Land and buildings transaction tax

FORTHCOMING CHANGE: The Scottish government is conducting a review of LBTT that commenced in spring 2025. Particular areas of focus include the use of non-residential rates for ‘mixed’ transactions, multiple dwellings relief, the 6+ exemption from the additional dwellings supplement, first time buyer relief, the three-yearly lease review returns, and whether something can usefully be done to tie LBTT rates to net zero goals. No change is expected until after the Scottish Parliament elections (which are likely to be held in 2026). It is also considering introducing LBTT reliefs in respect of Co-ownership Authorised Contractual Schemes (CoACS), Property Authorised Investment Funds (PAIFs) and Reserved Investor Funds (RIFs); a consultation document was published on 11 July 2025. For more information, see Practice Note: Scotland: Land and buildings transaction tax (LBTT)—particular transactions and taxpayers—OEICS (including PAIFs), CoACSs and RIFs.

Background to LBTT

Land and buildings transaction tax (LBTT) is a Scottish devolved tax.

Under the provisions of the Land and Buildings Transaction Tax (Scotland) Act 2013 and related secondary legislation, LBTT has applied to Scottish land transactions, ie to the acquisition of chargeable

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Market value, distributions and notional transactions—key SDLT lessons from Tower One St George Wharf Ltd v HMRC

Tax analysis: In Tower One St George Wharf Ltd v HMRC, the Court of Appeal considered the basis on which stamp duty land tax (SDLT) should be assessed and whether that resulted in SDLT being paid on the market value, the actual consideration paid, or on some other basis for a complex transaction within a corporate group. The taxpayer argued that the ‘Case 3’ exception under section 54(4) of the Finance Act 2003 (FA 2003) applied, which would result in SDLT being charged on the actual consideration. HMRC argued that the exception did not apply, which would result in SDLT being paid on the market value of the property. Alternatively, HMRC argued that if the exception did apply then the anti-avoidance provisions at section 75A FA 2003 applied, potentially resulting in an even higher SDLT charge. The Court of Appeal held that although the Case 3 exception applied, the anti-avoidance provision in FA 2003, s 75A also applied. This resulted in SDLT being assessed on an aggregate amount that was even higher than the property's market value (although HMRC did not seek to increase its assessment beyond market value). Therefore, the appeal was dismissed. As explained by Jon Stevens, partner, and Rory Clarke, solicitor, at DWF Law LLP, this decision deals with the interaction of a number of complex SDLT provisions and clarifies the SDLT provisions relating to transfers to connected companies and the SDLT anti-avoidance provisions, with implications for corporate structuring and tax planning.

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