Revenue Scotland and Tax Powers Act 2014 section 78

Assessment of penalties under section 76

Section 78 sets out Revenue Scotland's obligations when assessing a penalty for failure to keep and preserve records, and the time limit within which such an assessment must be made.

• Revenue Scotland must formally assess the penalty when a person becomes liable for failing to keep and preserve records
• Revenue Scotland must notify the person of the penalty assessment
• The assessment must be made within 12 months of the date the person became liable to the penalty
• Both the assessment and notification are mandatory duties placed on Revenue Scotland, not discretionary actions