Penalty for failure to notify under-assessmentS
186Penalty for failure to notify under-assessmentS
(1)A penalty is payable by a person (“P”) where—
(a)a Revenue Scotland assessment understates P's liability to a devolved tax, and
(b)P has failed to take reasonable steps to notify Revenue Scotland, within the period of 30 days beginning with the date of the assessment, that it is an under-assessment.
(2)In deciding what steps (if any) were reasonable, Revenue Scotland must consider—
(a)whether P knew, or should have known, about the under-assessment, and
(b)what steps it would have been reasonable to take to notify Revenue Scotland.
(3)The penalty payable under this section is 30% of the potential lost revenue.
(4)In this section—
(a)“Revenue Scotland assessment” includes “Revenue Scotland determination”, and
(b)accordingly, references to an under-assessment include an under-determination.
Commencement Information
I1S. 186 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)