Land and Buildings Transaction Tax (Scotland) Act 2013

Notifiable transactions

30 Notifiable transactions

(1) A land transaction is notifiable unless it is—

(a) an exempt transaction,

(b) an acquisition of the ownership of land where the chargeable consideration for the acquisition is less than £40,000,

(c) an acquisition of a chargeable interest other than a major interest in land where the chargeable consideration does not exceed the nil rate tax band applicable to the transaction, or

(d) an acquisition specified in subsection (2).

(2) The following transactions in relation to leases are also not notifiable—

(a) the grant of a lease for a period of 7 years or more where—

(i) any chargeable consideration other than rent is less than £40,000, and

(ii) the relevant rent is less than £1,000,

(b) the assignation or renunciation of a lease where—

(i) the lease was originally granted for a period of 7 years or more, and

(ii) the chargeable consideration for the assignation or renunciation is less than £40,000,

(c) the grant of a lease for a period of less than 7 years where the chargeable consideration does not exceed the nil rate tax band applicable to the transaction, and

(d) the assignation or renunciation of a lease where—

(i) the lease was originally granted for a period of less than 7 years, and

(ii) the chargeable consideration for the assignation or renunciation does not exceed the nil rate tax band applicable to the transaction.

(3) In subsections (1) and (2), “chargeable consideration”—

(a) where the transaction is one of a number of linked transactions, means the total of the chargeable consideration for all the linked transactions,

(b) includes any amount in respect of which tax would be chargeable but for a relief.

(4) In subsection (2)(a)(ii), “relevant rent” means—

(a) the annual rent (as defined in paragraph 9(7) of schedule 19), or

(b) in the case of the grant of a lease to which paragraph 29 of schedule 17 applies, the relevant chargeable proportion of the annual rent (as calculated in accordance with that paragraph).

(5) The exceptions in subsections (1)(a) to (d) and (2) do not apply where the transaction is a transaction that a person is treated as entering into by virtue of section 11(3).

(6) This section has effect subject to—

(a) section 10(3) (substantial performance without completion),

(b) paragraph 17(6) of schedule 2 (arrangements involving public or educational bodies),

(c) paragraph 12 of schedule 7 (alternative property finance), and

(d) paragraph 41 of schedule 17 (transfer of partnership interests).

(7) The Scottish Ministers may, by order, amend subsection (1)(b), (2)(a)(i) or (b)(ii) so as to substitute, for the figure for the time being specified there, a different figure.