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Further Scottish regulations

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The following regulations will also come into force on 1 April:

  • The Land and Buildings Transaction Tax (Tax Rates and Tax Bands) (Scotland) Order, SSI 2015/126, specifies the tax rates and tax bands for land and buildings transaction tax (LBTT), which has effect in relation to land transactions in Scotland, subject to transitional provisions for certain transactions which began under SDLT.
  • The Land and Buildings Transaction Tax (Sub-sale Development Relief and Multiple Dwellings Relief) (Scotland) Order, SSI 2015/123, introduces a new sub-sale development relief from LBTT in Scotland and introduces amendments to ensure that multiple dwellings relief applies only to the acquisition of multiple dwellings, not multiple dwellings and other property.
  • The Scottish Landfill Tax (Standard Rate and Lower Rate) Order, SSI 2015/127, sets the standard rate and lower rate of Scottish landfill tax at £82.60 and £2.60 respectively, to apply in relation to taxable disposals made on or after 1 April 2015.
  • The Revenue Scotland and Tax Powers Act (Reimbursement Arrangements) Regulations, SSI 2015/131, specify the steps a taxpayer claiming repayment of tax from Revenue Scotland must take to reimburse customers who have ultimately borne the cost of paying the tax, to demonstrate that the claimant is not unjustly enriched by the repayment. A claimant will have 90 days to make the reimbursements.
  • The Revenue Scotland and Tax Powers Act (Interest on Unpaid Tax and Interest Rates in General) Regulations, SSI 2015/128, set out the relevant dates from which interest will run on unpaid devolved taxes in Scotland, including where a taxpayer has died. The rate for late payment of tax will be the Bank of England rate plus 2.5%. The repayment rate will be the higher of 0.5% and the Bank of England rate.
  • The Revenue Scotland and Tax Powers Act (Postponement of Tax Pending a Review or Appeal) Regulations, SSI 2015/129, allow Revenue Scotland to postpone tax, penalties and interest relating to LBTT where ‘exceptional circumstances’ exist pending a review or appeal.

The Revenue Scotland and Tax Powers Act (Record Keeping) Regulations, SSI 2015/130, specify records which taxpayers must keep in relation to landfill tax in Scotland from 1 April 2015. They also specify records which the buyer must keep in relation to non-notifiable transactions for LBTT.