Revenue Scotland and Tax Powers Act 2014 (asp 16)

PART 8 S Penalties

CHAPTER 2 S Penalties for failure to make returns or pay tax

Amounts of penalties for failure to make returns: LBTT S

160 Land and buildings transaction tax: first penalty for failure to make return S

(1) This section applies in the case of a failure to make a return falling within item 1 of the table in section 159.

(2) P is liable to a penalty under this section of £100.

Commencement Information

I1 S. 160 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)

161 Land and buildings transaction tax: 3 month penalty for failure to make return S

(1) P is liable to a penalty under this section if (and only if)—

(a) P's failure continues after the end of the period of 3 months beginning with the penalty date,

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The penalty under this section is £10 for each day that the failure continues during the period of 90 days beginning with the [F3 day after the end of the period mentioned in subsection (1)(a)].

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 161(1)(b) repealed (11.3.2020) by The Revenue Scotland and Tax Powers Act 2014 Amendment Regulations 2020 (S.S.I. 2020/73), regs. 1(1), 2(a) (with reg. 1(2))

F2 S. 161(1)(c) repealed (11.3.2020) by The Revenue Scotland and Tax Powers Act 2014 Amendment Regulations 2020 (S.S.I. 2020/73), regs. 1(1), 2(a) (with reg. 1(2))

F3 Words in s. 161(2) substituted (11.3.2020) by The Revenue Scotland and Tax Powers Act 2014 Amendment Regulations 2020 (S.S.I. 2020/73), regs. 1(1), 2(b) (with reg. 1(2))

F4 S. 161(3) repealed (11.3.2020) by The Revenue Scotland and Tax Powers Act 2014 Amendment Regulations 2020 (S.S.I. 2020/73), regs. 1(1), 2(c) (with reg. 1(2))

Commencement Information

I2 S. 161 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)

162 Land and buildings transaction tax: 6 month penalty for failure to make return S

(1) P is liable to a penalty under this section if (and only if) P's failure continues after the end of the period of 6 months beginning with the penalty date.

(2) The penalty under this section is the greater of—

(a) 5% of any liability to tax which would have been shown in the return in question, and

(b) £300.

Commencement Information

I3 S. 162 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)

163 Land and buildings transaction tax: 12 month penalty for failure to make return S

(1) P is liable to a penalty under this section if (and only if) P's failure continues after the end of the period of 12 months beginning with the penalty date.

(2) Where, by failing to make the return, P deliberately withholds information which would enable or assist Revenue Scotland to assess P's liability to tax, the penalty under this section is the greater of—

(a) 100% of any liability to tax which would have been shown in the return in question, and

(b) £300.

(3) In any case not falling within subsection (2), the penalty under this section is the greater of—

(a) 5% of any liability to tax which would have been shown in the return in question, and

(b) £300.

Commencement Information

I4 S. 163 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)