PART 8Penalties

CHAPTER 5Other administrative penalties

Penalties for failure to register for tax etc.

I1209Penalty for failure to register for tax etc.

1

A penalty is payable by a person (“P”) where—

a

P fails to comply with a requirement imposed by or under section 22 or 23 of the LT(S) Act 2014 (“a relevant requirement”), and

b

the failure was—

i

deliberate on P's part (“a deliberate failure”), or

ii

careless on P's part (“a careless failure”).

2

A failure is careless if it is due to a failure by P to take reasonable care.

3

A failure by P to comply with a relevant requirement, which was neither deliberate nor careless on P's part at an earlier time, is to be treated as careless if P—

a

discovered the failure at some later time, and

b

did not take reasonable steps to inform Revenue Scotland.

4

Section 210 sets out the penalty under this section.

I2210Amount of penalty for failure to register for tax etc.

1

This section sets out the penalty payable under section 209.

2

For a deliberate failure, the penalty is 100% of the potential lost revenue.

3

For a careless failure, the penalty is 30% of the potential lost revenue.

4

In the case of a relevant requirement relating to Scottish landfill tax, the potential lost revenue is the amount of the tax (if any) for which P is liable for the period—

a

beginning on the date with effect from which P is required in accordance with that requirement to be registered, and

b

ending on the date on which Revenue Scotland received notification of, or otherwise became fully aware of, P's liability to be registered.

5

In calculating potential lost revenue in respect of a failure to comply with a relevant requirement on the part of P no account is to be taken of the fact that a potential loss of revenue from P is or may be balanced by a potential over-payment by another person.