Aggregates Tax and Devolved Taxes Administration (Scotland) Act 2024

Prospective

16 Tax credits: further provision S

(1) Regulations under section 15(1) may make provision as to the manner in which a person is to benefit from credit, and may, in particular, make provision—

(a) that a person is to be entitled to credit by reference to accounting periods,

(b) that a person is to be entitled to deduct an amount equal to the person's total credit for an accounting period from the total amount of tax due from the person for the period,

(c) that if no tax is due from a person for an accounting period but the person is entitled to credit for the period, the amount of the credit is to be paid to the person by Revenue Scotland,

(d) that if the amount of credit to which a person is entitled for an accounting period exceeds the amount of tax due from the person for the period, an amount equal to the excess is to be paid to the person by Revenue Scotland,

(e) for the whole or part of any credit to be held over to be credited for a subsequent accounting period,

(f) as to the manner in which a person who has ceased to be registrable is to benefit from credit.

(2) Regulations made by virtue of subsection (1)(c) or (d) may provide that where at the end of an accounting period an amount is due to a person who has failed to submit returns for an earlier period as required by this Act, Revenue Scotland may withhold payment of the amount until the person has complied with that requirement.

(3) Regulations made by virtue of subsection (1)(e) may—

(a) provide for credit to be held over either on the person's application or in accordance with directions given by Revenue Scotland from time to time, and

(b) allow directions to be given generally or with regard to particular cases.

(4) Regulations under section 15(1) may provide that—

(a) no benefit is to be conferred in respect of credit except on a claim made in such manner and at such time as may be determined by or under regulations,

(b) payment in respect of credit is to be made subject to such conditions (if any) as Revenue Scotland thinks fit to impose, including conditions as to repayment in specified circumstances,

(c) deduction in respect of credit is to be made subject to such conditions (if any) as Revenue Scotland thinks fit to impose, including conditions as to the payment to Revenue Scotland, in specified circumstances, of an amount representing the whole or part of the amount deducted.

(5) Regulations under section 15(1) may require a claim by a person to be made in a return required by regulations under section 23.

(6) Regulations under section 15(1) may provide for section 107 of the Revenue Scotland and Tax Powers Act 2014 (claim for relief for overpaid tax etc.) to apply, with or without modifications, to a claim under this section by a person who has ceased to be registrable as it applies to a claim under that section.

Commencement Information

I1 S. 16 not in force at Royal Assent, see s. 64(2)