Land and Buildings Transaction Tax (Scotland) Act 2013 section Schedule 4 paragraph 11

Qualifying conditions for property trader relief

Schedule 4, paragraph 11 sets out the qualifying conditions that must all be met for a property trader to claim relief when purchasing an individual's old dwelling to help that individual move to a new home.

• The individual must have arranged to sell their old dwelling and buy a second dwelling, but the sale arrangements must have fallen through, prompting the property trader to step in and purchase the old dwelling so the individual's onward purchase can proceed.
• The property trader must be in the business of acquiring dwellings from individuals in these chain-break circumstances, and the individual must have lived in the old dwelling as their only or main residence at some point in the two years before the property trader acquires it.
• The individual must intend to occupy the second dwelling as their only or main residence.
• The property trader must not intend to spend more than the permitted amount on refurbishing the old dwelling, must not grant a lease or licence over it, must not allow any of its principals, employees or connected persons to occupy it, and the land acquired must not exceed the permitted area.