- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As enacted)
Point in time view as at 01/04/2015.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Land and Buildings Transaction Tax (Scotland) Act 2013. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
36SCompanies are members of the same group if one is the 75% subsidiary of the other or both are 75% subsidiaries of a third company.
Commencement Information
I1 Sch. 11 para. 36 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2
37SA company (A) is the 75% subsidiary of another company (B) if B—
(a)is beneficial owner of not less than 75% of the ordinary share capital of A,
(b)is beneficially entitled to not less than 75% of any profits available for distribution to equity holders of A, and
(c)would be beneficially entitled to not less than 75% of any assets of A available for distribution to its equity holders on a winding-up.
Commencement Information
I2 Sch. 11 para. 37 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2
38SFor the purposes of paragraph 37—
(a)the ownership referred to in that paragraph is ownership either directly or through another company or companies, and
(b)the amount of ordinary share capital of A owned by B through another company or companies is to be determined in accordance with sections 1155 to 1157 of the Corporation Tax Act 2010 (c.4).
Commencement Information
I3 Sch. 11 para. 38 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2
39S“ ”, in relation to a company, means all the issued share capital (by whatever name called) of the company, other than capital the holders of which have a right to a dividend at a fixed rate but have no other right to share in the profits of the company.
Commencement Information
I4 Sch. 11 para. 39 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2
40SChapter 6 of Part 5 of the Corporation Tax Act 2010 (c.4) (group relief: equity holders and profits or assets available for distribution) applies for the purposes of paragraph 37(b) and (c) as it applies for the purposes of section 151(4)(a) and (b) of that Act.
Commencement Information
I5 Sch. 11 para. 40 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2
41SBut sections 171(1)(b) and (3), 173, 174 and 176 to 178 of that Chapter are to be treated as omitted for the purposes of paragraph 37(b) and (c).
Commencement Information
I6 Sch. 11 para. 41 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2
42SIn this schedule—
“arrangements” include any scheme, agreement or understanding, whether or not legally enforceable,
“
” means shares that are not redeemable shares.Commencement Information
I7 Sch. 11 para. 42 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: