Land and Buildings Transaction Tax (Scotland) Act 2013 section Schedule 2A paragraph 17

Joint owners of a dwelling

Schedule 2A paragraph 17 explains how the Additional Dwelling Supplement (ADS) rules apply when two or more people jointly own a dwelling.

  • Where two or more persons jointly own a dwelling, each person is treated as an owner of that dwelling for ADS purposes.
  • However, if the market value of any person's share in the dwelling is less than £40,000, that share is disregarded when deciding whether the ADS applies to a transaction.
  • For dwellings in England, Wales or Northern Ireland, "jointly entitled" takes its meaning from section 121 of the Finance Act 2003.
  • For dwellings outside the United Kingdom, "jointly entitled" means having an equivalent interest to joint ownership as understood under Scottish or English law.

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