The Land and Buildings Transaction Tax (Green Freeports Relief) (Scotland) Order 2023

Made: 28th September 2023

Coming into force: 1st October 2023

In accordance with section 68(2)(c) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Land and Buildings Transaction Tax (Green Freeports Relief) (Scotland) Order 2023 and comes into force on 1 October 2023.

• (2) In this Order, “the Act” means the Land and Buildings Transaction Tax (Scotland) Act 2013.

Green freeports relief

2

• (1) The Act is amended as follows.

• (2) In section 27(1) (reliefs), after “schedule 16C (lighthouses relief)”, insert—

schedule 16D (green freeports relief).

• (3) In section 33 (further return where relief withdrawn)—

• (a) the word “or” at the end of subsection (1)(e) is repealed,

• (b) after subsection (1)(f) insert—

or, (g) Part 4 of schedule 16D (green freeports relief).

• (c) after subsection (4)(f) insert—

(g) in relation to the withdrawal of relief under schedule 16D, an event mentioned in paragraph 8(1) of that schedule.

• (4) In section 58 (connected persons), after paragraph (ha) insert—

(hb) schedule 16D,

• (5) After schedule 16C (lighthouses relief) insert schedule 16D contained in the schedule of this Order.

• (6) In schedule 19 (leases), in paragraph 27(3) (cases where assignation of lease treated as grant of lease), after sub-paragraph (f) insert—

(g) schedule 16D (green freeports relief).

Interest where relief is withdrawn

3

• (1) The Revenue Scotland and Tax Powers Act (Interest on Unpaid Tax and Interest Rates in General) Regulations 2015[^f00002] are amended as follows.

• (2) In regulation 3—

• (a) the word “or” at the end of paragraph (f) is revoked,

• (b) at the end of paragraph (g), for “and” substitute “or”,

• (c) after paragraph (g) insert—

(h) in relation to the withdrawal of relief under schedule 16D of the LBTT(S) Act 2013, an event mentioned in paragraph 8(1) of that schedule; and

• (3) In regulation 4, in the Column headed ‘Relevant date’ corresponding with Land and buildings transaction tax—

• (a) the word “or” at the end of paragraph (vi) is revoked,

• (b) at the end of paragraph (vii), insert—

, or (viii) Part 4 of schedule 16D (green freeports relief) of the LBTT(S) Act 2013,

SCHEDULE

Signed

TOM ARTHUR — Authorised to sign by the Scottish Ministers — 28th September 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Land and Buildings Transaction Tax (Scotland) Act 2013 to insert a new schedule 16D which provides for a new relief in connection with the acquisition of interests in land that are located in Green Freeport tax sites.

Footnotes

[^f00001]: 2013 asp 11.

[^f00002]: S.S.I. 2015/128

[^f00003]: 2010 c. 4

[^f00004]: 2005 c. 5.