PART 8Penalties

CHAPTER 5Other administrative penalties

Penalties for failure to register for tax etc.

209Penalty for failure to register for tax etc.

1

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

a

P fails to comply with a requirement imposed by or under section 22 or 23 of the LT(S) Act 2014 (“a relevant requirement”), and

b

the failure was—

i

deliberate on P’s part (“a deliberate failure”), or

ii

careless on P’s part (“a careless failure”).

2

A failure is careless if it is due to a failure by P to take reasonable care.

3

A failure by P to comply with a relevant requirement, which was neither deliberate nor careless on P’s part at an earlier time, is to be treated as careless if P—

a

discovered the failure at some later time, and

b

did not take reasonable steps to inform Revenue Scotland.

4

Section 210 sets out the penalty under this section.