Occupation was a stop-gap solution

On 12 July 2019 the taxpayer sold a residential property in Hamilton to his son and his wife. He shortly afterwards bought a property with Mrs M who also co-owned a third property which was sold on 12 July 2022. He lived in the third property with Mrs M for 18 days from the date of vacating the first property to the date of entry for the second property - 30 July 2019.

The land and buildings transaction tax (LBTT) return dated 1 August 2019 for the purchase of the second property stated a nil consideration for additional dwelling supplement (ADS) and that the main residence to be sold was the first property.

That return was amended on 2 August 2019 to show that ADS was chargeable. It stated that the main residence to be sold was the third property. In August 2022 Mrs M’s agent...