Land and Buildings Transaction Tax (Scotland) Act 2013 section 6

Dwellings owned by trustees or personal representatives

Section 6 explains how interests in dwellings held by trustees or personal representatives are disregarded when determining whether the ADS (Additional Dwelling Supplement) applies.

• This provision applies where a person holds or has held a major interest in a dwelling in the capacity of a trustee or a personal representative of another person.
• In such cases, that person is treated as if they had never bought or acquired the dwelling interest for the purposes of the ADS rules.
• This means that a dwelling held in a trustee or personal representative capacity will not count against that individual when assessing whether they own an additional dwelling.
• The rule ensures that individuals acting in a fiduciary role are not unfairly caught by the ADS provisions because of property interests they hold on behalf of others.

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