PART 8Penalties

CHAPTER 3Penalties relating to inaccuracies

Penalty for inaccuracy attributable to another person

I1185Penalty for inaccuracy in taxpayer document attributable to another person

1

A penalty is payable by a person (“T”) where—

a

another person (“P”) gives Revenue Scotland a document of a kind mentioned in the table in section 182,

b

the document contains a relevant inaccuracy, and

c

the inaccuracy was attributable—

i

to T deliberately supplying false information to P (whether directly or indirectly), or

ii

to T deliberately withholding information from P,

with the intention of the document containing the inaccuracy.

2

A “relevant inaccuracy” is an inaccuracy which amounts to, or leads to—

a

an understatement of a liability to tax,

b

a false or inflated statement of a loss, exemption or relief, or

c

a false or inflated claim for relief or to repayment of tax.

3

A penalty is payable by T under this section in respect of an inaccuracy whether or not P is liable to a penalty under section 182 in respect of the same inaccuracy.

4

The penalty payable under this section is 100% of the potential lost revenue.