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9.—(1) Where a person is liable to a penalty, HMRC on review under regulation 14 or 16, or the tribunal on appeal under regulation 12, may reduce or increase the penalty to such amount up to the maximum of £1,000 as they consider appropriate (which may be zero).
(2) In exercising their powers under paragraph (1), neither HMRC nor the tribunal may take into account—
(a)an insufficiency of funds available to any person for paying the penalty; or
(b)the fact that the person liable to the penalty, or a person acting on that person’s behalf, has acted in good faith.
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