Commentary on Provisions Part 1 – Scottish Aggregates Tax Special cases Section 35: Transfer of business as a going concern
103.This section of the Act gives a regulation-making power to the Scottish Ministers to make provision applying Part 1 of the Act to cases where a business is transferred to another person as a going concern (that is, it is assumed that the business is still able to meet its financial obligations when they become due). The regulations may include provision requiring notification to Revenue Scotland, and provision treating the transferee as the original taxpayer for the purposes of Scottish aggregates tax. These regulations will be subject to the negative procedure.