PART 6Tax returns, enquiries and assessments

CHAPTER 4Revenue Scotland enquiries

Referral during enquiry

88Referral of questions to appropriate tribunal during enquiry

1

At any time when an enquiry is in progress into a tax return any question arising in connection with the subject-matter of the return may be referred to the appropriate tribunal for determination.

2

Notice of the referral must be given to the appropriate tribunal jointly by the relevant person and a designated officer.

3

More than one notice of referral may be given under this section in relation to an enquiry.

89Withdrawal of notice of referral

A designated officer or the relevant person may withdraw a notice of referral under section 88.

90Effect of referral on enquiry

1

While proceedings on a referral under section 88 are in progress in relation to an enquiry—

a

no closure notice may be given in relation to the enquiry, and

b

no application may be made for a direction to give a closure notice.

2

Proceedings on a referral are “in progress” where—

a

notice of referral has been given and has not been withdrawn, and

b

the question referred has not been finally determined.

3

A question referred has been “finally determined” when—

a

it has been determined by the appropriate tribunal, and

b

there is no further possibility of the determination being varied or set aside (disregarding any power to grant permission to appeal out of time).

91Effect of determination

1

A determination under section 88 is binding on the parties to the referral in the same way, and to the same extent, as a decision on a preliminary plea in an appeal.

2

The designated officer conducting the enquiry must take the determination into account—

a

in reaching conclusions on the enquiry, and

b

in the formulation of any amendments of the tax return that may be required to give effect to those conclusions.

3

The question determined may not be reopened on an appeal, except to the extent that it could be reopened if it had been determined as a preliminary plea in that appeal.

92“Appropriate tribunal”

1

Where the question to be referred under section 88 is of the market value of any land, the appropriate tribunal is the Lands Tribunal for Scotland.

2

In any other case a referral under section 88 is to be made to—

a

the First-tier Tribunal,

b

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

c

any other court or tribunal specified by the Scottish Ministers by order.

3

References to the “appropriate tribunal” in sections 88 and 90 are to be read accordingly.