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

Completion without substantial performance

Section 9 deals with how a land transaction is treated for LBTT purposes when the contract is completed in the normal way, without having been substantially performed beforehand.

• This section applies where a transaction completes without having been substantially performed at any earlier point.
• The contract and the transaction carried out on completion are treated together as a single land transaction for LBTT purposes.
• The effective date of the transaction — the date from which LBTT obligations arise — is the date of completion.
• This is the straightforward scenario: the buyer and seller enter into a contract and proceed to completion without any earlier trigger event occurring.

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