Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11)

PART 2 S Key concepts

CHAPTER 2 S Provision about particular transactions

General rules for contracts requiring conveyance S

8 Contract and conveyance S

(1) This section applies where a contract for a land transaction is entered into under which the transaction is to be completed by a conveyance.

(2) A person is not regarded as entering into a land transaction by reason of entering into the contract.

(3) But see sections 9 and 10.

Commencement Information

I1 S. 8 in force at 1.4.2015 by S.S.I. 2015/108, art. 2

9 Completion without substantial performance S

(1) If the transaction is completed without previously having been substantially performed, the contract and the transaction effected on completion are treated as parts of a single land transaction.

(2) In this case the effective date of the transaction is the date of completion.

Modifications etc. (not altering text)

C1 S. 9 applied (1.4.2015) by The Land and Buildings Transaction Tax (Transitional Provisions) (Scotland) Order 2014 (S.S.I. 2014/377), arts. 1, 4(2)

Commencement Information

I2 S. 9 in force at 1.4.2015 by S.S.I. 2015/108, art. 2

10 Substantial performance without completion S

(1) If the contract is substantially performed without having been completed, the contract is treated as if it were itself the transaction provided for in the contract.

(2) In this case the effective date of the transaction is when the contract is substantially performed.

(3) Where subsection (1) applies and the contract is subsequently completed by a conveyance—

(a) both the contract and the transaction effected on completion are notifiable transactions, and

(b) tax is chargeable on the latter transaction to the extent (if any) that the amount of tax chargeable on it is greater than the amount of tax chargeable on the contract.

(4) Where subsection (1) applies and the contract is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of that subsection is to be (to that extent) repaid by the Tax Authority.

(5) That repayment must be claimed by amendment of the land transaction return made in respect of the contract.

[F1 (5A) For the period allowed for amendment of returns, see section 83 of the Revenue Scotland and Tax Powers Act 2014 (asp 16).]

(6) Where paragraph 25 of schedule 19 (leases) applies, it applies in place of this section.

Textual Amendments

F1 S. 10(5A) inserted (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), Sch. 4 para. 9(2) (with ss. 257-259); S.S.I. 2015/110, art. 2(1)

Modifications etc. (not altering text)

C2 S. 10 applied (1.4.2015) by The Land and Buildings Transaction Tax (Transitional Provisions) (Scotland) Order 2014 (S.S.I. 2014/377), arts. 1, 4(2)

C3 S. 10(3)(b) applied (with modifications) (1.4.2015) by The Land and Buildings Transaction Tax (Transitional Provisions) (Scotland) Order 2014 (S.S.I. 2014/377), arts. 1, 4(4)

C4 S. 10(3)(b) applied (with modifications) (1.4.2015) by The Land and Buildings Transaction Tax (Transitional Provisions) (Scotland) Order 2014 (S.S.I. 2014/377), arts. 1, 3(4)

Commencement Information

I3 S. 10 in force at 1.4.2015 by S.S.I. 2015/108, art. 2