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More Scottish regulations set to come into force

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The Scottish Landfill Tax (Qualifying Material) Order, SSI 2015/45, has been laid before the Scottish Parliament and lists the materials that will qualify for the lower rate of Scottish landfill tax from 1 April 2015.

In addition, the following have been published in draft, to come into force on 1 April 2015:

  • The Revenue Scotland and Tax Powers Act (Reimbursement Arrangements) Regulations, SI 2015/Draft, which specify the steps that a taxpayer claiming repayment of tax from Revenue Scotland must take to reimburse customers who have ultimately borne the cost of paying the tax, to demonstrate that the claimant is not unjustly enriched by the repayment. A claimant will have 90 days to make the reimbursements.
  • The Revenue Scotland and Tax Powers Act (Interest on Unpaid Tax and Interest Rates in General) Regulations, SI 2015/Draft, which set out the relevant dates from which interest will run on unpaid devolved taxes in Scotland, including where a taxpayer has died. The rate for late payment of tax will be the Bank of England rate plus 2.5%. The repayment rate will be the higher of 0.5% and the Bank of England rate.
  • The Revenue Scotland and Tax Powers Act (Record Keeping) Regulations, SI 2015/Draft, which specify records that taxpayers must keep in relation to Scottish landfill tax, and that buyers must keep in relation to non-notifiable transactions for land and buildings transaction tax.
  • The Revenue Scotland and Tax Powers Act (Postponement of Tax Pending a Review or Appeal) Regulations, SI 2015/Draft, which allow Revenue Scotland to postpone tax, penalties and interest relating to land and buildings transaction tax, where ‘exceptional circumstances’ exist pending a review or appeal.
  • The Scottish Landfill Tax (Standard Rate and Lower Rate) Order, SI 2015/Draft, which sets the standard rate and lower rate of Scottish landfill tax at £82.60 and £2.60 respectively, to apply in relation to taxable disposals.
  • Land and Buildings Transaction Tax (Tax Rates and Tax Bands) (Scotland) Order, SI 2015/Draft, which specifies tax rates and tax bands for land and buildings transaction tax, which has effect in relation to land transactions in Scotland, subject to transitional provisions for certain transactions which began under SDLT.
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