S18 Stamp Duty Land Tax
Section 43 of the Land and Buildings Transaction Tax (Scotland) Act 2013 (LBTT) of the Act came into force on 1 April 2015, however the tax legislation that applies is dependent on the effective date of the land transaction.
Where the effective date of the land transaction is on or after 1 April 2015, the requirements of LBTT under section 43 of the Land and Buildings Transaction Tax (Scotland) Act 2013 will apply.
However, where the effective date of the land transaction is prior to 1 April 2015 the requirements of Stamp Duty Land Tax (SDLT) under section 79 of the Finance Act 2003 will apply. This requires that a recordable deed evidencing a land transaction which must be notified to Her Majesty's Revenue and Customs (HMRC) must not be registered in any register maintained by the Keeper of the Registers of Scotland, unless it is accompanied by an Stamp Duty Land Tax (SDLT) certificate.
SDLT is a tax which is sometimes payable on a limited range of transactions with the ownership of land or certain rights in land. These transactions must be notified to HMRC, who issue a certificate confirming that the transaction has been notified. The certificate issued will be an SDLT 5 Certificate or a Submission Receipt and Electronic SDLT 5.
As the "Effective date" usually means the date of completion of a transaction, the numbers of applications requiring SDLT evidence will diminish.
Examples
Unusual cases - where it may be unclear if SDLT evidence is required
- A renunciation of lease where a premium is paid of £40,000 or more from landlord to tenant (not tenant to landlord)
- A deed relating to residential land, either creating a servitude right, a pre-emption or a liferent or a deed discharging,waiving or varying such a right or encumbrance where there is a consideration of £125,000 or more
- A deed relating to non-residential or mixed use land, either creating a servitude right, a pre-emption or a liferent or a deed discharging, waiving or varying such a right or encumbrance where there is a consideration of £150,000 or more
S18.12 Deeds Remaining Liable to Stamp Duty
S18.11 Transitional Arrangements
S18.18 Appendix 5
S18.16 Appendix 3
S18.15 Appendix 2
S18.14 Appendix 1
S18.8 Self-Certificate
S18.19 Appendix 6
- S18.19.4 Transfers for Certain Good and Onerous Causes
- S18.19.2 Transfers Where Consideration is Under £60K
- S18.19.6 Deed of Conditions
- S18.19.5 Notice of Title and Links in Title
- S18.19.8 Sub-Sales
- S18.19.7 Transfers to Government Departments
- S18.19.10 Completion of Self-Certificate
- S18.19.9 Disadvantaged Area Relief and Other Relief
- S18.19.1 Deeds that Contain Erroneous References to Finance Act Certificate or Exempt Instrument Regulations Certificate
- S18.19.11 Photocopy Certificates
- S18.19.3 Transfers Where no Consideration Passes
S18.10 Sasine Drafter Responsibilities
S18.9 Examination of Certificates
S18.3 The Keeper's Role
S18.7 Revenue Certificate
S18.4 What is a Land Transaction?
S18.5 The Certification Regime
S18.6 Office Procedure
S18.17 Appendix 4
S18.13 Land Transactions Involving Multiple Properties
S18.1 Introduction
S18.2 SDLT and Stamp Duty Compared
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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