Section 185 Penalty for inaccuracy in taxpayer document attributable to another personI1

(1)

A penalty is payable by a person (“T”) where—

(a)

another person (“P”) gives Revenue Scotland a document of a kind mentioned in the table in section 182,

(b)

the document contains a relevant inaccuracy, and

(c)

the inaccuracy was attributable—

(i)

to T deliberately supplying false information to P (whether directly or indirectly), or

(ii)

to T deliberately withholding information from P,

with the intention of the document containing the inaccuracy.

(2)

A “relevant inaccuracy” is an inaccuracy which amounts to, or leads to—

(a)

an understatement of a liability to tax,

(b)

a false or inflated statement of a loss, exemption or relief, or

(c)

a false or inflated claim for relief or to repayment of tax.

(3)

A penalty is payable by T under this section in respect of an inaccuracy whether or not P is liable to a penalty under section 182 in respect of the same inaccuracy.

(4)

The penalty payable under this section is 100% of the potential lost revenue.

Annotations

Commencement

I1: S. 185 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)