Land and Buildings Transaction Tax (Scotland) Act 2013 schedule 11 paragraph 14

When the clawback of group relief applies

Paragraph 14 of Schedule 11 sets out the conditions under which a change of control of the acquiring company triggers a potential clawback of group relief previously claimed on a land transaction.

• The clawback rule is triggered when control of the company that originally acquired the property (the acquiring company) changes hands.
• At the time control changes (the "relevant time"), either the acquiring company itself or a relevant associated company must still hold the chargeable interest, or an interest derived from it.
• The chargeable interest in question must be one that was originally acquired under the group relief transaction or one that has been derived from that original interest.
• The clawback does not apply if the interest has since been acquired by someone in a market value transaction where group relief was available but was deliberately not claimed.