Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 10 paragraph 5

Restrictions on group relief availability

Paragraph 5 of Schedule 10 sets out the circumstances in which group relief from LBTT will not be available, even where the buyer and seller are members of the same group.

• Group relief is denied where the transaction is connected to certain arrangements involving outside parties or planned group changes.
• Relief is unavailable if any part of the consideration for the transaction is provided or received, directly or indirectly, by a person who is not a group company.
• Relief is also unavailable if there are arrangements under which the buyer and seller will cease to be in the same group because the buyer stops being a 75% subsidiary of the seller or of a third company.
• Both restrictions apply where the transaction is carried out in pursuance of, or in connection with, such arrangements.