Revenue Scotland and Tax Powers Act 2014 section 76

Penalty for failure to keep and preserve records

Section 76 sets out the penalty that applies when a person fails to keep and preserve records as required in relation to a devolved tax, and the circumstances in which that penalty may be avoided.

• A person who fails to keep and preserve records as required under the Act is liable to a penalty of up to £3,000.
• The penalty relates to the record-keeping obligations for devolved taxes (such as Land and Buildings Transaction Tax and Scottish Landfill Tax).
• No penalty will be charged if Revenue Scotland is satisfied that the relevant facts can be proved by other documentary evidence.
• The alternative documentary evidence must be sufficient to prove any facts that Revenue Scotland reasonably requires and that the missing records would have established.