Revenue Scotland LBTT: Guidance on Appealing Upper Tribunal Decisions to the Court of Session
Onward Appeal from Upper Tribunal for Scotland
This section provides guidance on appealing decisions from the Upper Tribunal for Scotland to the Court of Session. Appeals are allowed on points of law with permission required from the Upper Tribunal or the Court of Session. The guidance outlines the ‘first appeals test’ and ‘second appeals test’, and details the process for seeking permission and the circumstances under which decisions are final and cannot be appealed.
- Appeals to the Court of Session are on points of law only.
- Permission is needed from the Upper Tribunal or Court of Session.
- ‘First appeals test’ requires arguable grounds for appeal.
- ‘Second appeals test’ requires an important point of principle or practice.
- Certain decisions of the Upper Tribunal are final and not appealable.
- The Court of Session can uphold, quash, or remit decisions.
- Further appeals may be possible to higher courts.
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Read the original guidance here:
Revenue Scotland LBTT: Guidance on Appealing Upper Tribunal Decisions to the Court of Session
Understanding the Land and Buildings Transaction Tax in Scotland
The Land and Buildings Transaction Tax (LBTT) is a tax applied in Scotland on the purchase of residential and non-residential land and buildings. Introduced in April 2015, it replaced the UK-wide Stamp Duty Land Tax (SDLT) in Scotland. This article aims to provide a clear understanding of LBTT, its rates, and its implications for property buyers in Scotland.
What is the Land and Buildings Transaction Tax?
The LBTT is a tax levied on property transactions in Scotland. It is payable by the buyer and is calculated based on the purchase price of the property. The tax applies to both residential and non-residential properties, with different rates and bands for each category.
Residential Property
For residential properties, the LBTT is calculated using a progressive tax system. This means that different portions of the property price are taxed at different rates. Here is a breakdown of the current rates:
- Up to £145,000: 0%
- £145,001 to £250,000: 2%
- £250,001 to £325,000: 5%
- £325,001 to £750,000: 10%
- Over £750,000: 12%
For example, if you purchase a house for £300,000, the LBTT would be calculated as follows:
- 0% on the first £145,000 = £0
- 2% on the next £105,000 (£145,001 to £250,000) = £2,100
- 5% on the remaining £50,000 (£250,001 to £300,000) = £2,500
Total LBTT payable: £4,600
Non-Residential Property
For non-residential properties, the LBTT rates are structured differently:
- Up to £150,000: 0%
- £150,001 to £250,000: 1%
- Over £250,000: 5%
For example, if you purchase a commercial property for £400,000, the LBTT would be calculated as follows:
- 0% on the first £150,000 = £0
- 1% on the next £100,000 (£150,001 to £250,000) = £1,000
- 5% on the remaining £150,000 (£250,001 to £400,000) = £7,500
Total LBTT payable: £8,500
Additional Dwelling Supplement (ADS)
In addition to the standard LBTT rates, an Additional Dwelling Supplement (ADS) may apply. This is an extra charge on the purchase of additional residential properties, such as buy-to-let properties or second homes. The ADS rate is currently 4% of the total purchase price.
For instance, if you buy a second home for £200,000, you would pay the standard LBTT plus the ADS:
- Standard LBTT: £1,100 (2% on £55,000)
- ADS: £8,000 (4% on £200,000)
Total LBTT payable: £9,100
Exemptions and Reliefs
There are certain exemptions and reliefs available under the LBTT system. These can reduce the amount of tax payable or eliminate it altogether in specific situations.
First-Time Buyer Relief
First-time buyers purchasing a property up to £175,000 can benefit from a relief that reduces their LBTT liability. This relief increases the zero-rate threshold from £145,000 to £175,000, potentially saving up to £600.
Other Reliefs
Other reliefs may apply in situations such as:
- Transfers of property between spouses or civil partners
- Charitable organisations purchasing property
- Property transactions as part of a divorce settlement
For a comprehensive list of reliefs and exemptions, you can visit the Revenue Scotland LBTT page.
How to Pay LBTT
LBTT is usually paid by your solicitor on your behalf as part of the property purchase process. The payment must be made within 30 days of the effective date of the transaction, which is typically the date of completion.
Your solicitor will also submit an LBTT return to Revenue Scotland, detailing the transaction and the amount of tax paid. It is important to ensure that this is done promptly to avoid any penalties or interest charges.
Impact of LBTT on the Property Market
The introduction of LBTT has had various impacts on the Scottish property market. By adopting a progressive tax system, it aims to make property purchases more affordable for lower-value transactions while ensuring that higher-value purchases contribute more in tax.
However, the Additional Dwelling Supplement has been a point of contention, particularly among buy-to-let investors and those purchasing second homes. The additional cost can make these investments less attractive, potentially impacting the rental market.
Conclusion
The Land and Buildings Transaction Tax is a significant consideration for anyone purchasing property in Scotland. Understanding the rates, bands, and potential reliefs can help buyers make informed decisions and budget effectively for their property transactions.
For more detailed information and guidance, you can visit the official Revenue Scotland LBTT page.
Useful article? You may find it helpful to read the original guidance here: Revenue Scotland LBTT: Guidance on Appealing Upper Tribunal Decisions to the Court of Session
