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Munro v Revenue Scotland

In Munro v Revenue Scotland [2019] FTSTC 6 (7 August 2019) the First-tier Tribunal for Scotland Tax Chamber (Scottish FTT) upheld a penalty notice issued to Ms Munro because she had not paid the land and buildings transaction tax (LBTT) at the same time as the LBTT return had been made even though the return had been submitted earlier than the due date for filing.

Under the Land and Buildings Transaction Tax (Scotland) Act (LBTT(S)A) 2013 s 29(3) buyers have 30 days to make their LBTT return beginning with the day after the effective date of the transaction which is usually completion. Under s 40(2) the tax must normally be paid at the same time as the LBTT return is made.

In Ms Munro’s case the effective date of the transaction was 10 August 2018 making the deadline for filing the LBTT return 9 September...

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