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Land and Buildings Transaction Tax (Scotland) Act 2013

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[F1PART 5SREPAYMENT OF AND RELIEF FROM THE ADDITIONAL AMOUNT

Repayment of additional amount in certain casesS

8(1)Sub-paragraph (2) applies in relation to a chargeable transaction to which this schedule applies by virtue of paragraph 2 if—S

(a)within the period of 18 months beginning with the day after the effective date of the transaction, the buyer disposes of the ownership of a dwelling (other than one that was or formed part of the subject-matter of the chargeable transaction),

(b)that dwelling was the buyer's only or main residence at any time during the period of 18 months ending with the effective date of the transaction, and

(c)the dwelling that was or formed part of the subject-matter of the transaction has been occupied as the buyer's only or main residence.

(2)Where this sub-paragraph applies—

(a)the chargeable transaction is to be treated as having been exempt from the additional amount, and

(b)if the buyer has made a land transaction return in respect of the transaction, the buyer may take one of the steps mentioned in sub-paragraph (3).

(3)The steps are—

(a)within the period allowed for amendment of the land transaction return, amend the return accordingly, or

(b)after the end of that period (if the land transaction return is not so amended), make a claim to the Tax Authority under section 107 of the Revenue Scotland and Tax Powers Act 2014 for repayment of the amount overpaid.

(4)For the period allowed for amendment of returns, see section 83 of the Revenue Scotland and Tax Powers Act 2014.

(5)In the case of a chargeable transaction to which this schedule applies by virtue of paragraph 2(1)(d)(ii), sub-paragraph (2)(a) has effect only in relation to the additional amount applicable to so much of the relevant consideration for the transaction as is attributable, on a just and reasonable apportionment, to the acquisition of ownership of the dwelling (including any interest or right pertaining to ownership of the dwelling) referred to in sub-paragraph (1)(c).

[F2Repayment of additional amount: spouses, civil partners and cohabitants replacing main residenceS

8A.(1)Sub-paragraph (2) applies in relation to a chargeable transaction to which this schedule applies by virtue of paragraph 2 if—S

(a)there are only two buyers, and

(b)the buyers—

(i)are (in relation to each other) spouses, civil partners or cohabitants, and

(ii)are or will be jointly entitled to ownership of the dwelling that is or forms part of the subject-matter of the transaction.

(2)Paragraph 8 has effect in relation to the transaction as if—

(a)the reference in sub-paragraph (1)(a) of that paragraph to the buyer were a reference to either or both of the buyers, and

(b)the references in sub-paragraph (1)(b) and (c) of that paragraph to the buyer were references to both of the buyers together.

(3)For the purposes of sub-paragraph (1)(b)(i), two buyers are cohabitants if they live together as though married to one another.]

Relief for purchases of 6 or more dwellingsS

9A chargeable transaction is exempt from the additional amount if it is a transaction to which section 59(8) applies.

[F3Relief for spouses, civil partners and cohabitants replacing main residenceS

9A.(1)A chargeable transaction to which this schedule applies by virtue of paragraph 2 is exempt from the additional amount if—S

(a)there are only two buyers,

(b)the buyers—

(i)are (in relation to each other) spouses, civil partners or cohabitants, and

(ii)are or will be jointly entitled to ownership of the dwelling that is or forms part of the subject-matter of the transaction, and

(c)paragraph 2(2) would apply if—

(i)the reference in paragraph (a) of that paragraph to the buyer were a reference to either of the buyers, and

(ii)the references in paragraphs (b) and (c) of that paragraph to the buyer were references to both of the buyers together.

(2)For the purposes of sub-paragraph (1)(b)(i), two buyers are cohabitants if they live together as though married to one another.]

Relief: supplementalS

10(1)A relief under paragraph 9 must be claimed in the first return made in relation to the transaction or in an amendment of that return.S

(2)For the period allowed for amendment of returns, see section 83 of the Revenue Scotland and Tax Powers Act 2014.]

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