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Recent changes to the LBTT additional dwelling supplement

09 September 2024 / Bob Langridge
Issue: 4952 / Categories: Comment & Analysis , Property , Scotland , Land & property
188554
House rules

Key points

  • From 1 April 2024 the additional dwelling supplement (ADS) rules applying to purchases of dwellings in Scotland have been heavily revised.
  • The main changes to be aware of are: (i) changes to time limits; (ii) expanded provisions for joint buyers and single economic units; (iii) new rules for death and divorce/separation; and (iv) the small shares exemption.
  • The Scottish government recognised and acknowledged that the old ADS rules gave rise to ‘unintended consequences’.

While the additional dwelling supplement – or ADS the Scottish equivalent of the SDLT higher rates for additional dwellings (HRAD) – is frequently touted as a ‘second homes tax’ that is a misnomer. It has never really functioned as a second home tax. It turns out that adequately defining a second home – especially the type of second home which deserves to bear a flat tax of 6% – is plain hard. ...

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