Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 10 para 23

Group relief withdrawal where buyer leaves acquiring company's group

Schedule 10 paragraph 23 provides that group relief can still be withdrawn even where paragraphs 21 or 22 would otherwise protect it, if the buyer leaves the acquiring company's group in specific circumstances and still holds a relevant chargeable interest.

• This paragraph overrides the protections against withdrawal of group relief provided by paragraphs 21 and 22 in certain circumstances.
• It applies where the buyer ceases to be a member of the same group as the acquiring company in the circumstances set out in paragraph 24.
• At the time the buyer leaves that group, either the buyer or a relevant associated company must hold a chargeable interest to which paragraph 25 applies.
• If both conditions are met, the legislation treats the buyer as having left the seller's group at that point, thereby triggering withdrawal of the original group relief.