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Land and Buildings Transaction Tax (Scotland) Act 2013

Assignation of lease: responsibility of assignee for returns etc.

307.Paragraph 28 makes clear that where a lease is assigned, then after the effective date of the assignation, the assignee assumes the assignor’s duties in relation to LBTT. Sub-paragraph (2) sets out the relevant provisions of the Act which apply to the assignee. These include the requirement to submit a tax return on every third anniversary of the effective date, in accordance with paragraph 10 of schedule 19. Sub-paragraph (3) requires that anything that was done by the assignor is to be treated as if it was done by the assignee. Sub-paragraph (4) disapplies paragraph 28 in the event that paragraph 27 applies.

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