Explanatory Notes

Land and Buildings Transaction Tax (Scotland) Act 2013

2013 asp 11

31 July 2013

The Act

Part 2 – Key Concepts

Chapter 2 of Part 2 – Provision about Particular Transactions
General rules for contracts requiring conveyance
Section 8 – Contract and conveyance

28.Sections 8 and 9 establish the general rule that where a contract is to be completed by a conveyance it is the conveyance that represents the land transaction. This rule will apply in the majority of cases and ensures that a transaction is only charged to LBTT once. In a standard house purchase, the missives of sale are the contract and the disposition is the conveyance.

29.Special rules are provided for in sections 9 to 13.

30.Defined terms used in this section:

“completion”section 64
“contract”section 65
“conveyance”section 65