PART 6Tax returns, enquiries and assessments

CHAPTER 4Revenue Scotland enquiries

Completion of enquiry

I393Completion of enquiry

1

An enquiry under section 85 is completed—

a

when a designated officer informs the relevant person by a notice (a “closure notice”) that the enquiry is complete and states the conclusions reached in the enquiry, or

b

no closure notice having been given, 3 years after the relevant date.

2

A closure notice must be given no later than 3 years after the relevant date.

3

A closure notice must either—

a

state that in the officer's opinion no amendment of the tax return is required, or

b

make the amendments of the return required to give effect to the officer's conclusions.

4

Where a closure notice is given which makes amendments of a return as mentioned in subsection (3)(b), section 83 does not apply.

5

A closure notice takes effect when it is issued.

6

The taxpayer must pay any amount, or additional amount, of tax chargeable as a result of an amendment made by a closure notice before the end of the period of 30 days beginning with the day on which the notice is given.

7

In subsections (1) and (2) “relevant date” has the same meaning as in section 85.

I1I294Direction to complete enquiry

1

The relevant person may apply to the tribunal for a direction that a closure notice is to be given within a specified period.

2

The tribunal hearing the application must give a direction unless satisfied that Revenue Scotland has reasonable grounds for not giving a closure notice within that period.

3

In this paragraph “the tribunal” means—

a

the First-tier Tribunal, or

b

where determined by or under tribunal rules, the Upper Tribunal.