Paragraph 6 F1
For the purposes of paragraph 2(1)(c), a dwelling which is owned by—
the buyer's spouse or civil partner,
the buyer's cohabitant,
a person aged under 16 who is a child of—
the buyer,
the buyer's spouse or civil partner, or
the buyer's cohabitant,
is to be treated as being owned by the buyer.
For the purposes of paragraph 8(1), a dwelling which is disposed of by—
the buyer’s spouse or civil partner,
the buyer’s cohabitant,
a person aged under 16 who is a child of—
the buyer,
the buyer’s spouse or civil partner, or
the buyer’s cohabitant,
is to be treated as being disposed of by the buyer.
Sub-paragraphs (1)(a) F3, (1)(c)(ii), (1A)(a) and (1A)(c)(ii) do not apply if the buyer and the buyer's spouse or civil partner have separated.
For the purposes of sub-paragraph (2), the parties have separated if—
they no longer live together, and
they do not intend to live together again.
For the purposes of sub-paragraphs (1)(b) F4, (1)(c)(iii), (1A)(b) and (1A)(c)(iii), a person is the buyer's cohabitant if the two of them live together as though married to one another.
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)
- F2
Sch. 2A para. 6(1A) inserted (1.4.2024) by The Land and Buildings Transaction Tax (Miscellaneous Amendments) (Scotland) Order 2024 (S.S.I. 2024/104), arts. 1, 6(a)
- F3
Words in sch. 2A para. 6(2) substituted (1.4.2024) by The Land and Buildings Transaction Tax (Miscellaneous Amendments) (Scotland) Order 2024 (S.S.I. 2024/104), arts. 1, 6(b)
- F4
Words in sch. 2A para. 6(4) substituted (1.4.2024) by The Land and Buildings Transaction Tax (Miscellaneous Amendments) (Scotland) Order 2024 (S.S.I. 2024/104), arts. 1, 6(c)