Revenue Scotland and Tax Powers Act 2014

248 Application of this Part to trustees

(1) This section applies where, in relation to land and buildings transaction tax, the buyers in the land transaction are a trust.

(2) In a case where some (but not all) of the trustees give notice of review under section 235—

(a) notification of the review must be given by Revenue Scotland to each of the other relevant trustees whose identity is known to it,

(b) any of the other relevant trustees may be a party to the review if they notify Revenue Scotland,

(c) the agreement of all the relevant trustees is required if the review is to be settled by agreement,

(d) if the review is not settled, notice of Revenue Scotland’s conclusions must be given to each of the relevant trustees whose identity is known to Revenue Scotland, and

(e) section 240 (effect of conclusions of review) applies in relation to all of the relevant trustees.

(3) In a case where the trust and Revenue Scotland agree to enter into mediation—

(a) notification of the agreement must be given by Revenue Scotland to each of the relevant trustees whose identity is known to it,

(b) any of the relevant trustees may be a party to the mediation if they notify Revenue Scotland, and

(c) the agreement of all the relevant trustees is required if the mediation is to be settled by agreement.

(4) In the case of an appeal relating to the transaction—

(a) the appeal may be brought by any of the relevant trustees,

(b) notice of the appeal must be given by the trustee or trustees bringing the appeal to each of the other relevant trustees,

(c) the agreement of all the relevant trustees is required if the appeal is to be settled by agreement,

(d) if the appeal is not settled, any of the relevant trustees are entitled to be parties to the appeal, and

(e) the tribunal's decision on the appeal binds all of the relevant trustees.

(5) In this section “relevant trustees” has the meaning given by paragraph 16 of schedule 18 to the LBTT(S) Act 2013.

(6) This section has effect subject to the provisions of schedule 18 to the LBTT(S) Act 2013 (relating to trustees).