Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11)

SCHEDULE 6 S Relief for certain acquisitions by registered social landlords

(introduced by section 27)

The relief S

1 S A land transaction under which the buyer is a registered social landlord is exempt from charge if [F1 one or more of] the qualifying conditions are met.

Textual Amendments

F1 Words in Sch. 6 para. 1 inserted (1.4.2015) by The Land and Buildings Transaction Tax (Addition and Modification of Reliefs) (Scotland) Order 2015 (S.S.I. 2015/93), arts. 1(2), 2(3)(a)

Commencement Information

I1 Sch. 6 para. 1 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

The qualifying conditions S

2 S The qualifying conditions are—

(a) that the registered social landlord is controlled by its tenants,

(b) that the seller is one of the following—

(i) a registered social landlord,

(ii) the Scottish Ministers,

(iii) a local authority, [F2 or]

(c) that the transaction is funded with the assistance of a grant or other financial assistance—

(i) made or given by way of a distribution pursuant to section 25 of the National Lottery etc. Act 1993 (c.39) (application of money by distributing bodies), or

(ii) under section 2 of the Housing (Scotland) Act 1988 (c.43) (general functions of the Scottish Ministers).

Textual Amendments

F2 Word in Sch. 6 para. 2(b)(iii) substituted (1.4.2015) by The Land and Buildings Transaction Tax (Addition and Modification of Reliefs) (Scotland) Order 2015 (S.S.I. 2015/93), arts. 1(2), 2(3)(b)

Commencement Information

I2 Sch. 6 para. 2 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

Landlord controlled by tenants S

3 S The reference in paragraph 2(a) to a registered social landlord controlled by its tenants is to a registered social landlord the majority of whose board members are tenants occupying properties owned or managed by it.

Commencement Information

I3 Sch. 6 para. 3 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

4 S For the purposes of paragraph 3, “board member” is to be construed as follows—

Type of registered social landlord	Board member
Company	A director of the company
Body corporate whose affairs are managed by its members	A member
Body of trustees	A trustee
None of the above	A member of the committee of management or other body to which is entrusted the direction of the affairs of the registered social landlord

Commencement Information

I4 Sch. 6 para. 4 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2