Land and Buildings Transaction Tax (Scotland) Act 2013

Withdrawal of relief where share acquisition relief applied but control of company subsequently changes S

25 S Relief under Part 2 or Part 3 of this schedule is withdrawn or partially withdrawn if—

(a) control of the acquiring company changes as a result of a transfer of shares to another company in relation to which share acquisition relief applies, and

(b) paragraphs 26 to 28 apply.

Commencement Information

I1 Sch. 11 para. 25 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

26 S This paragraph applies where control of the other company mentioned in paragraph 25(a) changes—

(a) before the end of the period of 3 years beginning with the effective date of the relevant transaction, or

(b) in pursuance of, or in connection with, arrangements made before the end of that period.

Commencement Information

I2 Sch. 11 para. 26 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

27 S This paragraph applies where, at the time control of that other company changes, it holds shares transferred to it by the transfer mentioned in paragraph 25(a), or any shares derived from shares so transferred.

Commencement Information

I3 Sch. 11 para. 27 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2

28 S This paragraph applies where the acquiring company or a relevant associated company, at that time (“the relevant time”), holds a chargeable interest—

(a) that was transferred to the acquiring company by the relevant transaction, or

(b) that is derived from an interest so transferred,

and that has not subsequently been transferred at market value under a chargeable transaction in relation to which relief under Part 2 or Part 3 of this schedule was available but was not claimed.

Commencement Information

I4 Sch. 11 para. 28 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2