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

The control period

Section 9 of Schedule 16D defines the "control period" during which the conditions for green freeport relief must continue to be met, and explains how this period may end early if the buyer disposes of all relevant interests in the qualifying land.

  • The control period begins on the effective date of the land transaction that received green freeport relief.
  • The control period lasts for three years from the effective date, unless the buyer and any connected persons dispose of all their interests in the qualifying green freeport land before that three-year period expires.
  • If the buyer (and any connected persons) dispose of all chargeable interests in the qualifying green freeport land before the three years are up, the control period ends on the effective date of that final disposal transaction instead.
  • A transaction counts as the "final transaction" only if, immediately after it takes effect, neither the buyer nor any connected person holds any chargeable interest in the qualifying green freeport land.

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