Regulation 8 Bankruptcy or incapacity of registrable personsI1

Scotland

(1)

If a registrable person becomes bankrupt or incapacitated, Revenue Scotland may, from the date on which the registrable person became bankrupt or incapacitated, as the case may be, treat as a registrable person any person carrying on any taxable business of the registrable person; and any legislation relating to Scottish landfill tax shall apply to any person so treated as though that person were a registered person.

(2)

Any person carrying on such business as aforesaid shall, within 30 days of commencing to do so, inform Revenue Scotland in writing of that fact and the date of the bankruptcy order or of the nature of the incapacity and the date on which it began.

(3)

Where Revenue Scotland have treated a person carrying on a business as a registrable person under paragraph (1) above, they shall cease so to treat that person if—

(a)

the registration of the registrable person is cancelled, whether or not any other person is registered with the registration number previously allocated to the registrable person;

(b)

the bankruptcy is discharged or the incapacity ceases; or

(c)

the person ceases carrying on the business of the registrable person.

F1(4)

A body corporate becomes bankrupt or incapacitated when it—

(a)

goes into liquidation;

(b)

enters administration under Part 2 of the Insolvency Act 1986 or Part 3 of the Insolvency (Northern Ireland) Order 1989; or

(c)

has an administrative receiver (as defined in section 251 of the Insolvency Act 1986) appointed in respect of it.

(5)

An individual becomes bankrupt or incapacitated when the individual—

(a)

becomes subject to a bankruptcy restrictions order under section 155 of the Bankruptcy (Scotland) Act 2016;

(b)

becomes incapacitated (within the meaning of the Adults with Incapacity (Scotland) Act 2000);

(c)

starts to serve a sentence of imprisonment or is remanded in custody in the United Kingdom; or

(d)

is detained in hospital under the Mental Health (Care and Treatment) (Scotland) Act 2003.

(6)

An individual or a partnership becomes bankrupt or incapacitated when the estate of that person—

(a)

is sequestrated under the Bankruptcy (Scotland) Act 2016; or

(b)

is made subject to a protected trust deed (see section 163 of the Bankruptcy (Scotland) Act 2016).

(7)

A body corporate, individual or partnership which or who is subject to the laws of a jurisdiction other than Scotland becomes bankrupt or incapacitated on the occurrence of circumstances analogous to those described in paragraphs (4) to (6).

Annotations

Textual amendments

F1: Reg. 8(4)-(7) substituted for reg. 8(4) (29.5.2017) by The Scottish Landfill Tax (Administration) Amendment Regulations 2017 (S.S.I. 2017/139), regs. 1(2), 4

Commencement

I1: Reg. 8 in force at 16.2.2015, see reg. 1(2)