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Revenue Scotland and Tax Powers Act 2014, Section 188 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where P is liable to a penalty under section 182 in respect of more than one inaccuracy, and the calculation of potential lost revenue under section 187 in respect of each inaccuracy depends on the order in which they are corrected, careless inaccuracies are to be taken to be corrected before deliberate inaccuracies.
(2)In calculating potential lost revenue where P is liable to a penalty under section 182 in respect of one or more understatements in one or more documents relating to a tax period, account is to be taken of any overstatement in any document given by P which relates to the same tax period.
(3)In subsection (2)—
(a)“understatement” means an inaccuracy that meets condition A in section 182, and
(b)“overstatement” means an inaccuracy that does not meet that condition.
(4)For the purpose of subsection (2) overstatements are to be set against understatements in the following order—
(a)understatements in respect of which P is not liable to a penalty,
(b)careless understatements,
(c)deliberate understatements.
(5)In calculating for the purposes of a penalty under section 182 potential lost revenue in respect of a document given by or on behalf of P, no account is to be taken of the fact that a potential loss of revenue from P is or may be balanced by a potential over-payment by another person (except to the extent than an enactment requires or permits a person's tax liability to be adjusted by reference to P's).
Commencement Information
I1S. 188 in force at 1.4.2015 by S.S.I. 2015/110, art. 2(1)
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