Land and Buildings Transaction Tax (Scotland) Act 2013 section 49

Connected persons: modification of Corporation Tax Act 2010

Section 49 modifies the standard "connected persons" rules when they are applied to partnership transactions for LBTT purposes.

  • The general definition of "connected persons" used for LBTT partnership provisions is taken from section 1122 of the Corporation Tax Act 2010.
  • The rule that partners are automatically connected with each other simply by being partners is switched off for all LBTT partnership purposes.
  • For transfers of land into or out of a partnership, certain rules treating trustees as connected with a settlement are also switched off.
  • These modifications prevent the connected persons rules from producing inappropriate results in routine partnership property transactions.

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