LBTT2014 - Buyer bearing capital gains tax liability

LBTT guidance on determining the chargeable consideration in a land transaction where the buyer bears a capital gains tax liability.

Where there is a land transaction under which the chargeable interest in question is either:

and the buyer is or becomes liable to pay (or does in fact pay) any Capital Gains Tax due in respect of the corresponding disposal of the chargeable interest, then the buyer’s liability or payment does not count as chargeable consideration for the transaction.

This exclusion does not, however, apply if there is any other chargeable consideration.

LBTT(S)A 2013 schedule 2 paragraph 16.

Ref ID: 
LBTT2014
Archive Date: 
8 March 2015
Last updated: 
8 March 2015
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