Q&As

What is the LBTT position where a partnership transfers land to one of its corporate partners?

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Produced in partnership with Ronnie Brown of Burness Paull
Published on LexisPSL on 04/10/2017

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

  • What is the LBTT position where a partnership transfers land to one of its corporate partners?

What is the LBTT position where a partnership transfers land to one of its corporate partners?

This Q&A assumes that:

  1. there are three partners, A and B are individuals and C is a company

  2. there is no lease or rental consideration

  3. the partnership in question is one that falls within paragraph 2 Schedule 17 to the Land and Buildings Transaction Tax (Scotland) Act 2013 (LBTT(S)A 2013)

  4. the partnership is not a property investment partnership

The rules governing the transfer of a chargeable interest in land in Scotland from a partnership are found in LBTT(S)A 2013, Sch 17.

The rules apply where a chargeable interest is transferred from a partnership to a person who is or has been of the partners (ie C) (LBTT(S)A 2013, Sch 17 Pt 5, para 20).

The chargeable consideration for the transfer is determined according to the method in LBTT(S)A 2013, Sch 17 Pt 5, para 21, ie market value of the interest transferred X (100—Sum of lower proportions)%.

The sum of lower proportions (SLP) is calculated in accordance with the steps set out in LBTT(S)A 2013, Sch 17 Pt 5, para 22.

Step 1: identify the ‘relevant owners’, ie any person who:

  1. after the transfer is entitled to a proportion of the chargeable interest, and

  2. before the transfer was a partner or connected with a partner

Since C is the only person after the transfer that

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