Revenue Scotland and Tax Powers Act 2014 section 186

Penalty for failure to notify under-assessment

Section 186 sets out the penalty that applies when a person fails to notify Revenue Scotland that an assessment issued to them understates their tax liability.

  • If Revenue Scotland issues an assessment that understates a person's devolved tax liability, the person must notify Revenue Scotland within 30 days of the assessment date
  • Revenue Scotland will consider whether the person knew or should have known about the under-assessment, and what steps would have been reasonable to take
  • The penalty for failing to take reasonable steps to notify the under-assessment is 30% of the potential lost revenue
  • The rules apply equally to Revenue Scotland determinations as well as assessments

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