Land and Buildings Transaction Tax (Scotland) Act 2013 section 42

Regulations about applications under section 41

Section 42 gives the Scottish Ministers the power to make regulations setting out the detailed rules for how deferral applications under section 41 (deferring LBTT where consideration is contingent or uncertain) are to work in practice.

• The Scottish Ministers may make regulations covering the timing, information requirements, grounds for refusal, and procedural steps for deferral applications.
• Regulations may allow tax payments to be postponed while an application is being considered and set out what happens when an application is accepted.
• The buyer may be required to submit further returns and make additional tax payments in specified circumstances.
• Where a deferral application is accepted alongside other payments already made on the same transaction, the regulations may replace the normal adjustment rules with an alternative adjustment mechanism.

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