Land and Buildings Transaction Tax (Scotland) Act 2013 section Sch 10A para 15

Partial withdrawal of sub-sale development relief

Schedule 10A paragraph 15 explains what happens when sub-sale development relief is partially withdrawn because some, but not all, of the planned development has been completed within the required timeframe.

• Relief is partially withdrawn where the significant development has not been fully completed within the relevant period, but some development has taken place
• Where relief is partially withdrawn, tax becomes chargeable on the first land transaction in proportion to the development that was not completed
• The proportion of tax to be paid must be "just and reasonable" having regard to how much of the planned development actually took place
• The tax charged on partial withdrawal is calculated as an appropriate proportion of the full tax that would have been due had no relief been claimed