Search Legislation

Air Departure Tax (Scotland) Act 2017

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Air Departure Tax (Scotland) Act 2017, SCHEDULE 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

SCHEDULE 2SMINOR AND CONSEQUENTIAL MODIFICATIONS TO REVENUE SCOTLAND AND TAX POWERS ACT 2014

(introduced by section 45)

This schedule has no associated Explanatory Notes

1This schedule amends the Revenue Scotland and Tax Powers Act 2014.S

2(1)Section 141 (power to inspect business premises) is amended as follows.S

(2)After subsection (3) insert—

(3A)In this Chapter, “business premises”—

(a)in relation to a person, means premises (or any part of premises) that a designated officer has reason to believe are (or is) used in connection with the carrying on of a business by or on behalf of the person, but

(b)in relation to a taxable person under the ADT(S) Act 2017, does not include the premises of any tax representative or handling agent of the person, within the meaning of that Act.

(3B)Subsection (3A)(b) does not prevent tax representatives or handling agents, or any category of tax representatives or handling agents, from being specified under section 142 as involved third parties for the purposes of that section..

(3)In subsection (4), repeal the definition of “business premises”.

3(1)Section 159 (penalty for failure to make returns) is amended as follows.S

(2)In subsection (1), at the end of the table add—

3.Air departure taxReturn under section 24 or 25 of the ADT(S) Act 2017.

(3)In subsection (6), after “item 2” insert “ or 3 ”.

4In the italic heading before section 164, after “Scottish landfill tax” insert and air departure tax.S

5(1)Section 164 (Scottish landfill tax: first penalty for failure to make return) is amended as follows.S

(2)In the section title, after “Scottish landfill tax” insert and air departure tax.

(3)In subsection (1), after “item 2” insert “ or 3 ”.

6In section 165 (Scottish landfill tax: multiple failures to make return), in the section title, after “Scottish landfill tax” insert and air departure tax.S

7In section 166 (Scottish landfill tax: 6 month penalty for failure to make return), in the section title, after “Scottish landfill tax” insert and air departure tax.S

8In section 167 (Scottish landfill tax: 12 month penalty for failure to make return), in the section title, after “Scottish landfill tax” insert and air departure tax.S

9(1)Section 168 (penalty for failure to pay tax) is amended as follows.S

(2)In subsection (1), for the table substitute—

Taxes to which payment relatesAmount of tax payableDate after which penalty incurred
1.Land and buildings transaction tax

Amount payable under section 40 of the LBTT(S) Act 2013.

(See also item 4, below)

The date falling 30 days after the date by which the amount must be paid.
2.Scottish landfill tax

Amount payable under regulations made under section 25 of the LT(S) Act 2014.

(See also item 4, below)

The date by which the amount must be paid.
3.Air departure tax

Amount payable under section 23(2) of the ADT(S) Act 2017 as a result of a return under section 24 or 25 of that Act.

(See also item 4, below)

The date by which the amount must be paid.
4.Land and buildings transaction tax, Scottish landfill tax and air departure tax

(a)Additional amount payable as a result of an adjustment under section 66 of this Act.

(b)Additional amount payable as a result of an amendment under section 83 of this Act.

(c)Additional amount payable as a result of an amendment under section 87 of this Act.

(d)Additional amount payable as a result of an amendment under section 93 of this Act.

(e)Amount assessed under section 95 of this Act in the absence of a return.

(f)Amount payable as a result of an assessment under section 98 of this Act.

(a)The date by which the amount must be paid.

(b)The date by which the amount must be paid.

(c)The date falling 30 days after the date by which the amount must be paid.

(d)The date by which the amount must be paid.

(e)The date falling 30 days after the date by which the amount must be paid.

(f)The date by which the amount must be paid..

(3)In subsection (4), for “payment falling within item 1 of the table” substitute “ payment relating to land and buildings transaction tax ”.

(4)In subsection (5), for “payment falling within item 2 of the table” substitute “payment relating to Scottish landfill tax or air departure tax

10In section 169 (land and buildings transaction tax: amounts of penalties for failure to pay tax), in subsection (1), for “payment of tax falling within item 1 of the table in section 168” substitute “ payment referred to in section 168(1) and relating to land and buildings transaction tax ”.S

11In the italic heading before section 170, after “Scottish landfill tax” add and air departure tax.S

12(1)Section 170 (Scottish landfill tax: first penalty for failure to pay tax) is amended as follows.S

(2)In the section title, after “Scottish landfill tax” insert and air departure tax.

(3)In subsection (1), for “payment of tax falling within item 2 of the table in section 168” substitute “ payment referred to in section 168(1) and relating to Scottish landfill tax or air departure tax ”.

13(1)Section 171 (Scottish landfill tax: penalties for multiple failures to pay tax) is amended as follows.S

(2)In the section title, after “Scottish landfill tax” insert and air departure tax.

(3)In subsection (1)(b), for “payment (“payment B”) falling within the same item in the table in section 168 as payment A” substitute “ payment referred to in section 168(1) (“payment B”) that relates to the same type of tax as payment A ”.

14In section 172 (Scottish landfill tax: 6 month penalty for failure to pay tax), in the section title, after “Scottish landfill tax” insert and air departure tax.S

15In section 173 (Scottish landfill tax: 12 month penalty for failure to pay tax), in the section title, after “Scottish landfill tax” insert and air departure tax.S

16(1)Section 182 (penalty for inaccuracy in taxpayer document) is amended as follows.S

(2)In subsection (6), at the end of the table add—

3.Air departure tax

(a)Return under section 24 or 25 of the ADT(S) Act 2017.

(b)Application to use special accounting scheme under section 27 of the ADT(S) Act 2017.

(c)Amended return under section 83 of this Act.

(d)Claim under section 106, 107 or 108 of this Act..

(3)In subsection (7), for “item 1 or 2” substitute “ any item ”.

17In the italic heading before section 209, for “register for tax etc.” substitute comply with relevant requirement.S

18(1)Section 209 (penalty for failure to register for tax etc.) is amended as follows.S

(2)In the section title, for “register for tax etc.” substitute comply with relevant requirement.

(3)In subsection (1), for paragraph (a) substitute—

(a)P fails to comply with a requirement imposed by or under any of the following provisions (“a relevant requirement”)

(i)section 22 or 23 of the LT(S) Act 2014 (registration and information required to keep register up to date),

(ii)section 21(2) of the ADT(S) Act 2017 (registration),

(iii)section 28(2)(a) of the ADT(S) Act 2017 (tax representatives), or

(iv)section 35(4) of the ADT(S) Act 2017 (security for payment of air departure tax), and.

19(1)Section 210 (amount of penalty for failure to register for tax etc.) is amended as follows.S

(2)In the section title, for “failure to register for tax etc.” substitute failure to comply with relevant requirement.

(3)For subsection (4) substitute—

(4)The potential lost revenue is the amount of tax (if any) for which P is liable for the following period—

(a)in the case of the relevant requirement specified in section 209(1)(a)(i) or (ii) (relating to registration), the period—

(i)beginning on the date with effect from which P is required in accordance with that requirement to be registered, and

(ii)ending on the date on which Revenue Scotland received notification of, or otherwise became fully aware of, P's liability to be registered,

(b)in the case of the relevant requirement specified in section 209(1)(a)(iii) (relating to tax representatives for air departure tax), the period—

(i)beginning on the date with effect from which P is required in accordance with that requirement to appoint a tax representative, and

(ii)ending on the date on which Revenue Scotland received notification, or otherwise became fully aware, that P had appointed a tax representative, and

(c)in the case of the relevant requirement specified in section 209(1)(a)(iv) (security for air departure tax), the period—

(i)beginning on the date with effect from which P is required in accordance with that requirement to provide security, and

(ii)ending on the date on which Revenue Scotland received the security..

20In the italic heading before section 211, for “Chapter 5” substitute section 209.S

21After section 215 (assessment of penalties under section 209), insert—S

Tax-related penalty: air departure taxS

215ATax-related penalty

(1)This section applies if—

(a)a person becomes liable to a penalty under section 209(1)(a)(iii) or (iv) (tax representatives or security for the payment of air departure tax),

(b)the failure continues after a penalty is imposed under that section,

(c)a designated officer has reason to believe that, as a result of the failure, the amount of tax that the person has paid, or is likely to pay, is significantly less than it would otherwise have been,

(d)before the end of the period of 12 months beginning with the date on which the person became liable to the penalty under section 209(1)(a)(iii) or (iv), a designated officer makes an application to the Upper Tribunal for an additional penalty to be imposed on the person, and

(e)the Upper Tribunal decides that it is appropriate for an additional penalty to be imposed.

(2)The person is liable to a penalty of an amount decided by the Upper Tribunal.

(3)In deciding the amount of the penalty, the Upper Tribunal must have regard to the amount of tax which has not been, or is not likely to be, paid by the person.

(4)If a person becomes liable to a penalty under this section, Revenue Scotland must notify the person.

