PART 11Reviews and appeals

CHAPTER 1Introductory

Appealable decisions

I1I2233Appealable decisions

1

The following decisions of Revenue Scotland are appealable decisions—

a

a decision under section 66 to make adjustments to counteract a tax advantage,

b

a decision in relation to the registration of any person in relation to any taxable activity,

c

a decision which affects whether a person is chargeable to tax,

d

a decision which affects the amount of tax to which a person is chargeable,

e

a decision which affects the amount of tax a person is required to pay,

f

a decision which affects the date by which any amount by way of tax, penalty or interest must be paid,

g

a decision in relation to a penalty under the following provisions—

i

section 76,

ii

section 112,

iii

section 151,

iv

Part 8,

v

section 231,

vi

paragraph 5 of schedule 3,

h

subject to subsection (2), a decision in relation to the giving of an information notice or in relation to the use of any of the other investigatory powers in Part 7,

i

subject to subsection (3), a decision in relation to the giving of a notice under section 228.

2

See section 152 for decisions in relation to the giving of information notices that are not appealable or are appealable only on certain grounds and in certain circumstances.

3

See section 229 for the grounds on which decisions in relation to the giving of notices under section 228 are appealable.

4

The following decisions of Revenue Scotland are not appealable decisions—

a

the giving of a notice under section 68,

b

the making of a Revenue Scotland determination,

c

a decision to give a notice of enquiry under section 85 or paragraph 13 of schedule 3.

5

The decisions mentioned in subsection (1) are appealable whether they are decisions under this Act or any other enactment.

6

The Scottish Ministers may by order modify subsection (1) or (4) to—

a

add a decision to either subsection,

b

vary the description of a decision,

c

remove a decision from either subsection.