86M. Offences

(1)

Any person who, without reasonable excuse, fails or neglects to comply with section 86L(1), or any regulation made under section 86Q the contravention of which is an offence, is guilty of an offence and liable on conviction —

(a)

to a fine not exceeding $1,000 and, in default of payment, to imprisonment for a term not exceeding 6 months; and

Income Tax 134

(b)

in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.

(2)

The

Collector may compound any offence under subsection (1).

(3)

Any person who, in purported compliance with section 86L(1), produces to the Collector any document which contains any information, or provides to the Collector any information, known to the person to be false or misleading in a material particular —

(a)

without indicating to the Collector that the information is false or misleading and the part that is false or misleading; and

(b)

without providing correct information to the Collector if the person is in possession of, or can reasonably acquire, the correct information, is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.

(4)

Where —

(a)

a person (X), in order to comply with a regulation mentioned in section 86Q(2)(c), requests another person (Y) to provide any information contemplated by an agreement mentioned in section 86Q(1) to establish Y’s residence for a tax purpose contemplated by that agreement; and

(b)

Y, in purported compliance with that request, provides any such information to X which Y knows is false or misleading in any material particular,

Y is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.

(5)

Where —

(a)

X, in order to comply with a regulation mentioned in section 86Q(2)(c), requests Y to provide any information contemplated by an agreement mentioned in section 86Q(1) to

Income Tax establish another person’s (Z) residence for a tax purpose contemplated by that agreement; and

(b)

Z provides any such information, whether directly or indirectly, to X or Y which Z knows is false or misleading in any material particular,

Z is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.

(6)

In subsection (3), references to the Collector include any other person authorised by the Collector.

Report

Read on from s 86N

86M. Offences

Terms defined in s 2

Schedules