PART 6Tax returns, enquiries and assessments

CHAPTER 6Revenue Scotland assessments

Conditions for making Revenue Scotland assessments

I1102Conditions for making Revenue Scotland assessments

1

A Revenue Scotland assessment may be made only where the situation mentioned in section 98(1) or 99(1) was brought about carelessly or deliberately by—

a

the taxpayer,

b

a person acting on the taxpayer's behalf, or

c

a person who was a partner of the taxpayer.

2

But no Revenue Scotland assessment may be made if—

a

the situation mentioned in section 98(1) or 99(1) is attributable to a mistake in the return as to the basis on which the tax liability ought to have been calculated, and

b

the return was in fact made on the basis prevailing, or in accordance with the practice generally prevailing, at the time it was made.