PART 3Calculation of tax and reliefs
Amount of tax chargeable
24Tax rates and tax bands
1
The Scottish Ministers must, by order, specify the tax bands and the percentage tax rates for each band—
a
for residential property transactions, and
b
for non-residential property transactions.
2
An order under subsection (1) must specify, in the case of each type of transaction—
a
a nil rate tax band and at least two other tax bands,
b
the tax rate for the nil rate tax band, which must be 0%, and
c
the tax rate for each tax band above the nil rate tax band so that the rate for each band is higher than the rate for the band below it.
3
A transaction is a residential property transaction if—
a
the main subject-matter of the transaction consists entirely of an interest in land that is residential property, or
b
where the transaction is one of a number of linked transactions, the main subject-matter of each transaction consists entirely of such an interest.
4
A transaction is a non-residential property transaction if—
a
the main subject-matter of the transaction consists of or includes an interest in land that is not residential property, or
b
where the transaction is one of a number of linked transactions, the main subject-matter of any transaction consists of or includes such an interest.
5
In the case of a transaction for which the whole or part of the chargeable consideration is rent, see paragraph 3 of schedule 19 (leases) for the tax rates and tax bands applicable to such consideration.