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Land and Buildings Transaction Tax (Scotland) Act 2013

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Land and Buildings Transaction Tax (Scotland) Act 2013. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

  3. The Act

    1. Overview

    2. Part 1 – Land and Buildings Transaction Tax

      1. Section 1 – The tax

      2. Section 2 – Overview

    3. Part 2 – Key Concepts

      1. Chapter 1 of Part 2 – Land Transactions and Chargeable Interests

        1. Land transaction

          1. Section 3 – Land transaction

        2. Chargeable interest

          1. Section 4 – Chargeable interest

          2. Section 5 – Exempt interest

          3. Section 6 – Acquisition and disposal of chargeable interest

          4. Section 7 – Buyer and seller

      2. Chapter 2 of Part 2 – Provision about Particular Transactions

        1. General rules for contracts requiring conveyance

          1. Section 8 – Contract and conveyance

          2. Section 9 – Completion without substantial performance

          3. Section 10 – Substantial performance without completion

        2. Contract providing for conveyance to third party

          1. Section 11 – Contract providing for conveyance to third party

        3. Options

          1. Section 12 – Options and rights of pre-emption

        4. Exchanges

          1. Section 13 – Exchanges

        5. Interpretation

          1. Section 14 – Meaning of substantial performance

      3. Chapter 3 of Part 2 – Chargeable Transactions and Chargeable Consideration

        1. Chargeable transaction

          1. Section 15 – Chargeable transaction

          2. Section 16 – Exempt transaction

        2. Chargeable consideration

          1. Section 17 – Chargeable consideration

        3. Contingent, uncertain or unascertained consideration

          1. Section 18 – Contingent consideration

          2. Section 19 – Uncertain or unascertained consideration

          3. Section 20 – Contingent, uncertain or unascertained consideration: further provision

        4. Annuities etc.

          1. Section 21 – Annuities etc.: chargeable consideration limited to 12 years’ payments

        5. Deemed market value

          1. Section 22 – Deemed market value where transaction involves connected company

          2. Section 23 – Exceptions from deemed market value

    4. Part 3 – Calculation of Tax and Reliefs

      1. Amount of tax chargeable

        1. Section 24 – Tax rates and tax bands

        2. Section 25 – Amount of tax chargeable

        3. Section 26 – Amount of tax chargeable: linked transactions

      2. Reliefs

        1. Section 27 – Reliefs

      3. Liability for tax

        1. Section 28 – Liability for tax

    5. Part 4 – Returns and Payment

      1. Chapter 1 of Part 4 - Returns

        1. Duty to make return

          1. Section 29 – Duty to make return

        2. Notifiable transactions

          1. Section 30 – Notifiable transactions

        3. Adjustments and further returns

          1. Section 31 – Return where contingency ceases or consideration ascertained

          2. Section 32 – Contingency ceases or consideration ascertained: less tax payable

          3. Section 33 – Further return where relief withdrawn

          4. Section 34 – Return or further return in consequence of later linked transaction

        4. Returns: form and content etc.

          1. Section 35 – Form and content

          2. Section 36 – Declaration

          3. Section 37 – Amendment

        5. Miscellaneous

          1. Section 38 – Interpretation

          2. Section 39 – Power to amend period in which returns must be made

      2. Chapter 2 of Part 4 –Payment of Tax

        1. Section 40 – Payment of tax

        2. Section 41 – Application to defer payment in case of contingent or uncertain consideration

        3. Section 42 – Regulations about applications under section 41

      3. Chapter 3 of Part 4 – Registration of Land Transactions Etc.

        1. Registration of land transactions etc.

          1. Section 43 – Return to be made and tax paid before application for registration

    6. Part 5 – Application of Act to Certain Persons and Bodies

      1. Section 44 – Companies and other organisations

      2. Section 45 – Unit trust schemes

      3. Section 46 – Open-ended investment companies

      4. Section 47 – Residential property holding companies

      5. Section 48 – Joint buyers

      6. Section 49 – Partnerships

      7. Section 50 – Trusts

      8. Section 51 – Persons acting in a representative capacity etc.

    7. Part 6 – Application of Act to Leases and Licences

      1. Section 52 – Application of this Act to leases

      2. Section 53 – Application of this Act to licences

    8. Part 7 – General and Interpretation

      1. The Tax Authority

        1. Section 54 – The Tax Authority

        2. Section 55 – Delegation of functions to Keeper

        3. Section 56 – Review and appeal

        4. Section 57 – Linked transactions

      2. Connected persons

        1. Section 58 – Connected persons

      3. Interpretation

        1. Section 59 – Meaning of “residential property”

        2. Section 60 – Meaning of “major interest” in land

        3. Section 61 – Meaning of “subject-matter” and “main subject-matter”

        4. Section 62 – Meaning of “market value”

        5. Section 63 – Meaning of “effective date” of a transaction

        6. Section 64 – Meaning of “completion”

        7. Section 65– General interpretation

        8. Section 66 – Index of defined expressions

    9. Part 8 – Final Provisions

      1. Ancillary provision

        1. Section 67 – Ancillary provision

      2. Subordinate legislation

        1. Section 68 – Subordinate legislation

      3. Crown application

        1. Section 69 – Crown application

      4. Commencement and short title

        1. Section 70 – Commencement

        2. Section 71 – Short title

    10. Schedule 1 – Exempt transactions

    11. Schedule 2 – Chargeable consideration

    12. Schedule 3 - Sale and leaseback relief

    13. Schedule 4 – Relief for certain acquisitions of residential property

    14. Schedule 5 – Multiple Dwellings Relief

    15. Schedule 6 – Relief for certain acquisitions by Registered Social Landlords

    16. Schedule 7 – Alternative property finance relief

    17. Schedule 8 – Relief for alternative finance investment bonds

    18. Schedule 9 - Crofting community right to buy relief

    19. Schedule 10 - Group relief

    20. Schedule 11 – Reconstruction relief and acquisition relief

    21. Schedule 12 – Relief for incorporation of limited liability partnership

    22. Schedule 13 – Charities relief

    23. Schedule 14 – Relief for certain compulsory purchases

    24. Schedule 15 – Relief for compliance with planning obligations

    25. Schedule 16 – Public bodies relief

    26. Schedule 17 – Partnerships

    27. Schedule 18 – Trusts

    28. Schedule 19 – Leases

      1. Part 1 - Introductory

      2. Part 2 – Amount of Tax Chargeable: Rent

      3. Part 3 – Amount of Tax Chargeable: Consideration Other Than Rent

      4. Part 4 – Review of Tax Chargeable

      5. Part 5 – Chargeable Consideration: Rent and Consideration Other Than Rent

      6. Part 6 – Other Provisions about Leases

        1. Leases that continue after a fixed term

        2. Leases granted for an indefinite term

        3. Successive linked leases

        4. Rent for overlap period in case of grant of further lease

        5. Agreement for lease substantially performed etc.

        6. Missives of let followed by execution of formal lease

        7. Cases where assignation of lease treated as grant of a lease

        8. Assignation of lease: responsibility of assignee for returns etc.

        9. Reduction of rent or term or other variation of lease

        10. Increase of rent or term: notification

    29. Schedule 20 – Index of defined expressions

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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