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(1) A person who

(a) makes a statement that is false or misleading in a material particular to a tax officer; or

(b) omits from a statement made to a tax officer, any matter or thing without which the statement is misleading in a material particular,

commits an offence and is liable on summary conviction

(c) where, if the inaccuracy of the statement were undetected, it may have resulted in an underpayment of tax in an amount exceeding fifty currency points, to a fine of not less than twenty-five penalty units and not more than two hundred penalty units, or to a term of imprisonment of not less than three months and not more than two years or both; or

(d) in any other case, to a fine of not less than five penalty units and not more than fifty penalty units or to a term of imprisonment of not less than one month and not more than three months or to both.

(2) Section 74(3), (4), (5) and (6) apply for the purpose of determining what constitutes a statement made to a tax officer and when the statement is false or misleading.