Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 10 para 20

Group relief: winding up exception

Schedule 10 paragraph 20 provides that group relief from LBTT is not clawed back when the buyer leaves the seller's group solely because the seller, or a company above the seller in the group structure, is being wound up.

• Group relief previously claimed on a land transaction is not withdrawn simply because the buyer and seller cease to be in the same group.
• This protection applies where the departure from the group results from steps taken for the purposes of, or during the course of, winding up the seller.
• The same protection applies where the winding up is of another company that sits above the seller in the group structure.
• If the group relationship ends for any other reason, the normal clawback rules for group relief will continue to apply.