§ 68 — Penalty for incorrect return, etc.

68.—(1) Any person that —(a)

makes an incorrect return under section 41 or 43 by omitting, overstating or understating anything required to be included in the return for the purpose of reporting the amount of any MTT or DTT; or

(b)

gives to the Comptroller any incorrect information requested by him or her for the purpose of determining or verifying the amount of any MTT or DTT,

shall be guilty of an offence and shall on conviction pay a penalty equal to the amount of MTT or DTT that has been omitted or understated.

(2) Any person that without reasonable excuse or through negligence —(a)

makes an incorrect return under section 41 or 43 by omitting, overstating or understating anything required to be included in the return for the purpose of reporting the amount of any MTT or DTT; or

(b)

gives to the Comptroller any incorrect information requested by him or her for the purpose of determining or verifying the amount of any MTT or DTT,

shall be guilty of an offence for which, on conviction, the person shall pay a penalty equal to double the amount of MTT or DTT that has been omitted or understated, and shall also be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(3) Any person that wilfully with intent to evade or to assist any other person to evade payment of MTT or DTT —(a)

makes an incorrect return under section 41 or 43 by omitting, overstating or understating anything required to be included in the return for the purpose of reporting the amount of the MTT or DTT; or

(b)

gives to the Comptroller any incorrect information requested by him or her for the purpose of determining or verifying the amount of the MTT or DTT,

shall be guilty of an offence for which, on conviction, the person shall pay a penalty equal to treble the amount of MTT or DTT that has been omitted or understated, and shall also be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) When an individual has been convicted for —(a)

3 or more offences under subsection (3); or

(b)

one offence under subsection (3) and one offence under section 69,

the imprisonment the individual shall be liable to shall not be less than 6 months.

(5) Where in any proceedings for an offence under subsection (3), it is proved that any false statement or entry is made in a return by or on behalf of any person, that person is presumed, until the contrary is proved, to have made that false statement or entry with intent to evade payment of MTT or DTT.

—(1) Any person that —(a)

makes an incorrect return under section 41 or 43 by omitting, overstating or understating anything required to be included in the return for the purpose of reporting the amount of any MTT or DTT; or

(b)

gives to the Comptroller any incorrect information requested by him or her for the purpose of determining or verifying the amount of any MTT or DTT,

shall be guilty of an offence and shall on conviction pay a penalty equal to the amount of MTT or DTT that has been omitted or understated.

(2) Any person that without reasonable excuse or through negligence —(a)

makes an incorrect return under section 41 or 43 by omitting, overstating or understating anything required to be included in the return for the purpose of reporting the amount of any MTT or DTT; or

(b)

gives to the Comptroller any incorrect information requested by him or her for the purpose of determining or verifying the amount of any MTT or DTT,

shall be guilty of an offence for which, on conviction, the person shall pay a penalty equal to double the amount of MTT or DTT that has been omitted or understated, and shall also be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(3) Any person that wilfully with intent to evade or to assist any other person to evade payment of MTT or DTT —(a)

makes an incorrect return under section 41 or 43 by omitting, overstating or understating anything required to be included in the return for the purpose of reporting the amount of the MTT or DTT; or

(b)

gives to the Comptroller any incorrect information requested by him or her for the purpose of determining or verifying the amount of the MTT or DTT,

shall be guilty of an offence for which, on conviction, the person shall pay a penalty equal to treble the amount of MTT or DTT that has been omitted or understated, and shall also be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) When an individual has been convicted for —(a)

3 or more offences under subsection (3); or

(b)

one offence under subsection (3) and one offence under section 69,

the imprisonment the individual shall be liable to shall not be less than 6 months.

(5) Where in any proceedings for an offence under subsection (3), it is proved that any false statement or entry is made in a return by or on behalf of any person, that person is presumed, until the contrary is proved, to have made that false statement or entry with intent to evade payment of MTT or DTT.