LBTT4018 - Content of the application to defer payment of tax

LBTT4018 - Content of the application to defer payment of tax

The application must set out:

  • the effective date of the transaction;
  • the identity of the buyer;
  • if you are acting on behalf of someone else, a copy of your authority to act and the capacity in which you are acting;
  • the location of the land involved;
  • the nature of the contingency/uncertain payment;
  • the amount of consideration for which deferment is sought;
  • as much detail of the times of expected payments as it is possible to give;
  • a reasoned opinion as to when this part of the consideration will cease to be contingent or can be ascertained;
  • a calculation of the LBTT payable on the total of the actual and the contingent/uncertain consideration; and
  • a calculation of the amount of LBTT in respect of which the application to defer payment refers.

Where the contingent or uncertain consideration relates to, or any element of that consideration consists of:

  • construction works, works to improve or repair a building or other works to enhance the value of the property; or
  • the provision of services,

then the application must include a proposal to us for the payment of tax within 30 days of the substantial completion of the works or services. If the works or services are expected to take longer than 6 months, then the application must set out a payment schedule for tax at intervals of not more than 6 months.

Regulation 5 of The Land and Buildings Transaction Tax (Administration) (Scotland) Regulations 2014

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