sections 43-76;
r) Schedule 23;
s) Sections 77-81;
t) Section 1;
u) Schedule 1;
v) Long title.

The item started at 16.44

NDM6264 Jane Hutt (Vale of Glamorgan)
 
To propose that the National Assembly for Wales in accordance with Standing Order 26.36:

Agrees to dispose of sections and schedules to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill at Stage 3 in the following order:

a) Sections 2-13;
b) Schedule 2;
c) Sections 14-17;
d) Schedule 3;
e) Section 18;
f) Schedule 4;
g) Sections 19-24;
h) Schedule 5;
i) Sections 25-30,
j) Schedules 9-22;
k) Sections 31-32;
l) Schedule 6;
m) Sections 33-41;
n) Schedule 7;
o) Section 42;
p) Schedule 8;
q) Sections 43-76;
r) Schedule 23;
s) Sections 77-81;
t) Section 1;
u) Schedule 1;
v) Long title.

The motion was agreed in accordance with Standing Order 12.36.

In accordance with Standing Order 26.21 the Committee will dispose of amendments to the Bill in the following order:

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.

Supporting Documents:

Paper 4 – Marshalled List of Amendments

Paper 5 – Groupings of Amendments

Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill as introduced (PDF, 831KB)

Explanatory Memorandum (PDF, 1.3MB)

In attendance:

Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

Andrew Hewitt, Policy Official, Welsh Government

Gareth McMahon, Government Lawyer, Welsh Government

9.1 In accordance with Standing Order 26.21, the Committee disposed of the following amendments to the Bill:

Amendment 44 (Nick Ramsay) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 89 (Mark Reckless) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 90 (Mark Reckless) was not moved.

Amendment 91 (Mark Reckless) was not moved.

Amendment 92 (Mark Reckless)

Amendment 75 (Nick Ramsay) was not moved.

Amendment 45 (Nick Ramsay) was not moved.

Amendment 93 (Mark Reckless)

Amendment 94 (Mark Reckless) was not moved.

Amendment 24 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 25 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 95 (Mark Reckless) was not moved.

Amendment 26A (Steffan Lewis) was not moved.

Amendment 26 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 27 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 28 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 29 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 81 (Steffan Lewis) was not moved.

Amendment 41A (Nick Ramsay)

Amendment 41 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 96 (Mark Reckless) was not moved.

Amendment 97 (Mark Reckless) was not moved.

Amendment 30 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 31 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 32 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 46 (Nick Ramsay) was not moved.

Amendment 82 (Steffan Lewis) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 8 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 9 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 43 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 78 (Nick Ramsay) was not moved.

Amendment 79 (Nick Ramsay) was not moved.

Amendment 80 (Nick Ramsay) was not moved.

Amendment 76 (Nick Ramsay) was not moved.

Amendment 77 (Nick Ramsay) was not moved.

Amendment 42 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 47 (Nick Ramsay) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 48 (Nick Ramsay) was not moved.

Amendment 1 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 49 (Nick Ramsay) was not moved.

Amendment 50 (Nick Ramsay) was not moved.

Amendment 98 (Mark Reckless)

Amendment 51 (Nick Ramsay) was not moved.

Amendment 52 (Nick Ramsay) was not moved.

Amendment 53 (Nick Ramsay) was not moved.

Amendment 54 (Nick Ramsay) was not moved.

Amendment 33 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 34 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 2 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 3 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 4 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 5 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 55 (Nick Ramsay) was not moved.

Amendment 6 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 99 (Mark Reckless) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 83 (Steffan Lewis) – The Member asked to withdraw Amendment 83, however another Member of the Committee objected in accordance with Standing Order 26.66(i).

Amendment 84 (Steffan Lewis) was not moved.

Amendment 56 (Nick Ramsay) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 57 (Nick Ramsay) was not moved.

Amendment 7 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 35 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 100 (Mark Reckless) was not moved.

Amendment 10 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 11 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 12 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 13 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 14 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 15 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 16 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 17 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 18 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 19 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 20 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 21 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 22 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 23 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 58 (Nick Ramsay) was not moved.

Amendment 59 (Nick Ramsay) was not moved.

Amendment 36 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 60 (Nick Ramsay) was not moved.

Amendment 61 (Nick Ramsay) was not moved.

Amendment 37 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 38 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 62 (Nick Ramsay) was not moved.

Amendment 63 (Nick Ramsay) was not moved.

Amendment 64 (Nick Ramsay) was not moved.

Amendment 65 (Nick Ramsay) was not moved.

Amendment 66 (Nick Ramsay) was not moved.

Amendment 67 (Nick Ramsay) was not moved.

Amendment 68 (Nick Ramsay) was not moved.

Amendment 69 (Nick Ramsay) was not moved.

Amendment 70 (Nick Ramsay) was not moved.

