Land and Buildings Transaction Tax (Scotland) Act 2013 section 36

Schedule 11 paragraph 36 – Companies are members of the same group

Paragraph 36 of Schedule 11 defines when two companies are considered to be members of the same group for the purposes of group relief from LBTT.

• Two companies are in the same group if one is a 75% subsidiary of the other.
• Two companies are also in the same group if both are 75% subsidiaries of a third company.
• The definition relies on the concept of a 75% subsidiary, meaning one company holds at least 75% of the ordinary share capital of the other.
• This group membership test determines eligibility for group relief on land and buildings transactions between connected companies.