About the Bill
The Scottish Government introduced the Land and Buildings Transaction Tax (Relief from Additional Amount) (Scotland) Bill on 13 November 2017. The Bill allows buyers to reclaim Additional Dwelling Supplement (ADS) payments retrospectively where the buyers replaced their main residence prior to selling their current residence, and their current residence was only owned by one of the couple, civil partner or cohabitant.
The Land and Buildings Transaction Tax (Additional Amount-Second Homes Main Residence Relief) (Scotland) Order 2017 was laid to give full effect to the policy intention of the Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016 to treat married couples, those in a civil partnership and those living as if a married couple as one economic unit for the purposes of ADS.
The ADS is not chargeable if the buyer is replacing the buyer’s only or main residence however, prior to this Order coming into force, it was chargeable if couples were jointly buying a home to replace a home that was only owned by one of them. The Order allowed that in these circumstances, the ADS paid as two dwellings were owned, could now be reclaimed despite only one name being on the title deeds to the former main residence.
This Bill gives retrospective effect, covering the period and transitional arrangements as provided for by the 2016 Act and the 2017 Order, to the 2017 Order, enabling buyers who paid the ADS to reclaim this amount.
The Finance and Constitution Committee is the lead Committee responsible for scrutiny of the Bill. Accordingly, the Committee would be interested in hearing your views on the Bill.
How to submit your evidence
The closing date for responses is Friday 19 January 2018
All responses should be sent electronically (in Word format – no confirmatory hard copy required) to firstname.lastname@example.org. Written responses will be handled in accordance with the Parliament’s policy for handling written evidence received in response to calls for evidence. All written evidence received may be published by the Parliament and will be treated as a public document. If you wish to submit evidence in confidence or anonymously please read the policy at the link above.
What happens next?
The Committee will consider all written evidence received as part of its scrutiny of the Bill. The Committee may also seek to invite oral evidence from some of those who submit written evidence.
If you need alternative formats of this information or further assistance in making a written submission to the Committee, please contact the clerking team of the Committee via email address above or by telephone on 0131 348 5205.