Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016 Explanatory Notes

1. Introduction

2. Background

3. The 2016 Act

   1. Overview

   2. Operation of additional tax provisions

   3. Diagram

4. Commentary on Sections

   1. Section 1 – Land and buildings transaction tax: second homes etc.

      1. Part 1 of schedule 2A - Overview

         1. Paragraph 1 of schedule 2A – Overview

      2. Part 2 of schedule 2A – Transactions to which this schedule applies

         1. Paragraph 2 of schedule 2A – Transactions relating to second homes etc.

         2. Paragraph 3 of schedule 2A  – Transactions where buyer is a non-individual etc.

      3. Part 3 of schedule 2A – The additional amount

         1. Paragraph 4 of schedule 2A – The additional amount

      4. Part 4 of schedule 2A – Certain types of buyer

         1. Paragraph 5 of schedule 2A – Joint buyers

         2. Paragraph 6 of schedule 2A – Spouses, civil partners, cohabitants and children

         3. Paragraph 7 of schedule 2A – Trustees in certain trusts

      5. Part 5 of schedule 2A – Repayment of and relief from the additional amount

         1. Paragraph 8 of schedule 2A  – Repayment of additional amount in certain cases

         2. Paragraph 9 of schedule 2A  – Relief for purchases of 6 or more dwellings

         3. Paragraph 10 of schedule 2A  – Relief: supplemental

      6. Part 6 of schedule 2A – Ownership of dwellings

         1. Paragraph 11 of schedule 2A – What counts as a dwelling owned by a person?

         2. Paragraph 12 of schedule 2A – Deemed ownership: cases where title is not yet registered etc.

         3. Paragraph 13 of schedule 2A – Deemed ownership: beneficiaries under certain trusts

         4. Paragraph 14 of schedule 2A – Deemed ownership: dwellings owned by trustees or personal representatives

         5. Paragraph 15 of schedule 2A – Deemed ownership: long leases

         6. Paragraph 16 of schedule 2A – Deemed ownership: proper liferents

         7. Paragraph 17 of schedule 2A – Deemed ownership: joint owners and owners of shares

         8. Paragraph 18 of schedule 2A  – Dwellings outside Scotland; what counts as “ownership”

      7. Part 7 of schedule 2A  – General provision

         1. Paragraph 19 of schedule 2A – Power of Scottish Ministers to modify schedule

         2. Paragraph 20 of schedule 2A – Interpretation

   2. Section 2 – Consequential amendments

   3. Section 3 – Transitional provision: application of this Act

   4. Section 4 – Ancillary provision

   5. Section 5 – Commencement

5. Parliamentary History