PART 8Penalties

CHAPTER 5Other administrative penalties

Penalties under Chapter 5: general

I1212Reduction in penalty under section 209 for disclosure

1

Revenue Scotland may reduce a penalty under section 209 where P discloses a failure to comply with a relevant requirement (“a relevant failure”).

2

P discloses a relevant failure by—

a

telling Revenue Scotland about it,

b

giving Revenue Scotland reasonable help in quantifying any tax unpaid by reason of it, and

c

allowing Revenue Scotland access to records for the purpose of checking how much tax is so unpaid.

3

Reductions under this section may reflect—

a

whether the disclosure was prompted or unprompted, and

b

the quality of the disclosure.

4

Disclosure of a relevant failure—

a

is “unprompted” if made at a time when P has no reason to believe that Revenue Scotland has discovered or is about to discover the failure, and

b

otherwise, is “prompted”.

5

In relation to disclosure, “quality” includes timing, nature and extent.