Land and Buildings Transaction Tax (Scotland) Act 2013

PART 3Transactions involving bare trusts

Acquisition of chargeable interest by bare trustee

5Where a person (T) acquires a chargeable interest or an interest in a partnership as bare trustee, this Act applies as if the interest were vested in, and the acts of T in relation to it were the acts of the person or persons for whom T is trustee.

6However, any tax due by the person or persons may, without prejudice to any other method of recovery, be recovered from T.

7Paragraphs 5 and 6 do not apply in relation to the grant of a lease.

Grant of lease to bare trustee

8Where a lease is granted to a person as bare trustee, the person is to be treated for the purposes of this Act, as it applies in relation to the grant of a lease, as buyer of the whole of the interest acquired.

Grant of lease by bare trustee

9Where a person, as bare trustee, grants a lease, the person is to be treated for the purposes of this Act, as it applies in relation to the grant of a lease, as seller of the whole of the interest disposed of.