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Chamber

Meeting of the Parliament 23 February 2016

23 Feb 2016 · S4 · Meeting of the Parliament
Item of business
Land and Buildings Transaction Tax (Amendment) (Scotland) Bill: Stage 1

I do, and if there was any lack of clarity about that, I apologise to the member. I absolutely accept that, but there are unintended consequences that we should be alive to, and we should not simply look narrowly at the principle and nothing else.

There are wider questions and there are issues in the bill that need to be addressed. There are areas for exemption that the Scottish Government has said that it will think about further before coming back to the committee at stages 2 and 3. I would like to consider a couple of those areas. There are many more that the committee has spelled out in pages and pages of possible reliefs.

The Scottish Government has a laudable intention of attracting new skilled workers to Scotland. Will any such person who is a home owner abroad and who wants to buy a home here be liable for the additional 3 per cent? If that is the case, I do not think that that sends out the message that the Government wants to send, which is that we would welcome to this country those with the skills that we need. How will ownership abroad be identified and the additional tax be enforced? Alternatively, will Scots who want to buy a second home abroad be liable for 3 per cent of the purchase price? I think that the answer is yes, although that could well be unpopular. However, how would it be checked and enforced? The issue is the practical implementation.

What about women leaving abusive relationships, when, for whatever reason, the woman’s name remains on the ownership of the house that she leaves? Will she be liable for the additional 3 per cent? If a person who is a home owner purchases a half-stake in a flat that is valued at £75,000, will they become liable for 3 per cent of £75,000, liable for 3 per cent of £37,500 or not liable at all? I suggest that there is a complexity that we need to understand, and I wonder whether, in a short period of time, we would not arrive at unintended consequences.

In conclusion, I turn to the revenue that the tax is likely to raise. It is fair to say that the amount raised with residential LBTT is less than expected. So far, we have nine months of outturn data but the modelling of behavioural impacts is critical. The LBTT supplement would have benefited from more assessment but the Scottish Government keeps telling us that there is limited data available. We clearly need more. We want to know the Government’s forecasting methodology. The yield was anticipated to be between £45 million and £70 million, but it has been revised down dramatically to between £17 million and £29 million. If it is simply a tax to generate more income, it is a very inefficient way of doing that.

Perhaps the House of Commons Treasury Committee has got it right and we should proceed with less haste. However, I recognise the dilemma for the Scottish Government, so we will support the general principles of the bill at decision time.

18:12  

In the same item of business

The Presiding Officer (Tricia Marwick) NPA
The next item of business is a debate on motion S4M-15694, in the name of John Swinney, on the Land and Buildings Transaction Tax (Amendment) (Scotland) Bill...
The Deputy First Minister and Cabinet Secretary for Finance, Constitution and Economy (John Swinney) SNP
I am pleased to open the debate on the general principles of the Land and Buildings Transaction Tax (Amendment) (Scotland) Bill, which I introduced on 27 Jan...
The Presiding Officer NPA
I call on Kenneth Gibson to speak on behalf of the Finance Committee. 17:57
Kenneth Gibson (Cunninghame North) (SNP) SNP
It is with pleasure that I speak on behalf of the Finance Committee in this stage 1 debate on the Land and Buildings Transaction Tax (Amendment) (Scotland) B...
Jackie Baillie (Dumbarton) (Lab) Lab
I welcome much of what the cabinet secretary had to say in his speech, and his recognition of the Finance Committee’s recommendations and the concerns expres...
John Mason (Glasgow Shettleston) (SNP) SNP
Does Jackie Baillie accept that the supplement is a good method by which to protect local people from second home owners?
Jackie Baillie Lab
I do, and if there was any lack of clarity about that, I apologise to the member. I absolutely accept that, but there are unintended consequences that we sho...
Gavin Brown (Lothian) (Con) Con
It appears that, both north and south of the border, the measure is far more complex than it first appeared when it was announced in the autumn statement. I ...
Mark McDonald (Aberdeen Donside) (SNP) SNP
Gavin Brown will accept that, in committee, I asked for empirical evidence to support that supposition but none was forthcoming. Therefore, although the sugg...
Gavin Brown Con
Mr McDonald makes a fair point. We do not have empirical evidence, but there is anecdotal evidence, which we got from a number of witnesses. That is one of t...
The Presiding Officer NPA
You will have the opportunity to return to that issue in about four minutes’ time, Mr Brown. Laughter. I call Mark McDonald. You have four minutes, but you...
Mark McDonald (Aberdeen Donside) (SNP) SNP
Oh, gosh. I am now under pressure to give Gavin Brown time to collect his thoughts for his summing-up speech, and perhaps—who knows?—to give him some content...
The Presiding Officer NPA
Thank you, Mr McDonald. You actually got to four minutes and 45 seconds, so you did quite well. We now go to the wind-up speeches—Gavin Brown has four minute...
Gavin Brown Con
I have to say that it has been a fairly short debate. I want to return to the issue of the accidental second-home owner, because I genuinely think that that...
The Presiding Officer NPA
Thank you, Mr Brown. Come May, I will not have any constituents either. 18:27
Lesley Brennan (North East Scotland) (Lab) Lab
I will sum up for the Labour group. It has been a very short debate, but we have heard the key points. During evidence sessions, the Finance Committee heard...
John Swinney SNP
I am always delighted to be able to provide Jackie Baillie with helpful advice. I am not sure whether she was seeking advice, but she asked me whether a char...
Jackie Baillie Lab
Will the Deputy First Minister give way?
John Swinney SNP
I will be happy to provide Jackie Baillie with more advice.
Jackie Baillie Lab
Does that mean than an incoming worker, who might be ordinarily resident somewhere else and is buying a property in Scotland, will be liable? Does the Deputy...
John Swinney SNP
If that person owns a home in another country, the charge will apply. People will have to weigh up all the different issues. Many individual circumstances co...