Land and Buildings Transaction Tax (Scotland) Act 2013 section 48

Joint buyers

Section 48 sets out how LBTT obligations, requirements and liabilities are shared among two or more buyers who jointly acquire an interest in land or buildings.

• Where two or more buyers jointly acquire a land interest, any LBTT obligation falls on them jointly but can be fulfilled by any one of them.
• Any liability under the Act, including penalties for failing to meet obligations, is joint and several — meaning Revenue Scotland can pursue any or all of the buyers for the full amount.
• Only a single LBTT return is required for the transaction, but all joint buyers must sign the declaration confirming the return is complete and correct.
• Special rules in Schedules 17 and 18 override these general provisions where the joint buyers are partners in a partnership or trustees of a trust.