Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 10 paragraph 28

Change in control of buyer after seller leaves the group

Paragraph 28 of Schedule 10 deals with what happens when there is a change in control of the buyer company after the seller has already left the group, and how this can trigger the withdrawal of group relief.

• If the seller has already left the group and there is subsequently a change in control of the buyer, the group relief withdrawal rules are triggered
• The effect is as though the buyer ceased to be a member of the same group as the seller at the point when the change in control occurred
• The standard withdrawal and partial withdrawal provisions apply, including the rules on how much tax becomes chargeable
• The exceptions to withdrawal (such as those relating to certain stamp duty reliefs) also apply in determining whether relief is actually clawed back