Sale completed after the 18-month time limit

The taxpayer bought a second property before disposing of his first home. His land and buildings transaction tax (LBTT) return disclosed additional dwellings supplement (ADS) chargeable which he paid. He later claimed a refund of the ADS on the basis that he had sold his first property within 18 months of buying the second one. Revenue Scotland refused the claim because the evidence showed the sale of the first property took place more than 18 months after the acquisition of the first one.

The taxpayer appealed. He said the sale of the original dwelling was agreed in writing between his solicitors and the purchaser’s solicitor within the 18 month parameter to qualify for relief of tax and that ‘the intention to dispone and acceptance in writing of the offer to purchase the property was clearly within the qualification period’.

The First-tier Tribunal for Scotland said the taxpayer may have...