Draft Regulations laid before the Scottish Parliament under section 254(3)(p) of the Revenue Scotland and Tax Powers Act 2014 for approval by resolution of the Scottish Parliament.
2015 No.
The Revenue Scotland and Tax Powers Act (Postponement of Tax Pending a Review or Appeal) Regulations 2015
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 245(2) of the Revenue Scotland and Tax Powers Act 20141 and all other powers enabling them to do so.
In accordance with section 254(3)(p) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Revenue Scotland and Tax Powers Act (Postponement of Tax Pending a Review or Appeal) Regulations 2015 and come into force on 1st April 2015.
Interpretation2
In these Regulations, “the Act” means the Revenue Scotland and Tax Powers Act 2014.
Postponement of payment of tax pending a review or appeal3
1
Notwithstanding the terms of section 245(1) of the Act (reviews and appeals not to postpone recovery of tax), where there is a review or appeal under Part 11 of the Act, the appellant2 may make an application to Revenue Scotland for postponement of payment of amounts of tax, penalty and interest due under the Land and Buildings Transaction Tax (Scotland) Act 20133.
2
Where, on receipt of an application under paragraph (1), Revenue Scotland is satisfied that—
a
there are exceptional circumstances; and
b
these exceptional circumstances are such as to justify postponement,
Revenue Scotland may grant the application in whole or in part and may impose in relation to the granting of the application any further conditions it considers appropriate.
(This note is not part of the Regulations)