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

Overview

7. The 2016 Act comprises 6 sections, of which section 1 is the principal measure, introducing a new schedule 2A into the 2013 Act. Within schedule 2A—

• Part 2 identifies the transactions to which schedule 2A applies,

• Part 3 sets out the additional amount of tax,

• Part 4 contains provision about the application of schedule 2A in relation to certain types of buyer,

• Part 5 provides for repayment of and relief from the additional amount of tax in certain cases,

• Part 6 contains special rules about the meaning of ownership of dwellings for the purposes of schedule 2A,

• Part 7 contains general provision including powers to modify schedule 2A.

8. The drafting approach employed means that for the most standard residential property transaction – where an individual or couple replace their main residence – the 2013 Act will apply exactly as it would in the absence of the 2016 Act, and therefore the main body of the 2013 Act is not substantively affected. Where the new provisions are in issue, tax agents will know to look to schedule 2A for all relevant provisions concerning the additional amount of tax.

9. For more general guidance on the 2013 Act, see the Explanatory Notes to that Act as passed(2) and Revenue Scotland’s detailed legislative guidance for LBTT.(3)

2

http://www.legislation.gov.uk/asp/2013/11/notes/contentsBack [1]

3

https://www.revenue.scot/land-buildings-transaction-tax/guidance/lbtt-legislation-guidanceBack [2]