PART 8Penalties

CHAPTER 3Penalties relating to inaccuracies

Penalties under Chapter 3: general

I1193Assessment of penalties under this Chapter

1

Where a person becomes liable to a penalty under this Chapter, Revenue Scotland must—

a

assess the penalty,

b

notify the person, and

c

state in the notice the period in respect of which the penalty is assessed.

2

A penalty under this Chapter must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.

3

An assessment of a penalty under this Chapter—

a

is to be treated for enforcement purposes as an assessment to tax, and

b

may be combined with an assessment to tax.

4

An assessment of a penalty under section 182 or 185 must be made before the end of the period of 12 months beginning with—

a

the end of the appeal period for the decision correcting the inaccuracy, or

b

if there is no assessment to the tax concerned within paragraph (a), the date on which the inaccuracy is corrected.

5

An assessment of a penalty under section 186 must be made before the end of the period of 12 months beginning with—

a

the end of the appeal period for the assessment of tax which corrected the understatement, or

b

if there is no assessment within paragraph (a), the date on which the understatement is corrected.

6

In subsections (4) and (5) “appeal period” means the period during which—

a

an appeal could be brought, or

b

an appeal that has been brought has not been determined or withdrawn.

7

Subject to subsections (4) and (5), a supplementary assessment may be made in respect of a penalty if an earlier assessment operated by reference to an underestimate of potential lost revenue.