Land and Buildings Transaction Tax (Scotland) Act 2013 section Sch 11 para 17

Relief under Part 2 or Part 3 of this schedule

Schedule 11, paragraph 17 confirms that group relief or reconstruction/acquisition relief is not withdrawn simply because control of the acquiring company changes as a result of another exempt transfer within the same group.

• This paragraph applies to relief granted under Part 2 (group relief) or Part 3 (reconstruction or acquisition relief) of Schedule 11.
• Relief that has already been claimed and applied is protected from withdrawal in specific circumstances.
• The protection applies where the change in control of the acquiring company occurs as a result of an exempt intra-group transfer — that is, a transfer between group companies that itself qualifies for relief.
• Without this provision, an internal group reorganisation could inadvertently trigger the withdrawal of relief on an earlier transaction, even though the property has remained within the same corporate group.