Revenue Scotland and Tax Powers Act 2014 section 166

Scottish landfill tax: 6 month penalty for failure to make return

Section 166 sets out the additional penalty that applies when a person fails to submit a Scottish landfill tax return for more than six months after the penalty date.

  • This penalty applies only where the failure to file a return continues beyond six months from the penalty date
  • The penalty is calculated as the greater of 5% of the tax liability that should have been shown on the return, or £300
  • This is an escalation penalty, designed to encourage compliance where an initial penalty has not prompted the taxpayer to act
  • The £300 minimum ensures a meaningful penalty applies even where the tax liability is low or nil

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