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5(1)“The potential lost revenue” in respect of an inaccuracy in a document or a failure to notify an under-assessment is the additional amount due or payable in respect of tax as a result of correcting the inaccuracy or assessment.
(2)The reference in sub-paragraph (1) to the additional amount due or payable includes a reference to—
(a)an amount payable to HMRC having been erroneously paid by way of repayment of tax, and
(b)an amount which would have been repayable by HMRC had the inaccuracy or assessment not been corrected.
(3)In sub-paragraph (1) “tax” includes national insurance contributions.
(4)The following shall be ignored in calculating potential lost revenue under this paragraph—
(a)group relief, and
(b)section 419(4) of ICTA (close company: relief for loans);
(but this sub-paragraph does not prevent a penalty being charged in respect of an inaccurate claim for relief).
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