Committee
Finance and Constitution Committee 16 January 2019
16 Jan 2019 · S5 · Finance and Constitution Committee
Item of business
Subordinate Legislation
Land and Buildings Transaction Tax (Tax Rates and Tax Bands etc) (Scotland) Amendment Order 2018 (SSI 2018/372)
There were three questions there, and I will take each in turn. The first was on investments, the second was on rents and the third was on the evidence for the increase of 1 per cent. On ADS, it is worth bearing in mind that there is another policy objective as well as the ability to raise revenue, which is to support first-time buyers. The SFC’s evidence on that is important. Its analysis shows that the majority of the decline in ADS transactions has been made up of first-time buyers and home movers. In other words, where there is a loss of ADS-related transactions, the majority is absorbed by the market when it comes to first-time buyers and home movers. That is part of the policy objective of the change. On investment, we recognise the role that the private rented sector plays. In the evidence that has been provided, tax is seen as just one of a range of financial, regulatory and other considerations. The Scottish Property Federation is clear in its evidence to the committee that other changes have more significance than the changes to ADS. The sector remains at a steady 15 per cent in Scotland. Although an increase in ADS might mean that some people in the property sector will take other decisions, other people will see new opportunities. When it comes to investment, we recognise the role that the private rented sector plays, and when it comes to the creation of affordable housing, people often choose the private rented sector as a form of affordable housing. That is why we have the exemption from ADS for six or more properties, in order to get that balance right. I move on to rents. It is perhaps obvious, but I think that it is worth saying that the changes have no bearing on landlords with existing properties. They apply only to new purchases. I cannot comment on decisions that individual landlords might take in specific circumstances but, as I said, tax is only one of a range of concerns. The Office for National Statistics has shown a 0.5 per cent annual increase in rents to November 2018 across all private tenants in Scotland. That compares with annual increases of 1 per cent in England and 0.9 per cent in Wales, which suggests that, while ADS has been in place—albeit at 3 per cent—it has not resulted in a significant increase in rents. On the reason for the increase from 3 per cent to 4 per cent, we were keen to strike the right balance, as highlighted in the question, between supporting the private rented sector and achieving the policy objective of supporting first-time buyers. The SFC evidence makes it clear that we have got the balance just about right because the majority of ADS transactions that are lost will be made up of first-time buyers and home movers. There is an important point about fairness. In the budget process, we looked at different rates, and a judgment was made that a 1 per cent increase would strike the right balance between supporting the sector and supporting first-time buyers.
In the same item of business
The Convener
SNP
The next item of business is consideration of subordinate legislation relating to the land and buildings transaction tax. We are joined by Kate Forbes, the M...
The Minister for Public Finance and Digital Economy (Kate Forbes)
SNP
Thank you, convener. I will just say a few words and then I will be very happy to take questions from the committee. The order provides for changes to land ...
The Convener
SNP
Thank you, minister. We will start with questions from Murdo Fraser.
Murdo Fraser
Con
I remind members of my entry in the register of members’ interests that relates to my property investments. I want to ask about the increase in the addition...
Kate Forbes
SNP
There were three questions there, and I will take each in turn. The first was on investments, the second was on rents and the third was on the evidence for t...
Murdo Fraser
Con
On the last point that you made about the increase, would it be reasonable for the Scottish Government to monitor the impact on the market? Should the eviden...
Kate Forbes
SNP
Absolutely. That will definitely be kept under review because of the twin aims of supporting first-time buyers and raising revenue. It is important that, in ...
Murdo Fraser
Con
I have another question on a different but related subject. KPMG makes the point in its submission that the period within which people can claim back ADS if ...
Kate Forbes
SNP
We recognise that there are concerns about the application of ADS in specific cases. As Murdo Fraser will know—I think he welcomed it at the time—we have leg...
Patrick Harvie
Green
The minister mentioned fairness as one of the objectives of the Government policy. We are frequently told that fairness is a general goal of the Scottish Gov...
Kate Forbes
SNP
Patrick Harvie makes an important point about fairness. Without touching specifically on the changes that we are discussing today, I note that our aims in ma...
Patrick Harvie
Green
LBTT was a slight improvement on what went before and the changes that we are discussing are a slight improvement in their own right, but is the Government s...
Kate Forbes
SNP
Certainly, in terms of the way that the Scottish Government has taken on more tax powers over the past two years in particular. We are always looking at ways...
Willie Coffey
SNP
Last week, I asked the Scottish Fiscal Commission for the reason behind its forecast of fairly healthy growth in LBTT revenue over the next five years. The a...
Kate Forbes
SNP
I am more than happy for him to take the credit for that, and not me. It is true to say that, for all years from 2018-19 onwards, LBTT is forecast to raise ...
Willie Coffey
SNP
Is one element that property values are moving through the thresholds and, therefore, more revenue is being yielded? The Fiscal Commission alluded to that be...
Kate Forbes
SNP
The changes reflect the unique aspects of the Scottish property market, which is slightly different from the market in the rest of the UK.
The Convener
SNP
As no other member has indicated a desire to ask a question, we move to agenda item 3, which is consideration of the motion on the order. I invite the minist...
The Convener
SNP
Do members have any further comments?
Murdo Fraser
Con
I do not intend to oppose the order, but I think it is worth putting on the record some of the issues that stakeholders raised in our previous evidence sessi...
The Convener
SNP
We can note that in the report. The question is, that motion S5M-15215 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. I have missed saying that. For Arthur, Tom (Renfrewshire South) (SNP) Bibby, Neil (West Scotland) (Lab) Coffey, Willie (Kilmarn...
The Convener
SNP
The result of the division is: For 8, Against 0, Abstentions 3. Motion agreed to, That the Finance and Constitution Committee recommends that the Lands and...
The Convener
SNP
The committee will produce a short report on the order. I thank the minister and her officials. As previously agreed, we will take the next item in private....