Commentary on Provisions Part 2 – Devolved taxes administration Section 60: Retrospective effect of amendments made by the Land and Buildings Transaction Tax (Group Relief Modification) (Scotland) Order 2018
138.Schedule 10 of the Land and Buildings Transaction Tax (Scotland) Act 2013 makes provision for the availability of group relief. Subject to certain rules, this provides relief from Land and buildings transaction tax for land transactions between companies within a group that would otherwise be chargeable to tax and on which tax would otherwise be payable.
139.Schedule 10 was modified on 30 June 2018 by the Land and Buildings Transaction Tax (Group Relief Modification) (Scotland) Order 2018 (S.S.I. 2018/222) to provide that relief will not be lost in relation to standard Scottish “share pledge” type arrangements and other analogous circumstances, so long as any right is not exercised. This section of the Act gives this rule retrospective effect as from 1 April 2015.