Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 18 paragraph 14

Beneficiary's consent does not constitute chargeable consideration

Paragraph 14 of Schedule 18 clarifies that where a beneficiary gives consent to a transaction, this consent alone does not create chargeable consideration for the purposes of LBTT.

  • A beneficiary may give consent in connection with a land transaction involving a trust
  • The act of giving consent is not treated as chargeable consideration for LBTT purposes
  • This prevents consent from inadvertently triggering an LBTT charge or increasing the amount of tax due
  • The provision ensures that only genuine consideration — such as money or other value exchanged — is taken into account when calculating LBTT

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