Scotland: Land and buildings transaction tax (LBTT)—particular transactions and taxpayers
Produced in partnership with Ronnie Brown of Burness Paull
Scotland: Land and buildings transaction tax (LBTT)—particular transactions and taxpayers

The following Tax practice note produced in partnership with Ronnie Brown of Burness Paull provides comprehensive and up to date legal information covering:

  • Scotland: Land and buildings transaction tax (LBTT)—particular transactions and taxpayers
  • Leases and licences
  • Tacit relocation (broadly equivalent to English holding over)
  • Options and rights of pre-emption
  • Contract providing for conveyance to third party
  • Sub-sale development relief
  • Exchanges
  • Partitions
  • Partnerships
  • Joint buyers
  • More...

FORTHCOMING CHANGE relating to PAIFs and CoACS: The Scottish government announced in its budget 2019–2020 that it intends to introduce two reliefs following further consultation: a relief for the seeding of properties into a property authorised investment fund (PAIF) or Co-owned authorised contractual scheme (CoACS) and a relief for when units in CoACS are exchanged. At Scottish Budget 2020–21 the Scottish government announced that it would consult on draft legislation for the two reliefs in 2020–21. In was announced at Scottish Budget 2020–21 that this would be delayed.

The background to and general concepts applicable to land and buildings transactions tax (LBTT) are set out in Practice Note: Scotland: Land and buildings transaction tax (LBTT)—the basics.

This Practice Note summarises how LBTT applies to certain particular categories of transactions and taxpayers, including:

  1. leases and licences

  2. options and right of pre-emption

  3. contract providing for conveyance to third party

  4. sub-sale development relief

  5. exchanges and partitions

  6. partnerships

  7. residential property holding companies

  8. trusts

  9. open ended investment companies (OEICs)

  10. charities

  11. group relief, and

  12. pension funds

For information about chargeable consideration and rates of LBTT, see Practice Note: Scotland: Land and buildings transaction tax (LBTT)—chargeable consideration and rates of LBTT.

Leases and licences

Under the LBTT legislation, leases are treated, by nature, as land transactions that are liable to LBTT, whereas licences are not within the scope of the tax without special provision to

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