Land and Buildings Transaction Tax (Scotland) Act 2013 section Schedule 11 paragraph 28

When clawback of group or reconstruction relief applies

Schedule 11 paragraph 28 sets out the conditions under which a previously relieved land transaction may become subject to clawback of relief, focusing on whether the relevant property interest is still held within the group at the relevant time.

• This paragraph applies when the acquiring company (or a relevant associated company) still holds a chargeable interest at the relevant time.
• The chargeable interest in question must either be the one originally transferred in the relieved transaction, or an interest derived from that original transfer.
• The interest must not have been subsequently sold at market value in a chargeable transaction where group, reconstruction, or acquisition relief (under Part 2 or Part 3 of the schedule) was available but deliberately not claimed.
• If all these conditions are met, the original relief may be clawed back, meaning the LBTT that was not paid at the time of the original transaction could become payable.