Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11)

SCHEDULE 8 S Relief for alternative finance investment bonds

PART 2 S Issue, transfer and redemption of rights under bond not to be treated as chargeable transaction

Relief not available where bond-holder acquires control of underlying asset S

6 (1) But paragraph 5(1) does not apply (and accordingly, section 564S of the Income Tax Act 2007 applies by virtue of paragraph 4) in either of the following cases. S

(2) The first case is where—

(a) at the time that the rights were acquired BH (or all the connected bond-holders) did not know and had no reason to suspect that the acquisition enabled the exercise of the right of management and control of the bond assets to the exclusion of other bond-holders, and

(b) as soon as reasonably practicable after BH (or any of the bond-holders) becomes aware that the acquisition enables that exercise, BH transfers (or some or all of the bond-holders transfer) sufficient rights for that exercise no longer to be possible.

(3) The second case is where BH—

(a) underwrites a public offer of rights under the bond, and

(b) does not exercise the right of management and control of the bond assets.

(4) In this paragraph, “underwrite”, in relation to an offer of rights under a bond, means to agree to make payments of capital under the bond in the event that other persons do not make those payments.

Commencement Information

I1 Sch. 8 para. 6 in force at 1.4.2015 by S.S.I. 2015/108 , art. 2