Part 3Finance

Scottish tax on land transactions

28Scottish tax on transactions involving interests in land

1

In Part 4A of the 1998 Act (as inserted by section 23), after Chapter 2 (inserted by section 25) insert—

CHAPTER 3Tax on transactions involving interests in land

80ITax on transactions involving interests in land

1

A tax charged on any of the following transactions is a devolved tax—

a

the acquisition of an estate, interest, right or power in or over land in Scotland;

b

the acquisition of the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power.

2

The tax may be chargeable—

a

whether or not there is any instrument effecting the transaction,

b

if there is such an instrument, regardless of where it is executed, and

c

regardless of where any party to the transaction is or is resident.

80JCertain transactions not taxable

1

Tax may not be imposed under section 80I on so much of a transaction as relates to land below mean low water mark.

2

The following persons are not to be liable to pay a tax imposed under section 80I—

  • Government

    • A Minister of the Crown

    • The Scottish Ministers

    • A Northern Ireland department

    • The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government

  • Parliament etc

    • The Corporate Officer of the House of Lords

    • The Corporate Officer of the House of Commons

    • The Scottish Parliamentary Corporate Body

    • The Northern Ireland Assembly Commission

    • The National Assembly for Wales Commission

    • The National Assembly for Wales.

2

Tax may not be charged in accordance with the provisions inserted by this section on a land transaction within the meaning of Part 4 of the Finance Act 2003 unless section 29 (disapplication of UK stamp duty land tax) has effect in relation to that transaction.