Land and Buildings Transaction Tax (Scotland) Act 2013 section 34

The second condition: timing of the change

Section 34 of Schedule 10 sets out the second condition relating to the time period within which a relevant change must occur for the group relief exemption to be withdrawn.

• The change must occur within three years of the effective date of the transaction that was exempt under the group relief provisions.
• The exempt transaction is referred to as "the relevant transaction" for the purposes of these provisions.
• Alternatively, the condition is met if the change happens as a result of, or in connection with, arrangements made within that same three-year period, even if the change itself occurs later.
• This anti-avoidance timing rule prevents parties from planning changes just beyond the three-year window while having set up the arrangements within it.