Land and Buildings Transaction Tax (Scotland) Act 2013 section 31

Schedule 10 paragraph 31: Restriction on who can be treated as controlling the buyer

Paragraph 31 clarifies that a person cannot be regarded as controlling (or obtaining control of) the buyer company if that person is themselves under the control of another person or persons.

• This paragraph qualifies the connected company rules in paragraph 30 of Schedule 10.
• A person who is themselves controlled by someone else cannot be treated as the one who controls the buyer.
• The effect is to look through intermediate persons to identify the ultimate controlling party.
• This prevents the same transaction from being caught multiple times at different levels of a control chain.

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