PART 8Penalties
CHAPTER 2Penalties for failure to make returns or pay tax
Penalties for failure to make returns
159Penalty for failure to make returns
(1)
A penalty is payable by a person (“P”) where P fails to make a tax return specified in the table below on or before the filing date (see section 82).
Tax to which return relates | Return | |
|---|---|---|
1. | Land and buildings transaction tax | (a)Return under section 29, 31, 33 or 34 of the LBTT(S) Act 2013. (b)Return under paragraph 10, 11, 20, 22 or 30 of Schedule 19 to the LBTT(S) Act 2013. |
2. | Scottish landfill tax | Return under regulations made under section 25 of the LT(S) Act 2014. |
(2)
If P's failure falls within more than one provision of this section or of sections 160 to 167, P is liable to a penalty under each of those provisions.
(3)
But where P is liable for a penalty under more than one provision of this section or of sections 160 to 167 which is determined by reference to a liability to tax, the aggregate of the amounts of those penalties must not exceed 100% of the liability to tax.
(4)
In sections 160 to 167 “penalty date”, in relation to a return, means the day after the filing date.
(5)
Sections 160 to 163 apply in the case of a return falling within item 1 of the table.
(6)
Sections 164 to 167 apply in the case of a return falling within item 2 of the table.