LBTT Legislation Guidance
Land and Buildings Transaction Tax (LBTT) is a tax on transactions in land situated in Scotland. LBTT replaces Stamp Duty Land Tax (SDLT) from 1 April 2015. LBTT applies to standard house purchases and to other types of land transaction as described throughout this guidance.
If a land transaction has an effective date before 1 April 2015, the SDLT regime may still apply – separate guidance is available covering transitional arrangements for SDLT and LBTT.
LBTT is a self-assessed tax and it is the responsibility of the taxpayer to complete and submit an accurate LBTT return, where required, and pay any tax due. The tax is charged regardless of whether there is a document setting out the terms of the transaction, whether any document was executed in Scotland and whether any party to the transaction was present or resident in Scotland at the effective date of the transaction.
This LBTT guidance is intended to supplement and clarify the detail contained in the Land and Buildings Transaction Tax (Scotland) Act 2013 and supporting subordinate legislation.
All references in this guidance to:
- the ‘filing date’ for an LBTT return have the meaning as defined in section 82 of the RSTPA 2014: the ‘date by which that return requires to be made by or under any enactment’
- ‘LBTT(S)A 2013’ mean the Land and Buildings Transaction Tax (Scotland) Act 2013
- ‘RoS’ mean Registers of Scotland (or more specifically, the Keeper of the Registers of Scotland)
- ‘RSTPA 2014’ mean The Revenue Scotland and Tax Powers Act 2014
- ‘we’, ‘us’ or ‘our’ mean Revenue Scotland. ‘We’, ‘us’ or ‘our’ also mean Registers of Scotland where it is carrying out a function delegated to it by us under section 4 of the RSTPA 2014
Note: All links to the www.legislation.gov.uk website are provided for ease of reference but you should be aware that the content displayed may not always reflect the most up-to-date legislation and we therefore take no responsibility for your reliance on it.