Completion of enquiry
93Completion 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.
94Direction 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.