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Paragraph 3 F1

(1)

This schedule applies to a chargeable transaction if the following conditions are satisfied—

(a)

the subject-matter of the transaction consists of or includes the acquisition of ownership of a dwelling,

(b)

the relevant consideration for the transaction is £40,000 or more, and

(c)

the buyer—

(i)

is not an individual, or

(ii)

is an individual and sub-paragraph (2) or (5) applies.

(2)

This sub-paragraph applies if the acquisition is made in the course of a business of the individual the sole or main activity of which is investing or dealing in chargeable interests.

(3)

Sub-paragraph (2) of paragraph 31 of schedule 17 applies for the purposes of sub-paragraph (2) of this paragraph as it applies for the purposes of paragraph 31(1) of that schedule.

(4)

In sub-paragraph (2), the reference to a business of the individual includes a reference to a business of a partnership of which the individual is a partner.

(5)

This sub-paragraph applies if the individual is making the acquisition as trustee under a settlement and, in relation to any dwelling that is or forms part of the subject-matter of the transaction, there is no interested beneficiary.

(6)

For the purposes of sub-paragraph (5), a beneficiary under the settlement is an interested beneficiary in relation to a dwelling if the beneficiary has or will have a relevant interest in the dwelling.

Annotations

Textual amendments

F1

Sch. 2A inserted (1.4.2016) by Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016 (asp 11), ss. 1(3), 5(2) (with s. 3)