Disputes with Revenue Scotland: appeals

The Scottish tax tribunal system deals with appeals in devolved tax matters in Scotland and is distinct from the UK tribunal structure.

The Scottish devolved taxes include land and buildings transaction tax (LBTT) which, in Scotland, replaced SDLT and Scottish landfill tax (SLfT) which, in Scotland, replaced UK landfill tax. Scottish air departure tax, the Scottish aggregates levy and wild fisheries taxes are devolved taxes but have not yet been brought into effect, although the Scottish aggregates levy is expected to come into effect on 1 April 2026. For more information, see Practice Notes: Scotland: devolved taxes and the Scottish tribunal system—outline of devolved taxes and Devolved taxes in the UK—Scotland, Wales and Northern Ireland.

Revenue Scotland is the tax authority responsible for the administration and collection of devolved taxes in Scotland.

Right of appeal

Many of Revenue Scotland’s decisions are able to be appealed by the taxpayer to the First-tier Tribunal for Scotland (Tax Chamber), which, for the purpose of this Overview, is referred to as the Scottish FTT. For more information on which of its decisions are appealable, see Practice Note:

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Market value, distributions and notional transactions—key SDLT lessons from Tower One St George Wharf Ltd v HMRC

Tax analysis: In Tower One St George Wharf Ltd v HMRC, the Court of Appeal considered the basis on which stamp duty land tax (SDLT) should be assessed and whether that resulted in SDLT being paid on the market value, the actual consideration paid, or on some other basis for a complex transaction within a corporate group. The taxpayer argued that the ‘Case 3’ exception under section 54(4) of the Finance Act 2003 (FA 2003) applied, which would result in SDLT being charged on the actual consideration. HMRC argued that the exception did not apply, which would result in SDLT being paid on the market value of the property. Alternatively, HMRC argued that if the exception did apply then the anti-avoidance provisions at section 75A FA 2003 applied, potentially resulting in an even higher SDLT charge. The Court of Appeal held that although the Case 3 exception applied, the anti-avoidance provision in FA 2003, s 75A also applied. This resulted in SDLT being assessed on an aggregate amount that was even higher than the property's market value (although HMRC did not seek to increase its assessment beyond market value). Therefore, the appeal was dismissed. As explained by Jon Stevens, partner, and Rory Clarke, solicitor, at DWF Law LLP, this decision deals with the interaction of a number of complex SDLT provisions and clarifies the SDLT provisions relating to transfers to connected companies and the SDLT anti-avoidance provisions, with implications for corporate structuring and tax planning.

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