F1SCHEDULE 2AADDITIONAL AMOUNT: TRANSACTIONS RELATING TO SECOND HOMES ETC.

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Amendments (Textual)

PART 5REPAYMENT OF AND RELIEF FROM THE ADDITIONAL AMOUNT

Repayment of additional amount in certain cases

8

1

Sub-paragraph (2) applies in relation to a chargeable transaction to which this schedule applies by virtue of paragraph 2 if—

a

within the period of 18 months beginning with the day after the effective date of the transaction, the buyer disposes of the ownership of a dwelling (other than one that was or formed part of the subject-matter of the chargeable transaction),

b

that dwelling was the buyer's only or main residence at any time during the period of 18 months ending with the effective date of the transaction, and

c

the dwelling that was or formed part of the subject-matter of the transaction has been occupied as the buyer's only or main residence.

2

Where this sub-paragraph applies—

a

the chargeable transaction is to be treated as having been exempt from the additional amount, and

b

if the buyer has made a land transaction return in respect of the transaction, the buyer may take one of the steps mentioned in sub-paragraph (3).

3

The steps are—

a

within the period allowed for amendment of the land transaction return, amend the return accordingly, or

b

after the end of that period (if the land transaction return is not so amended), make a claim to the Tax Authority under section 107 of the Revenue Scotland and Tax Powers Act 2014 for repayment of the amount overpaid.

4

For the period allowed for amendment of returns, see section 83 of the Revenue Scotland and Tax Powers Act 2014.

5

In the case of a chargeable transaction to which this schedule applies by virtue of paragraph 2(1)(d)(ii), sub-paragraph (2)(a) has effect only in relation to the additional amount applicable to so much of the relevant consideration for the transaction as is attributable, on a just and reasonable apportionment, to the acquisition of ownership of the dwelling (including any interest or right pertaining to ownership of the dwelling) referred to in sub-paragraph (1)(c).