Land and Buildings Transaction Tax (Scotland) Act 2013 section Sch 11 para 22

Relief under Part 2 or Part 3 of this schedule

Schedule 11 paragraph 22 sets out the circumstances in which reconstruction relief or acquisition relief can be withdrawn or partially withdrawn following a change of control of the acquiring company.

• Reconstruction relief (Part 2) or acquisition relief (Part 3) may be clawed back after the original transaction
• Withdrawal is triggered when control of the acquiring company changes as a result of an exempt intra-group transfer
• Both conditions must be met: a change of control must occur, and the detailed rules in paragraphs 23 and 24 must also apply
• The relief may be withdrawn in full or only partially, depending on the circumstances