Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 11 paragraph 20

Cross-reference to change of control provisions

Paragraph 20 of Schedule 11 alerts the reader that paragraphs 25 to 28 deal with what happens if control of the other company subsequently changes, which may affect the availability of relief.

• This paragraph serves as a signpost to the withdrawal-of-relief rules in paragraphs 25 to 28 of Schedule 11.
• Those later paragraphs address situations where there is a change in control of the company concerned after relief has been claimed.
• A change of control can trigger the withdrawal of reconstruction relief or acquisition relief that was previously granted.
• Practitioners should always check paragraphs 25 to 28 when advising on transactions that have benefited from these reliefs, to assess whether a subsequent change of control could result in additional LBTT becoming due.