Land and Buildings Transaction Tax (Scotland) Act 2013 Schedule 4 paragraph 3

Where qualifying conditions (a) to (d) but not (e) are met

Paragraph 3 of Schedule 4 explains how to calculate the chargeable consideration when a transaction meets most, but not all, of the qualifying conditions — specifically where condition (e) regarding the permitted area is not satisfied.

• This rule applies where the transaction meets qualifying conditions (a) to (d) but fails to meet condition (e).
• Condition (e) relates to the permitted area requirement, meaning the land included with the dwelling exceeds the allowable limit.
• The chargeable consideration is calculated by deducting the market value of the permitted area from the market value of the old dwelling.
• The effect is that tax relief is given only for the permitted area portion of the property, not for any excess land beyond that limit.