Singapore legislation
Clause 46
Clause 46
Assessment of penal tax
(1)
Where the Comptroller is satisfied that any person has wilfully with intent to evade or to assist any other person to evade tax —
omitted from a return made under this Act any tax which should be included;
made any false statement or entry in any return made under this Act;
given any false answer, whether verbally or in writing, to any question or request for information asked or made in accordance with the provisions of this Act;
prepared or maintained or authorised the preparation or maintenance of any false books of account or other records or falsified or authorised the falsification of any books of account or records; or
made use of any fraud, art or contrivance whatsoever or authorised the use of any such fraud, art or contrivance,the Comptroller may to the best of his judgment assess by way of penalty for that offence a tax (referred to in this section as the penal tax) not exceeding 3 times the amount of tax which has or would have been undercharged in consequence of the offence or which would have been undercharged if the offence had not been detected and notify the person accordingly.
(2)
Where an amount has been assessed and notified to any person under subsection (1), it shall, subject to the provisions of this Act as to review and appeals, be deemed to be an amount of tax due from him and may be recovered accordingly, unless, or except to the extent that, the assessment has subsequently been withdrawn or reduced.
(3)
For the purposes of this section, notification to a personal representative, trustee in bankruptcy, receiver, liquidator or person otherwise acting as aforesaid shall be treated as notification to the person in relation to whom he so acts.
(4)
The assessment or recovery of penal tax in respect of any offence shall not be in any manner barred or affected by the fact that the person referred to in subsection (1) has been convicted under this Act of the same or any other offence, but no proceedings shall be taken in respect of any offence against a person who has paid the penal tax assessed against him for that same offence.