Section 186 Penalty for failure to notify under-assessmentI1

(1)

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

(a)

a Revenue Scotland assessment understates P's liability to a devolved tax, and

(b)

P has failed to take reasonable steps to notify Revenue Scotland, within the period of 30 days beginning with the date of the assessment, that it is an under-assessment.

(2)

In deciding what steps (if any) were reasonable, Revenue Scotland must consider—

(a)

whether P knew, or should have known, about the under-assessment, and

(b)

what steps it would have been reasonable to take to notify Revenue Scotland.

(3)

The penalty payable under this section is 30% of the potential lost revenue.

(4)

In this section—

(a)

“Revenue Scotland assessment” includes “Revenue Scotland determination”, and

(b)

accordingly, references to an under-assessment include an under-determination.

Annotations

Commencement

I1: S. 186 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)