SCHEDULE 24Penalties for errors
Part 2Amount of penalty
Potential lost revenue: losses
7
(1)
Where an inaccuracy has the result that a loss is wrongly recorded for purposes of direct tax and the loss has been wholly used to reduce the amount due or payable in respect of tax, the potential lost revenue is calculated in accordance with paragraph 5.
(2)
Where an inaccuracy has the result that a loss is wrongly recorded for purposes of direct tax and the loss has not been wholly used to reduce the amount due or payable in respect of tax, the potential lost revenue is—
(a)
the potential lost revenue calculated in accordance with paragraph 5 in respect of any part of the loss that has been used to reduce the amount due or payable in respect of tax, plus
(b)
10% of any part that has not.
(3)
Sub-paragraphs (1) and (2) apply both—
(a)
to a case where no loss would have been recorded but for the inaccuracy, and
(b)
to a case where a loss of a different amount would have been recorded (but in that case sub-paragraphs (1) and (2) apply only to the difference between the amount recorded and the true amount).
(4)
Where an inaccuracy has the effect of creating or increasing an aggregate loss recorded for a group of companies—
(a)
the potential lost revenue shall be calculated in accordance with this paragraph, and
(b)
in applying paragraph 5 in accordance with sub-paragraphs (1) and (2) above, group relief may be taken into account (despite paragraph 5(4)(a)).
(5)
The potential lost revenue in respect of a loss is nil where, because of the nature of the loss or P's circumstances, there is no reasonable prospect of the loss being used to support a claim to reduce a tax liability (of any person).