Land and Buildings Transaction Tax (Scotland) Act 2013 section 9

Schedule 11 paragraph 9 – Associated companies and the meaning of control

Section 9 of Schedule 11 explains how to determine whether companies are "associated" for the purposes of qualifying condition (c), which is relevant to certain LBTT reliefs.

• Two companies are associated if one controls the other, or if both are controlled by the same person or persons.
• The definition of "control" follows the meaning set out in section 1124 of the Corporation Tax Act 2010.
• This test is specifically used when assessing qualifying condition (c) for the relief in question.
• The concept of control generally involves holding a majority of shares, voting power, or rights to income or assets on a winding up.