PART 4Returns and payment

CHAPTER 3Registration of land transactions etc.

43Return to be made and tax paid before application for registration

1

The Keeper of the Registers of Scotland (“the Keeper”) may not accept an application for registration of a document effecting or evidencing a notifiable transaction unless—

a

a land transaction return has been made in relation to the transaction, and

b

any tax payable in respect of the transaction has been paid.

2

The Tax Authority must provide the Keeper with such information as the Keeper reasonably requires to comply with subsection (1).

3

In this section, “registration” means registration or recording in any register under the management and control of the Keeper.

4

For the purposes of subsection (1)(b), tax is treated as paid if arrangements satisfactory to the Tax Authority are made for the payment of the tax.

5

This section is subject to section 41 (application to defer payment of tax in case of contingent or uncertain consideration).