Commercial lease tenants - Key information on Land and Buildings Transaction Tax (LBTT)
Depending on your lease terms, you may need to submit a tax return and pay Land and Buildings Transaction Tax (LBTT) to Revenue Scotland.
Leases that come under LBTT also come with additional ongoing responsibilities for the tenant.
You must submit an LBTT return within 30 days of the lease’s effective date (i.e. usually the date of entry/when the lease starts). Your agent or solicitor can submit this for you.
If submitting it yourself, contact Revenue Scotland to request a paper form.
Lease reviews - Tenant ongoing responsibilities
As long as you are the tenant, it is your responsibility to submit a Lease Review Return to Revenue Scotland within 30 days of the following:
- Every three years– Even if nothing has changed or no tax is due, you must submit a return every third anniversary (i.e. year three, year six, year nine etc.) of the lease’s effective date (i.e. usually the date of entry/when the lease starts)
- The date you assign(transfer) the lease to someone else – Once this is submitted, the new tenant will take over future returns
- The date you terminate (end) the lease – A final return must be submitted when the lease is terminated.
You, as the tenant, can submit it online via the Revenue Scotland portal.
Failure to comply with this responsibility will result in a penalty.
For full details on ongoing lease responsibilities, visit Revenue Scotland’s website.