Land and Buildings Transaction Tax (Scotland) Act 2013 section 8

Withdrawal of relief

Section 8 of Schedule 16D sets out the circumstances in which green freeport relief is withdrawn, the exceptions that protect buyers from losing relief due to matters beyond their control, and the tax consequences of withdrawal.

• Relief is withdrawn if, at any point during the control period, the qualifying green freeport land ceases to be used exclusively in a qualifying manner.
• Relief is not withdrawn where an unforeseen change of circumstances beyond the buyer's control makes it unreasonable to expect continued qualifying use.
• Land is treated as being used in a qualifying manner if qualifying use has not yet started or has ceased, provided reasonable steps are being taken to commence or resume qualifying use, or to dispose of the buyer's interests in the land.
• If relief is withdrawn, the full amount of LBTT that would have been due had the relief never applied becomes chargeable.