Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 2A paragraph 11

Counting dwellings owned by a person

Schedule 2A paragraph 11 sets out the rules for determining which dwellings count as being owned by a person when applying the Additional Dwelling Supplement (ADS) provisions.

• Dwellings situated anywhere in the world — not just in Scotland — are counted when determining whether a person owns an existing dwelling
• A dwelling acquired by a non-individual (such as a company) under paragraph 3, or one that would have been caught by that rule but for being outside Scotland, is excluded from the ownership count under paragraph 2(1)(c)
• An existing dwelling (other than the one being purchased) is ignored if the market value of the ownership interest, including any associated rights, is less than £40,000
• Where a person is treated as owning a dwelling through deemed ownership rules, the market value test uses the full market value of the dwelling itself, disregarding the effect of the deemed interest

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