Revenue Scotland LBTT: Guidance on Complying with Information Notices under RSTPA 2017

Complying with an Information Notice

This page provides guidance on adhering to an information notice under the Revenue Scotland and Tax Powers Act (RSTPA). It outlines the principles and concepts necessary for compliance.

  • Understanding the legal framework of RSTPA 2014 and RSTPA 2017.
  • Details on the investigatory powers of Revenue Scotland.
  • Step-by-step instructions for responding to an information notice.
  • Clarification of taxpayer obligations and rights.
  • Potential consequences of non-compliance.

Understanding Information Notices and Compliance in Scotland

In Scotland, the Revenue Scotland and Tax Powers Act (RSTPA) 2014 provides the legal framework for tax administration, including the use of information notices. These notices are essential for ensuring compliance with tax obligations. This article will explore what information notices are, why they are issued, and how to comply with them effectively.

What is an Information Notice?

An information notice is a formal request issued by Revenue Scotland to obtain information or documents necessary for tax assessment or investigation. These notices are part of the investigatory powers granted under the RSTPA 2014, allowing Revenue Scotland to ensure that taxpayers are fulfilling their tax responsibilities.

Types of Information Notices

  • Taxpayer Notice: Issued directly to the taxpayer, requiring them to provide specific information or documents.
  • Third-Party Notice: Directed at a third party who holds information relevant to a taxpayer’s tax affairs.
  • Identity Unknown Notice: Used when Revenue Scotland needs information to identify a taxpayer.

Each type of notice serves a distinct purpose and is used in different circumstances to gather necessary information.

Why are Information Notices Issued?

Information notices are issued to ensure that Revenue Scotland has all the necessary data to accurately assess and collect taxes. They are a tool for maintaining transparency and accountability in the tax system. Here are some common reasons for their issuance:

  • Verification: To verify the accuracy of tax returns and claims.
  • Investigation: To investigate potential tax evasion or avoidance.
  • Assessment: To gather information needed for tax assessments.

By issuing these notices, Revenue Scotland can ensure that taxpayers comply with their obligations and that the tax system functions fairly and efficiently.

How to Comply with an Information Notice

Complying with an information notice is crucial to avoid penalties and ensure a smooth tax process. Here are the steps to follow:

1. Understand the Notice

Read the notice carefully to understand what information or documents are being requested. Pay attention to the deadline for submission and any specific instructions provided.

2. Gather the Required Information

Collect all the necessary documents and information requested in the notice. This may include financial records, contracts, or other relevant documents.

3. Respond Promptly

Ensure that you respond to the notice by the specified deadline. Late responses can result in penalties or further action by Revenue Scotland.

4. Seek Professional Advice

If you are unsure about how to respond or what information is required, consider seeking advice from a tax professional. They can provide guidance and ensure that you comply with the notice correctly.

5. Keep Records

Maintain a record of all communications and documents submitted in response to the notice. This can be useful in case of any disputes or further inquiries.

Consequences of Non-Compliance

Failing to comply with an information notice can lead to significant consequences. These may include:

  • Penalties: Financial penalties may be imposed for non-compliance or late submission of information.
  • Legal Action: Revenue Scotland may take legal action to enforce compliance.
  • Increased Scrutiny: Non-compliance can result in increased scrutiny of your tax affairs.

To avoid these consequences, it is important to take information notices seriously and respond promptly and accurately.

Resources and Support

Revenue Scotland provides guidance and resources to help taxpayers understand and comply with information notices. You can find more information on their official website.

Additionally, tax professionals and advisors can offer support and advice tailored to your specific situation, ensuring that you meet your obligations under the RSTPA 2014.

Conclusion

Information notices are a key component of the tax compliance framework in Scotland. They help Revenue Scotland gather necessary information to assess and collect taxes effectively. By understanding what these notices entail and how to comply with them, taxpayers can avoid penalties and ensure a smooth tax process. Remember to seek professional advice if needed and make use of the resources available to you for guidance and support.

Useful article? You may find it helpful to read the original guidance here: Revenue Scotland LBTT: Guidance on Complying with Information Notices under RSTPA 2017

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Written by Land Tax Expert Nick Garner.
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