Land and Buildings Transaction Tax (Scotland) Act 2013 section 43

Return to be made and tax paid before application for registration

Section 43 requires that an LBTT return must be submitted and any tax due must be paid before a land transaction can be registered with the Keeper of the Registers of Scotland.

• The Keeper of the Registers of Scotland cannot accept an application to register a document relating to a notifiable land transaction unless an LBTT return has been filed and any tax due has been paid.
• Revenue Scotland must share with the Keeper whatever information the Keeper reasonably needs to verify that these conditions have been met.
• Tax is treated as paid if Revenue Scotland is satisfied with the arrangements made for its payment, even if the money has not yet been physically received.
• An exception applies where the buyer has been granted a deferral of tax payment under section 41, which deals with contingent or uncertain consideration.