Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 10 paragraph 27

When the seller is regarded as leaving the group

Paragraph 27 of Schedule 10 explains the circumstances in which the seller in an intra-group transaction is treated as having left the group, which can trigger a clawback of group relief previously obtained.

• Group relief from LBTT can be clawed back if the seller leaves the group within a specified period after the original transaction.
• The seller is treated as leaving the group when the companies involved cease to be members of the same group because of a share transaction.
• This applies where the share transaction relates directly to shares in the seller itself.
• It also applies where the share transaction relates to shares in a company higher up in the group structure, provided that company ceases to be in the same group as the buyer as a result.