Committee
Finance Committee 11 June 2014
11 Jun 2014 · S4 · Finance Committee
Item of business
Revenue Scotland and Tax Powers Bill: Stage 2
The amendments in this group make further important provisions about the rules and procedures regarding information notices. Among other things, they will require that a designated officer must always seek and obtain the approval of the tribunal before an information notice under section 119 or 122 can be given. In keeping with the move to a single designated officer classification, the amendments remove all references to a designated investigation officer. The references to “a transaction” and “buyer” in section 121(2) of the bill may inadvertently create an assumption that the provision only applies to land and buildings transaction tax. Amendment 142 therefore makes it clearer that the section applies to a wider range of circumstances and, therefore, to both devolved taxes. The current wording in section 121(3)(a) does not cater for partnerships that are not registered, such as common-law partnerships. Amendment 143 corrects that by allowing a third-party notice to state a name by which the partnership is known. Other amendments in the group make further important provisions about inspections of business premises and the investigatory powers available to a designated officer. The amendments make it clear that a designated officer can carry out an inspection of business premises without advance notice only if there are reasonable grounds for believing that giving notice would seriously prejudice the assessment or collection of tax. When advance notice is given, it must be given in writing. The amendments also give additional powers to an officer carrying out such an inspection, so that revenue Scotland can effectively discharge its investigatory functions in relation to Scottish landfill tax. Among other things, an officer will be able to bring other persons to the inspection. Such persons will be able to take and use any equipment or materials required for the purposes of the inspection, such as heavy machinery. Finally, section 142(3)(b) of the bill currently places a reasonableness condition on the ability of a person to request a copy of a document that they produce to a revenue Scotland designated officer and which is subsequently removed by that officer. I do not think that such a condition is either necessary or fair. A person should always be entitled to request a copy of a document removed in such circumstances, and amendment 159 makes that clear. I move amendment 132. Amendment 132 agreed to. Section 117, as amended, agreed to. Section 118—Copying third party notice to taxpayer Amendment 133 moved—John Swinney—and agreed to. Section 118, as amended, agreed to. Section 119—Power to obtain information and documents about persons whose identity is not known Amendments 134 to 140 moved—John Swinney—and agreed to. Section 119, as amended, agreed to. Section 120—Third party notices and notices under section 119: groups of undertakings Amendment 141 moved—John Swinney—and agreed to. Section 120, as amended, agreed to. Section 121—Third party notices and notices under section 119: partnerships Amendments 142 to 144 moved—John Swinney—and agreed to. Section 121, as amended, agreed to. Section 122—Power to obtain information about persons whose identity can be ascertained Amendments 145 and 146 moved—John Swinney—and agreed to. Section 122, as amended, agreed to. Section 123—Notices Amendment 147 moved—John Swinney—and agreed to. Section 123, as amended, agreed to. Sections 124 to 126 agreed to. Section 127—Information notices: general restrictions Amendment 148 moved—John Swinney—and agreed to. Section 127, as amended, agreed to. Sections 128 to 134 agreed to. Section 135—Carrying out inspections under section 133 or 134 Amendments 149 to 153 moved—John Swinney—and agreed to. Section 135, as amended, agreed to. After section 135 Amendment 154 moved—John Swinney—and agreed to. Sections 136 and 137 agreed to. Section 138—Approval of tribunal for premises inspections Amendments 155 to 157 moved—John Swinney—and agreed to. Section 138, as amended, agreed to. Section 139 agreed to. Section 140—Power to take samples Amendment 158 moved—John Swinney—and agreed to. Section 140, as amended, agreed to. Section 141 agreed to. Section 142—Power to copy and remove documents Amendment 159 moved—John Swinney—and agreed to. Section 142, as amended, agreed to. Section 143 agreed to. Section 144—Review or appeal against information notices Amendments 160 and 161 moved—John Swinney—and agreed to. Section 144, as amended, agreed to. After section 144
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SNP
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John Swinney
SNP
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SNP
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The Convener
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SNP
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The Convener
SNP
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SNP
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The Convener
SNP
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John Mason (Glasgow Shettleston) (SNP)
SNP
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The Convener
SNP
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SNP
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SNP
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SNP
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The Convener
SNP
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The Convener
SNP
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SNP
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The Convener
SNP
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John Swinney
SNP
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John Swinney
SNP
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SNP
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The Convener
SNP
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The Convener
SNP
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John Swinney
SNP
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