There are a number of tax reliefs which provide whole or partial relief from LBTT. Any relief must be claimed in the first LBTT return made in relation to the transaction or in an amendment of that return, even if no tax is due (See our guidance on Rules regarding amendments). The quickest and easiest way to make the LBTT return is by completing and submitting it online.
Before making a claim for relief, buyers must satisfy themselves that the relief is due and that all the relevant conditions have been met. In order to claim a relief, the buyer should indicate that a relief is being claimed and complete the relevant section of the LBTT return, indicating which relief, or reliefs, is or are being claimed.
Any fraudulent arrangements concerning reliefs will be referred for criminal investigation and prosecution. Any artificial arrangements concerning reliefs are likely to fall foul of the Scottish General Anti-Avoidance Rule (see RSTP8001) even where the schedule for an individual relief does not contain a specific Targeted Anti-Avoidance Rule (TAAR).
Guidance on each relief, including the conditions and rules pertaining to each relief, is available at the following pages.