Introductory
2
This Part sets out when a chargeable transaction is a “higher rates residential property transaction” for the purpose of regulations under section 24(1)(b) in the case of a transaction involving a dwelling where the buyer is an individual.
Higher rates residential property transactions
3
(1) A chargeable transaction is a higher rates residential property transaction if—
(a) it falls within sub-paragraph (2), and
(b) paragraph 5 applies.
(2) A transaction falls within this sub-paragraph if—
(a) the buyer is an individual,
(b) the main subject-matter of the transaction consists of a major interest in a dwelling (“the purchased dwelling”), and
(c) the chargeable consideration for the transaction is £40,000 or more.
(3) But a transaction does not fall within sub-paragraph (2) if at the end of the day that is the effective date of the transaction—
(a) the purchased dwelling is subject to a lease,
(b) the main subject-matter of the transaction is reversionary on that lease, and
(c) the lease meets the conditions set out in sub-paragraph (4).
(4) The conditions are that—
(a) the lease is not held by a
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