Search Legislation

Land and Buildings Transaction Tax (Scotland) Act 2013

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Withdrawal of relief

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Land and Buildings Transaction Tax (Scotland) Act 2013, Cross Heading: Withdrawal of relief. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Withdrawal of reliefS

4Relief under this schedule is withdrawn, or partially withdrawn, if—

(a)a disqualifying event occurs—

(i)before the end of the period of 3 years beginning with the effective date of the transaction which was exempt from charge under this schedule (“the relevant transaction”), or

(ii)in pursuance of, or in connection with, arrangements made before the end of that period, and

(b)at the time of the disqualifying event the buyer holds a chargeable interest—

(i)that was acquired by the buyer under the relevant transaction, or

(ii)that is derived from an interest so acquired.

Commencement Information

I1 Sch. 13 para. 4 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

5A “disqualifying event” means—

(a)the buyer ceasing to be established for charitable purposes only, or

(b)the subject-matter of the relevant transaction, or any interest or right derived from it, being held or used by the buyer otherwise than for qualifying charitable purposes.

Commencement Information

I2 Sch. 13 para. 5 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

6Where the relevant transaction is exempt from charge by virtue of qualifying condition (a)(ii), the following are also disqualifying events—

(a)any transfer by the buyer of a major interest in the whole or any part of the subject-matter of the relevant transaction, or

(b)any grant by the buyer at a premium of a low-rental lease of the whole or any part of that subject-matter,

that is not made for the charitable purposes of the buyer.

Commencement Information

I3 Sch. 13 para. 6 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

7A lease—

(a)is granted “at a premium” if there is consideration other than rent, and

(b)is a “low-rental” lease if the annual rent (if any) is less than £1,000 a year.

Commencement Information

I4 Sch. 13 para. 7 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

8Where relief is withdrawn, the amount of tax chargeable is the amount that would have been chargeable in respect of the relevant transaction but for the relief.

Commencement Information

I5 Sch. 13 para. 8 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

9Where relief is partially withdrawn, the amount of tax chargeable is an appropriate proportion of the tax that would have been chargeable but for the relief.

Commencement Information

I6 Sch. 13 para. 9 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

10An “appropriate proportion” means an appropriate proportion having regard to—

(a)what was acquired by the buyer under the relevant transaction and what is held by the buyer at the time of the disqualifying event, and

(b)the extent to which what is held by the buyer at that time becomes used or held for purposes other than qualifying charitable purposes.

Commencement Information

I7 Sch. 13 para. 10 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

11In relation to a transfer or grant that is, by virtue of paragraph 6, a disqualifying event—

(a)the date of the event for the purposes of paragraph 4 is the effective date of the transfer or grant,

(b)paragraph 4(b) has effect as if, for “at the time” there were substituted “ immediately before ”,

(c)paragraph 10 has effect as if—

(i)in paragraph (a), for “at the time of” there were substituted “ immediately before and immediately after ”,

(ii)paragraph (b) were omitted.

Commencement Information

I8 Sch. 13 para. 11 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government 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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources