Revenue Scotland and Tax Powers Act 2014

128 Third party notices and notices under section 127: groups of undertakings

(1) This section applies where an undertaking is a parent undertaking in relation to another undertaking (a “subsidiary undertaking”).

(2) Where a third party notice is given to any person for the purpose of checking the tax position of the parent undertaking and any of its subsidiary undertakings—

(a) section 124(3) only requires the notice to state this and name the parent undertaking, and

(b) the references in section 125(6) to naming the taxpayer are to making that statement and naming the parent undertaking.

(3) In relation to such a notice—

(a) in sections 125 and 126 (approval of notices and copying third party notices), the references to the taxpayer have effect as if they were references to the parent undertaking, but

(b) in section 152(2)(b) (no review or appeal in relation to taxpayer’s statutory records), the reference to the taxpayer has effect as if it were a reference to the parent undertaking and each of its subsidiary undertakings.

(4) Where a third party notice is given to the parent undertaking for the purpose of checking the tax position of more than one subsidiary undertaking—

(a) section 124(3) only requires the notice to state this, and

(b) the references in section 125(6) to naming the taxpayer are to making that statement.

(5) In relation to such a notice—

(a) in section 125 (approval of notices), subsections (1) and (4)(d) do not apply,

(b) section 126(1) (copying third party notices to taxpayer) does not apply,

(c) section 137 (restriction on giving taxpayer notice following a tax return) applies as if the notice was a taxpayer notice or taxpayer notices given to each subsidiary undertaking (or, if the notice names the subsidiary undertakings to which it relates, to each of those undertakings), and

(d) in section 152(2)(b) (no review or appeal in relation to a taxpayer’s statutory records), the reference to the taxpayer has effect as if it were a reference to the parent undertaking or any of its subsidiary undertakings.

(6) In this section “parent undertaking”, “subsidiary undertaking” and “undertaking” have the meanings given in sections 1161 and 1162 of, and schedule 7 to, the Companies Act 2006 (c.46).