Land and Buildings Transaction Tax (Scotland) Act 2013 section Sch 17 para 3

Partnership interests treated as held by the partners

Schedule 17 paragraph 3 establishes that, for LBTT purposes, chargeable interests and land transactions involving a partnership are attributed to the individual partners rather than to the partnership itself.

• Any chargeable interest held by or on behalf of a partnership is treated as held by the partners, not by the partnership as a separate entity.
• Any land transaction entered into for the purposes of a partnership is treated as entered into by the partners, not by the partnership itself.
• This "look-through" treatment applies even where the partnership is recognised as a separate legal person or body corporate under the law of the jurisdiction in which it was formed.
• The practical effect is that LBTT always focuses on the partners behind the partnership, ensuring that changes in partnership composition or interests can themselves be taxable events.