Amendment 71 (Nick Ramsay) was not moved.

Amendment 72 (Nick Ramsay) was not moved.

Amendment 39 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 73 (Nick Ramsay) was not moved.

Amendment 74 (Nick Ramsay) was not moved.

Amendment 101 (Mark Reckless) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 85 (Steffan Lewis) was not moved.

Amendment 40 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Business Managers noted a letter from the Chair of the Constitutional and Legislative Affairs Committee asking for the Llywydd’s views on Standing Orders relating to regulations being subject to a provisional affirmative procedure – the new procedure for the scrutiny of regulations relating to tax bands and tax rates.

The Llywydd informed Business Managers that Assembly and Welsh Government officials are working on a process that will address the Committee’s concerns, and will share that advice with the Business Committee and the Constitutional and Legislative Affairs Committee in due course.

Georgina Haarhoff, Head of Tax Policy & Legislation Development, Welsh Government

Repa Antonio, Land Transaction Tax Project Manager, Welsh Government

Andrew Hewitt, Land Transaction Tax Policy Manager, Welsh Government

Mair Hughes, Lawyer, Welsh Government

8.1 The Committee received a Stage 2 technical briefing from: Georgina Haarhoff, Head of Tax Policy & Legislation Development, Welsh Government; Repa Antonio, Land Transaction Tax Project Manager, Welsh Government; Andrew Hewitt, Land Transaction Tax Policy Manager, Welsh Government; and Mair Hughes, Lawyer, Welsh Government on the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

CLA(5)-03-17 – Paper 2 - Correspondence from the Cabinet Secretary for Finance and Local Government, 23 January 2017

3.1a The Committee noted the correspondence to the Chair of the Finance Committee.

CLA(5)-02-17 – Paper 7

5.2a The Committee agreed the draft correspondence.

Paper 10 - Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill – Order of consideration

11.1 The Committee agreed to follow the following order of consideration for Stage 2 amendments to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill:

NDM6194 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The item started at 18.39

NDM6194 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The motion was agreed in accordance with Standing Order 12.36.

NDM6193 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 12 September 2016.

The report of the Finance Committee on the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill was laid before the Assembly on 20 December 2016.

Supporting Documents
The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill
Explanatory Memorandum
Report of the Finance Committee
Report of the Constitutional and Legislative Affairs Committee

The item started at 17.46

NDM6193 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 12 September 2016.

The report of the Finance Committee on the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill was laid before the Assembly on 20 December 2016.

The motion was agreed in accordance with Standing Order 12.36.

Paper 1 - Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill - Draft report

3.1 The Committee agreed the draft report with minor changes.

Paper 2 - Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill – Draft report

5.1 The Committee considered the draft report and agreed to return to it at next week’s meeting.

Paper 10 - Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill – Draft report (chapters 1-4)

4.1 The Committee agreed the first part of the draft report with minor changes.

CLA(5)-11-16 – Paper 8 – Draft report

6.1 The Committee considered the draft report.

CLA(5)-10-16 - Paper 2 – Correspondence from the Committee to the Cabinet Secretary for Finance and Local Government, 21 October 2016

CLA(5)-10-16 - Paper 3 - Correspondence from the Cabinet Secretary for Finance and Local Government to the Committee, 1 November 2016

CLA(5)-10-16 - Paper 4 - Correspondence from the Cabinet Secretary for Finance and Local Government to the Committee, Annex, 1 November 2016

3.1a The Committee noted the correspondence.

CLA(5)-10-16 – Paper 5 – Draft report

5.1 The Committee considered the draft report on the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

Andrew Hewitt, Policy Manager, Welsh Government

Gareth McMahon, Government Lawyer, Welsh Government

8.1 The Committee took evidence from Mark Drakeford AM, Cabinet Secretary for Finance and Local Government, Andrew Hewitt, Policy Manager, Welsh Government and Gareth McMahon, Government Lawyer, Welsh Government.

Paper 10 – Key issues

9.1 The Committee considered the evidence received.

CLA(5)-09-16 – Paper 2 - Correspondence from the Cabinet Secretary for Finance and Local Government, 18 October 2016

3.1a The Committee noted the correspondence.

10.1 The Committee considered the evidence received.

Kate Willis, Technical Officer

Andrew Evans

Paper 3 - Chartered Institute of Taxation – Written evidence

4.1 The Committee took evidence from the Chartered Institute of Taxation.

Kay Powell, Policy Advisor

Nigel Popplewell, CTA (Fellow), Partner, Burges Salmon LLP

Angharad Woodland, Managing Partner, The Woodland Davies Partnership LLP

Paper 6 – Law Society – Written Evidence

6.1 The Committee took evidence from the Law Society.

6.2 Nigel Popplewell agreed to share the Law Society’s synopsis of the number of TAARs in England and Wales with the Committee.

