Land and Buildings Transaction Tax (Scotland) Act 2013 section Schedule 10 paragraph 37

Qualifying previous transactions for group relief withdrawal

Schedule 10 paragraph 37 sets out the four conditions that must all be met for a previous transaction to be relevant when determining whether group relief or reconstruction/acquisition relief should be withdrawn.

• The previous transaction must itself have been exempt from LBTT under group relief (Schedule 10) or reconstruction/acquisition relief (Schedule 11).
• The previous transaction must have taken place less than three years before the date of the change in circumstances that triggers the potential withdrawal of relief.
• The property involved in the current transaction must be the same as, include, form part of, or be derived from the property acquired in the previous transaction.
• Since the previous transaction, no one must have acquired the property through a transaction that was fully chargeable to LBTT (i.e. one that did not benefit from group or reconstruction/acquisition relief).