Land and Buildings Transaction Tax (Scotland) Act 2013 section Schedule 4 paragraph 9

Exemption for property traders acquiring dwellings from individuals

Schedule 4 paragraph 9 provides that when a property trader buys a dwelling from an individual (or a group of individuals), the purchase is exempt from the additional dwelling supplement charge, provided certain qualifying conditions are satisfied.

  • The exemption applies specifically to property traders purchasing a dwelling referred to as "the old dwelling"
  • The seller must be an individual, or a group of individuals — the exemption does not apply where the seller is a company or other entity
  • The purchase must meet all the qualifying conditions set out elsewhere in Schedule 4 for the exemption to take effect
  • Where the conditions are met, the transaction is entirely exempt from the ADS charge — there is no partial relief

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