Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11)

PART 4 Returns and payment

CHAPTER 3 Registration of land transactions etc.

43 Return to be made and tax paid before application for registration

(1) The Keeper of the Registers of Scotland (“the Keeper”) may not accept an application for registration of a document effecting or evidencing a notifiable transaction unless—

(a) a land transaction return has been made in relation to the transaction, and

(b) any tax payable in respect of the transaction has been paid.

(2) The Tax Authority must provide the Keeper with such information as the Keeper reasonably requires to comply with subsection (1).

(3) In this section, “registration” means registration or recording in any register under the management and control of the Keeper.

(4) For the purposes of subsection (1)(b), tax is treated as paid if arrangements satisfactory to the Tax Authority are made for the payment of the tax.

(5) This section is subject to section 41 (application to defer payment of tax in case of contingent or uncertain consideration).