Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 18 paragraph 9

Bare trustees granting leases

Schedule 18 paragraph 9 deals with how a bare trustee who grants a lease is treated for LBTT purposes.

• When a bare trustee grants a lease, they are treated as the seller of the entire interest being disposed of.
• This means the bare trustee takes on the role of the landlord or seller for LBTT purposes in relation to that lease.
• The rule ensures that the granting of a lease by a bare trustee is dealt with consistently under the LBTT framework.
• This provision applies specifically to the grant of a lease, rather than to other types of land transaction involving bare trustees.