LBTT4018 - Content of the application to defer payment of tax

LBTT guidance on the content of the application to defer payment of tax where all or part of the consideration is contingent or uncertain.

The application must set out:

  • the effective date of the transaction;
  • the identity of the buyer;
  • 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.
  • Please provide a copy of a mandate signed by your client confirming your authority to act on their behalf. Until we have this we will be unable to correspond with you so it is important you provide this.

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

Ref ID: 
LBTT4018
Archive Date: 
27 October 2015
Last updated: 
23 June 2015

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Updated date: 2015-10-27 15:39
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Updated date: 2015-10-27 15:37
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