212 Aggregate penalties

212  Aggregate penalties

(1)     Subsection (2) applies where—

(a)     two or more penalties are incurred by the same person and fall to be determined by reference to an amount of tax to which that person is chargeable,

(b)     one of those penalties is incurred under section 208, and

(c)     one or more of the other penalties are incurred under a relevant penalty provision.

(2)     The aggregate of the amounts of the penalties mentioned in subsection (1)(b) and (c) [and any penalty under section 208A that is additional to the penalty mentioned in subsection (1)(b)], so far as determined by reference to that amount of tax, must not exceed—

(a)     the relevant percentage of that amount, or

(b)     in a case where at least one of the penalties is under paragraph 5(2)(b) or 6(3)(b), (4)(b)

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