Land and Buildings Transaction Tax (Scotland) Act 2013 section 40

Payment of tax

Section 40 sets out when Land and Buildings Transaction Tax must be paid to Revenue Scotland and establishes the general principle that tax is due at the same time as the relevant return is submitted.

• LBTT must be paid to Revenue Scotland (the Tax Authority) whenever it arises on a land transaction.
• Tax or additional tax must be paid at the same time as the relevant return is filed, whether that is the initial land transaction return, a return triggered by a change in consideration, withdrawal of a relief, a linked transaction, or any of the various lease-related returns (including three-yearly reviews, assignations, terminations, leases continuing beyond a fixed term, indefinite-term leases, and variations of rent or term).
• If a previously submitted return is amended and the amendment results in additional tax being due, that additional tax must be paid at the time the amendment is made.
• Tax is treated as paid if Revenue Scotland is satisfied with the arrangements made for its payment, and a separate provision allows taxpayers to apply to defer payment where the consideration is contingent or uncertain.