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Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016

Paragraph 17 of schedule 2A – Deemed ownership: joint owners and owners of shares

71.Paragraph 17 – which considers existing ownership – is separate to paragraph 5 of schedule 2A – which is relevant to a chargeable transaction – and applies even when the new purchase does not involve joint ownership or shares, so looks at the ownership of existing properties when consideration of the additional amount of tax applies.

72.A person might own a share in existing residential property through a “shared ownership” scheme, for example an 80% share with the other share being owned by a public authority or developer. A person might also own a part share for other reasons. Paragraph 17 treats such persons as if they were the 100% owner.

73.Interpretative provisions of the 2013 Act relevant to Paragraph 17—

“dwelling”Part 6 of schedule 5
“jointly entitled”section 65.

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