PART 8Penalties

CHAPTER 2Penalties for failure to make returns or pay tax

Penalties under Chapter 2: general

I1175Reduction in penalty under sections 159 to 167 for disclosure

1

Revenue Scotland may reduce a penalty under sections 159 to 167 where P discloses information which has been withheld by a failure to make a return (“relevant information”).

2

P discloses relevant information by—

a

telling Revenue Scotland about it,

b

giving Revenue Scotland reasonable help in quantifying any tax unpaid by reason of its having been withheld, and

c

allowing Revenue Scotland access to records for the purpose of checking how much tax is so unpaid.

3

Reductions under this section may reflect—

a

whether the disclosure was prompted or unprompted, and

b

the quality of the disclosure.

4

Disclosure of relevant information—

a

is “unprompted” if made at a time when P has no reason to believe that Revenue Scotland has discovered or is about to discover the relevant information, and

b

otherwise, is “prompted”.

5

In relation to disclosure, “quality” includes timing, nature and extent.