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PART 6 STax returns, enquiries and assessments

CHAPTER 5SRevenue Scotland determinations

97Determination superseded by actual self-assessmentS

(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(b)before the proceedings are concluded the determination is superseded by a self-assessment,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.

Commencement Information

I1S. 97 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)