Land and Buildings Transaction Tax (Scotland) Act 2013 section Sch 11 para 13

Change of control of the acquiring company

Schedule 11 paragraph 13 sets out the circumstances in which a change of control of the acquiring company triggers potential clawback of group relief or reconstruction/acquisition relief previously obtained.

• This provision applies when the company that acquired the land or buildings (the "acquiring company") undergoes a change of control.
• The change of control must occur within three years of the effective date of the original transaction that benefited from the relief.
• It also applies if the change of control happens after the three-year period but was made pursuant to, or in connection with, arrangements put in place before the end of that three-year period.
• The original transaction that benefited from the relief is referred to as "the relevant transaction" and may have been either fully exempt under Part 2 of Schedule 11 (group relief) or subject to a reduced tax charge under Part 3 (reconstruction or acquisition relief).