(5)Any penalty under this section is in addition to the penalty or penalties under section 209.

215BEnforcement of tax-related penalty

(1)A penalty under section 215A must be paid before the end of the period of 30 days beginning with the date on which the notification of the penalty is issued.

(2)A penalty under section 215A is to be treated for enforcement purposes as an assessment to tax.

Penalties for failures to notify Revenue Scotland: air departure taxS

215CPenalties for failures to notify Revenue Scotland

(1)This section applies to a person who fails to comply with any of the following provisions of the ADT(S) Act 2017—

(a)section 22(2) (requirement to deregister on ceasing to be a taxable person under that Act),

(b)section 28(2)(b) (requirement to notify Revenue Scotland of details of tax representative appointment),

(c)section 34(2) (requirement to notify Revenue Scotland if appointment of tax representative is to cease to have effect),

(d)section 40(2) (requirement to notify Revenue Scotland of inaccuracies in information provided to Revenue Scotland).

(2)The person is liable to a penalty of £300.

215DFailure to comply with time limit

A failure by a person to do anything required to be done within a limited period of time does not give rise to liability to a penalty under section 215C if the person did it within such further time (if any) that a designated officer may have allowed.

Penalties under section 215C: generalS

215EReasonable excuse for failure to comply

(1)Liability to a penalty under section 215C does not arise if the person satisfies Revenue Scotland or (on appeal) the tribunal that there is a reasonable excuse for the failure to comply.

(2)For the purposes of this section—

(a)an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person's control,

(b)if the person relies on another person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure to comply, and

(c)if the person had a reasonable excuse for the failure to comply but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased.

215FAssessment of penalties under section 215C

(1)If a person becomes liable to a penalty under section 215C, Revenue Scotland must—

(a)assess the penalty, and

(b)notify the person.

(2)An assessment of a penalty under section 215C must be made no later than 12 months after the date on which the person became liable to the penalty.

215GEnforcement of penalties under sections 215C

(1)A penalty under section 215C must be paid—

(a)before the end of the period of 30 days beginning with the date on which the notification under section 215F was issued,

(b)if a notice of review against the penalty is given, before the end of the period of 30 days beginning with the date on which the review is concluded,

(c)if, following review, mediation is entered into, before the end of the period of 30 days beginning with the date on which either Revenue Scotland or the person who gave the notice of review gave notice of withdrawal from mediation, or

(d)if a notice of an appeal against the penalty is given, before the end of the period of 30 days beginning with the date on which the appeal is determined or withdrawn.

(2)A penalty under section 215C is to be treated for enforcement purposes as an assessment to tax..

22Before section 216, insert— “ Power to change penalty provisions in Chapter 5 ”.S

23In section 216 (power to change penalty provisions in Chapter 5), at the end of subsection (1) insert “ (other than penalties under section 215A) ”.S

24In section 223 (certification of matters by Revenue Scotland), in subsection (1), after paragraph (c) insert—S

(d)that an aircraft is or is not, in relation to a specified flight, a chargeable aircraft for the purposes of the ADT(S) Act 2017,

(e)that a passenger on an aircraft is or is not, in relation to a specified flight, a chargeable passenger for the purposes of the ADT(S) Act 2017,.

25(1)Section 233 (appealable decisions) is amended as follows.S

(2)In subsection (1), after paragraph (i) insert—

(j)subject to subsection (3A), a decision which affects—

(i)whether a person is required to provide security for the payment of air departure tax,

(ii)the amount of security a person is required to provide for the payment of air departure tax,

(iii)any other matter relating to the provision of security for the payment of air departure tax..

(3)After subsection (3), insert—

(3A)Subsection (1)(j)—

(a)does not entitle a person to appeal a decision of Revenue Scotland to issue a direction under section 36 of the ADT(S) Act 2017 (relating to the security required to validate the appointment of an administrative tax representative), or the contents of such a direction, but

(b)does entitle a person to appeal any decision of Revenue Scotland about how a direction is applied in a particular case..

26In section 252 (general interpretation), before the definition of “the LBTT(S) Act 2013” insert—S

the ADT(S) Act 2017” means the Air Departure Tax (Scotland) Act 2017,.

27(1)Schedule 5 (index of defined expressions) is amended as follows.S

(2)Before the item relating to the LBTTS(S) Act 2013, insert—

ADT(S) Act 2017section 252.

(3)In the entry relating to the expression “business premises”, in the second column, for “section 141(4)” substitute “ section 141(3A) ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources