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Textual Amendments
F1Sch. 2A inserted (1.4.2016) by Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016 (asp 11), ss. 1(3), 5(2) (with s. 3)
6(1)For the purposes of paragraph 2(1)(c), a dwelling which is owned by—S
(a)the buyer's spouse or civil partner,
(b)the buyer's cohabitant,
(c)a person aged under 16 who is a child of—
(i)the buyer,
(ii)the buyer's spouse or civil partner, or
(iii)the buyer's cohabitant,
is to be treated as being owned by the buyer.
[F2(1A)For the purposes of paragraph 8(1), a dwelling which is disposed of by—
(a)the buyer’s spouse or civil partner,
(b)the buyer’s cohabitant,
(c)a person aged under 16 who is a child of—
(i)the buyer,
(ii)the buyer’s spouse or civil partner, or
(iii)the buyer’s cohabitant,
is to be treated as being disposed of by the buyer.]
(2)Sub-paragraphs (1)(a) [F3, (1)(c)(ii), (1A)(a) and (1A)(c)(ii)] do not apply if the buyer and the buyer's spouse or civil partner have separated.
(3)For the purposes of sub-paragraph (2), the parties have separated if—
(a)they no longer live together, and
(b)they do not intend to live together again.
(4)For the purposes of sub-paragraphs (1)(b) [F4, (1)(c)(iii), (1A)(b) and (1A)(c)(iii)], a person is the buyer's cohabitant if the two of them live together as though married to one another.]
Textual Amendments
F2Sch. 2A para. 6(1A) inserted (1.4.2024) by The Land and Buildings Transaction Tax (Miscellaneous Amendments) (Scotland) Order 2024 (S.S.I. 2024/104), arts. 1, 6(a)
F3Words in sch. 2A para. 6(2) substituted (1.4.2024) by The Land and Buildings Transaction Tax (Miscellaneous Amendments) (Scotland) Order 2024 (S.S.I. 2024/104), arts. 1, 6(b)
F4Words in sch. 2A para. 6(4) substituted (1.4.2024) by The Land and Buildings Transaction Tax (Miscellaneous Amendments) (Scotland) Order 2024 (S.S.I. 2024/104), arts. 1, 6(c)