Out-Law Guide | 04 Oct 2021 | 11:50 am | 3 min. read
Returns must generally be submitted on the third anniversary of the lease, then every three years thereafter throughout the life of the lease.They are also due if the lease is assifned and when it comes to an end.
LBTT is payable on the net present value (NPV) of the rent payable under a non-residential lease. Under the previous stamp duty land tax (SDLT) regime, NPV was calculated based on the rent for the first five years of the lease, so rent increases after that time had no effect on the tax paid. Under the LBTT regime, NPV is based on actual rent paid. This means that the tenant must pay additional duty as a result of rent increases, but equally may be able to reclaim extra tax paid subject to time limits.
Review returns are required for:
They are not required for:
Where a return is required, it must be submitted regardless of whether there have been any changes to the lease or any additional tax needs to be paid.
A return must be submitted on each LBTT review date. This is usually the third anniversary of the effective date of the lease and then every subsequent third anniversary of that date, and at the expiry of the lease term.
Where the first LBTT return has been made for a lease that became notifiable as a result of an extension to the term or an increase in the rent, the review date is the third anniversary of the date of the variation that made the lease notifiable, and on each subsequent third anniversary of that date.
As part of the return, you as the tenant must recalculate your LBTT liability using actual or the most up-to-date figures. If your initial estimates were too low, a further return must be submitted and any extra LBTT must be paid within five working days of submission of the return. If your initial estimates were too high, the extra tax paid can be reclaimed, subject to time limits. Revenue Scotland has produced guidance on how to calculate tax on a lease review.
Subsequent events may require additional returns or additional LBTT to be paid. These include lease renewals; termination or lease expiry; or assignation or subsequent transactions.
You are required to retain all relevant records relating to the return for a period of at least five years from the day on which the return is made or, if the return is amended within the 12 month period allowed, five years after the amendment is notified.
Examples of documents and records which might need to be retained include:
If Revenue Scotland gives notice of its intention to carry out an inquiry, all relevant records must be kept until the inquiry is completed. Penalties may be charged for any failure to keep records. There is a period of three years from the date of filing during which Revenue Scotland can open an inquiry.
Revenue Scotland has produced guidance for completion of the lease review LBTT return, which provides more information about the basis on which the return is completed and submitted. It has also produced some worked examples.
14 Apr 2015