Land and Buildings Transaction Tax (Scotland) Act 2013 section 18

"Dwelling" includes land occupied and enjoyed with the dwelling as its garden or grounds

Section 18 of Schedule 4 clarifies that the definition of a "dwelling" for LBTT purposes extends beyond the building itself to include associated garden and grounds.

  • The definition of "dwelling" is not limited to the physical building alone.
  • Land that is occupied and enjoyed with the dwelling counts as part of the dwelling.
  • The land must serve as the garden or grounds of the dwelling to be included.
  • This broader definition affects how residential LBTT rates and reliefs apply to a transaction.

Access full legislation.And much more.

By becoming a member, your team gets full access to Tax World research tools and source-backed tax resources.