Cap. 406 Art. 39Administrative penalty for default in applying for registration or giving a notice.

(1) Any person who, being required to apply for registration under article 10, does not make such an application 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 for the first tax period following the registration; and

(b) twenty euro (€20), for every month or part thereof that elapses from the date on which the application should have been made and the earlier of the date on which the application registration is furnished to the Commissioner and the date when that person is registered by the Commissioner:

Provided that where the excess, if any, of the output tax over the deductions for the first tax period following registration is two thousand euro (€2,000) or less, such administrative penalty shall not exceed two hundred and fifty euro (€250), and where the excess of the output tax over the deductions for the first tax period following registration is more than two thousand euro (€2,000) such administrative penalty shall not exceed twenty per cent of such excess.

(2) Any person who, being required to apply for registration under article 12, does not make such an application within the time laid down in the relevant provisions of this Act shall be liable to an administrative penalty of the higher of -

(a) one per cent of the tax chargeable on the intra-community acquisitions or the services received or both such intra-community acquisitions and services received, in respect of which he is required to make such application; and

(b) twenty euro (€20), for every month or part thereof that elapses from the date on which the application should have been made and the earlier of the date on which the application is furnished to the Commissioner and the date when that person is registered by the Commissioner: Provided that where the tax chargeable on the intra-community acquisitions or the services received or both such intra-community acquisitions and services received, in respect of which that person is required to make such application is two thousand euro (€2,000) or less, such administrative penalty shall not exceed two hundred and fifty euro (€250), and where the tax chargeable on the intra-community acquisitions or the services received or both such intra-community acquisitions and services received, in respect of which that person is required to make such application is more than two thousand euro (€2,000) such administrative penalty shall not exceed twenty per cent of such tax chargeable.

(3) Any person who, being required to give notice or provide information under articles 13 or 15, does not give that notice or information within the time stipulated in the relevant provisions of this Act shall be liable to an administrative penalty of twenty euro (€20) for every month or part thereof that elapses from the date on which the notice or information should have been given in accordance with those articles and the date when such notice or information is given to the Commissioner: Provided that such administrative penalty shall in no case exceed two hundred and fifty euro (€250) for each such notice or information.