PART 6Tax returns, enquiries and assessments

CHAPTER 5Revenue Scotland determinations

I197Determination superseded by actual self-assessment

1

If, after a Revenue Scotland determination has been made, P makes a tax return with respect to the tax in question, the self-assessment included in that return supersedes the determination.

2

Subsection (1) does not apply to a return made—

a

more than 5 years after the power to make the determination first became exercisable, or

b

more than 3 months after the date of the determination,

whichever is the later.

3

Where—

a

proceedings have been begun for the recovery of any tax charged by a Revenue Scotland determination, and

b

before the proceedings are concluded the determination is superseded by a self-assessment,

the proceedings may be continued as if they were proceedings for the recovery of so much of the tax charged by the self-assessment as is due and payable and has not yet been paid.