Land and Buildings Transaction Tax (Scotland) Act 2013 section Schedule 2A paragraph 8

Repayment of the ADS where a previous main residence is sold

Schedule 2A paragraph 8 provides a mechanism for buyers who have paid the Additional Dwelling Supplement (ADS) to obtain a repayment if they sell their previous main residence within a specified time period.

• If a buyer sells their previous main residence within 36 months before or after the purchase that triggered the ADS, the transaction is treated as exempt from the additional amount, provided certain conditions are met.
• Where there are joint buyers, every buyer who owns another dwelling must individually satisfy all the conditions, including having occupied the new property as their only or main residence.
• To reclaim the ADS, the buyer can either amend their land transaction return within the allowed amendment period, or submit a claim to Revenue Scotland for repayment of the overpaid amount after that period has expired.
• Where the transaction involved a mixed purchase (for example, a dwelling together with non-residential property), the exemption from the ADS applies only to the portion of the purchase price reasonably attributable to the dwelling that became the buyer's main residence.