PART 6

Tax returns, enquiries and assessments
CHAPTER 7

Relief in case of excessive assessment or overpaid tax

Contract settlements

Contract settlements
118
1
In sections 107(1)(a) and 108(1)(a) the reference to an amount paid by a person by way of tax includes an amount paid by a person under a contract settlement in connection with tax believed to be due.
2
Subsections (3) to (7) apply if the person who paid the amount under the contract settlement (“the payer”) and the person from whom the tax was due (“the taxpayer”) are not the same person.
3
In relation to a claim under section 107 in respect of that amount—
a
the references to the claimant in section 113(5), (6) and (8) (Cases D, E and F) have effect as if they included the taxpayer,
b
the reference to the claimant in section 113(9) (Case G) has effect as if it were a reference to the taxpayer, and
c
the reference to the claimant in section 117(1)(b) has effect as if it were a reference to the taxpayer.
4
In relation to a claim under section 107 or 108 in respect of that amount, references to tax in schedule 3 (as it applies to a claim under section 107 or 108) include the amount paid under the contract settlement.
5
Subsection (6) applies where the grounds for giving effect to a claim by the payer in respect of the amount also provide grounds for a Revenue Scotland assessment on the taxpayer in respect of the tax.
6
Revenue Scotland may set any amount repayable to the payer as a result of the claim against any amount payable by the taxpayer as a result of the assessment.
7
The obligations of Revenue Scotland and the taxpayer are discharged to the extent of any set-off under subsection (6).
8
“Contract settlement” means an agreement made in connection with any person's liability to make a payment to Revenue Scotland by or under this Act or any other enactment.
S. 118 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)