Land and Buildings Transaction Tax (Scotland) Act 2013 schedule 10 paragraph 25

Chargeable interests to which group relief clawback applies

Paragraph 25 of Schedule 10 defines which chargeable interests are caught by the group relief withdrawal provisions, covering both interests originally acquired and interests derived from them.

• The paragraph identifies the chargeable interests that are subject to potential clawback of group relief.
• It covers interests that the buyer acquired under the original group relief transaction.
• It also covers any interest that is derived from an interest acquired under the original transaction — for example, where a lease is granted out of land that was transferred within the group.
• However, an interest falls outside the clawback rules if it has since been acquired by someone at market value under a chargeable transaction where group relief was available but was deliberately not claimed.