Commentary on Provisions
Part 1 – Scottish Aggregates Tax
Chapter 3 – Calculation of tax
Credits
Section 15: Tax credits
55.This section gives a regulation-making power, subject to the negative procedure, for the Scottish Ministers to create tax credits in relation to the payment of Scottish aggregates tax. Such tax credits would be offset against a taxpayer’s liability to pay the tax: this section creates several categories of tax credit for the purposes of Scottish aggregates tax.
56.As per subsection (3), the regulations creating tax credits may include cases where any quantity of taxable aggregate is moved outwith Scotland to a place in the rest of the UK, or to UK waters. As per subsection (4), they may also include cases where any quantity of taxable aggregate is exported outwith the UK from a place in Scotland.
57.As per subsection (5), the regulations may include cases where any quantity of taxable aggregate has an excepted process applied to it – a term defined in section 4 of the Act. As per subsection (6) they may also include cases where any quantity of taxable aggregate is used in an industrial or agricultural process set out in the regulations. As per subsection (7) they may include provision cases where any quantity of taxable aggregate is disposed of (by dumping or otherwise) for purposes unrelated to construction.
58.In addition, as per subsection (8), the regulations may include cases where the whole or part of a debt which is due to the person liable to pay the tax is written off in the person’s accounts as a bad debt, as defined in the regulations.
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