Adam Thomas, Partner – Commercial Property, Geldards

David Jarvis, Partner, Eversheds

Jonathan Evans, Director – Tax, Deloitte LLP

Sarah Delaney, Associate Director, Deliotte LLP

Paper 9 – Geldards – Written Evidence

Paper 10 – Eversheds – Written Evidence

Paper 11 – Deloitte LLP – Written Evidence

8.1 The Committee took evidence from Geldards LLP, Eversheds and Deloitte.

David Morgan, Royal Institution of Chartered Surveyors

Geraint Evans, Royal Institution of Chartered Surveyors

Frank Haskew, Head of Tax, Tax Faculty, Institute of Chartered Accountants in England and Wales

Martin Warren, Director for Wales, Institute of Chartered Accountants in England and Wales

Paper 7 – Royal Institution of Chartered Surveyors – Written Evidence

Paper 8 - The Institute of Chartered Accountants in England and Wales – Written Evidence

7.1 The Committee took evidence from the Royal Institution of Chartered Surveyors and the Institute of Chartered Accountants in England and Wales.

Mark Hayward, Managing Director, National Association of Estate Agents

Douglas Haig, Vice Chair and Director for Wales, Residential Landlords Association

Paper 4 – National Association of Estate Agents – Written Evidence

Paper 5- Residential Landlords Association – Written Evidence

5.1 The Committee took evidence from the National Association of Estate Agents and Residential Landlords Association

CLA(5)-07-16 - Paper 4 - Correspondence from the Llywydd, 16 September 2016

4.1a The Committee noted the correspondence.

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.

Mark Drakeford AM, Cabinet Secretary for Finance and Local Government,

Andrew Hewitt, Welsh Government

Gareth Mc Mahon, Welsh Government

CLA(5)-07-16 – Research Service and Legal Service Briefing

Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill, as introduced (PDF, 831KB)

Explanatory Memorandum (PDF, 1.2MB)

Statement of policy intent, (PDF 251KB)

2.1 The Committee took evidence from the Cabinet Secretary for Finance and Local Government.

8.1 The Committee considered the evidence received.

Joy Bailey, Assistant Land Registrar, Land Registry

Pascal Lalande, Central Operations Manager, Land Registry

Paper 1 - Land Registry: written evidence

6.1 The Committee took evidence from Joy Bailey, Assistant Land Registrar, Land Registry and Pascal Lalande, Central Operations Manager, Land Registry.

6.2 The witnesses agreed to provide the Committee with a copy of the report commissioned by the Land Registry regarding the number of cross-border properties.

Louise Speke, Chief Tax Adviser, Country Land and Business Association

5.1 The Committee took evidence from Louise Speke, Chief Tax Adviser, Country Land and Business Association.

5.2 Louise Speke agreed to provide a note outlining the CLA’s view on the differences between the Targeted Anti-Avoidance Rule (TAAR) provisions in the Stamp Duty Land Tax Act 2015 and the TAAR proposed in the Land Transaction Tax and Anti-Avoidance of Devolved Taxes (Wales) Bill.

Alistair Brown, Director of Financial Strategy, Scottish Government

4.1 The Committee took evidence from Alistair Brown, Director of Financial Strategy, Scottish Government via video conference.

4.2 Alistair Brown agreed to provide the Committee with a note explaining:

·         why the actual set-up costs for Revenue Scotland were higher than originally estimated; and

·         how provisions relating to the provisional affirmative procedure for setting rates and bands are covered in the Land and Buildings Transaction (Scotland) Act 2013.

6.1 The Committee considered the evidence received.

Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

Andrew Hewitt, Policy Manager, Welsh Government

Gareth McMahon, Government Lawyer, Welsh Government

Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill, as introduced (PDF, 831KB)

Explanatory Memorandum (PDF, 1.2MB)

4.1 The Committee scrutinised the Cabinet Secretary for Finance and Local Government on the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

4.2 The Cabinet Secretary agreed to provide a note explaining how he believed that setting the penalty for failure to make a tax return within 12 months of the filing date at 95% of the tax due was proportionate in terms of the European Convention on Human Rights and Fundamental Freedoms.

CLA(5)-05-16 – Paper 7 - Correspondence from the Cabinet Secretary for Finance and Local Government, 13 September 2016

3.1a The Committee noted the correspondence.

Paper 1 – Approach to scrutiny

1.1 The Committee agreed its approach to Stage 1 scrutiny of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Bill.

The Committee discussed a letter from the Chair of the Finance Committee requesting a short extension of the proposed deadline for Stage 1 scrutiny of the Bill, with a reporting deadline of 22 December. The Committee agreed a reporting deadline of 22 December for Stage 1 and 3 March for Stage 2.