Cap. 406 Art. 38Administrative penalty for default in the furnishing of a tax return or other declarations and statements.

(1) Any person registered under article 10 who, being required to furnish a tax return for a tax period, does not furnish that return within the time laid down in the relevant provisions of this Act shall be liable to an administrative penalty in an amount equivalent to the higher of -

(a) one per cent of the excess, if any, of the output tax over the deductions, disregarding any excess credit brought forward from a previous tax period, as declared in the return; and

(b) twenty euro (€20), for every month or part thereof that elapses from the date by which the tax return should have been furnished in accordance with this Act and the date when it is furnished to the Commissioner:

Provided that where the tax payable is less than two hundred and fifty euro (€250), such administrative penalty shall not exceed the equivalent of the tax payable to the nearest euro or fifty euro (€50), whichever is the greater, and it shall not exceed two hundred and fifty euro (€250) in all other cases.

(2) Any person who:

(a) being required to furnish a declaration in terms of article 30(1) or article 30A, does not furnish such declaration within the time stipulated in the relevant provisions of this Act shall be liable to an administrative penalty of ten euro (€10) for every month or part thereof that elapses from the date by which the declaration should have been furnished in accordance with this Act and the date when it is actually furnished to the Commissioner:

Provided that such administrative penalty shall in no case exceed one hundred and twenty euro (€120) for each such declaration; and

(b) being required to furnish a recapitulative statement in terms of sub-article (3) of article 30, does not furnish that statement within the time laid down in the relevant provisions of this Act shall be liable to an administrative penalty of fifty euro (€50) for every month or part thereof that elapses from the date by which the statement should have been furnished in accordance with this Act and the date when it is furnished to the Commissioner:

Provided that such administrative penalty shall in no case exceed six hundred euro (€600) for each such statement; and

(c) being required to furnish any information in terms of article 55A, does not furnish that information within the time laid down in the relevant provisions of this Act shall be liable to an administrative penalty of fifty euro (€50) for every month or part thereof that elapses from the date by which the information should have been furnished in accordance with this Act and the date when it is furnished to the Commissioner: Provided that such administrative penalty shall in no case exceed six hundred euro (€600) for every time such information is not provided.