Land and Buildings Transaction Tax (Scotland) Act 2013 section Schedule 13 paragraph 13

Definition of "charitable trust"

Schedule 13 paragraph 13 defines what constitutes a "charitable trust" for the purposes of the LBTT reliefs available to charities under the Act.

• A charitable trust is a trust where all the trustees are charities, or a trust established for charitable purposes only.
• This definition determines whether a trust structure can access the charity relief provisions under Schedule 13 of the Act.
• The definition has two alternative limbs — either all trustees must themselves be charities, or the trust must be set up exclusively for charitable purposes.
• Where a trust meets either part of this definition, it may qualify for LBTT relief on land transactions in the same way as a charity acting in its own right.