Land and Buildings Transaction Tax (Scotland) Act 2013 section 16

Liferents: treatment of ownership for ADS purposes

Section 16 of Schedule 2A sets out how ownership of a dwelling is determined for Additional Dwelling Supplement purposes where a proper liferent exists over that dwelling.

• Where a person (the liferenter) holds a liferent over a dwelling under a proper liferent, this provision changes who is treated as the owner for ADS purposes.
• The liferenter is treated as the owner of the dwelling, even though they do not hold the underlying title.
• Both the granter of the liferent and the fiar (the person who holds the residual ownership) are treated as not being the owner of the dwelling.
• All references to ownership and acquisition of ownership throughout the ADS schedule are to be interpreted in line with this treatment.