Singapore legislation

Section 62B

of Goods and Services Tax Act 1993

Section 62B

Penalty for wilfully misrepresenting status of person

Amended by33/201933/201933/2019

(1)

A person who receives a Seventh Schedule supply (X) commits an offence if —

(a)

X belongs in Singapore under section 15 and is not a registered person;

(b)

X provides (whether or not to the person making the supply) any information for the purpose of the supply; and

(c)

X wilfully provides the information with intent to induce the person making the supply into making a determination that —

(i)

X does not belong in Singapore for purposes of the supply; or

(ii)

X is a registered person.

Amended by33/2019

(2)

For the purpose of subsection (1), where —

(a)

X purchases the supply using a device; and

(b)

a mobile country code, an IP address or other information identifies the physical location of the device at the time X makes the purchase,then X, in using the device, is treated as providing information as to that physical location.

Amended by33/2019

(3)

A person who is guilty of an offence under subsection (1) shall on conviction —

(a)

be punished with a fine equal to 3 times the amount of the tax undercharged on the supply in consequence of the person making the supply having been induced as mentioned in subsection (1)(c), or which would have been undercharged if the person making the supply had been so induced; and

(b)

also be liable to —

(i)

a further fine not exceeding $10,000; or

(ii)

imprisonment for a term not exceeding 7 years,or to both.

Amended by33/2019