105M.—(1) Any person who, without reasonable excuse, fails or neglects to comply with —
(a)
section 105L(1); or
(b)
any regulation made under section 105P that requires the person to apply to the Comptroller for registration or report any information to the Comptroller,
shall be guilty of an offence.
[Act 27 of 2021 wef 16/11/2021]
(1A) Any person who is convicted of an offence under subsection (1) shall be liable —
(a)
to a fine not exceeding $5,000 and in default of payment to imprisonment not exceeding 6 months; and
(b)
in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.
[Act 27 of 2021 wef 16/11/2021]
(1B) Any person who, without reasonable excuse, fails or neglects to comply with any requirement imposed by regulations made under section 105P, other than a requirement mentioned in subsection (1)(b), shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $1,000 and in default of payment to imprisonment not exceeding 6 months; and
(b)
in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.
[Act 27 of 2021 wef 16/11/2021]
(2) The Comptroller may compound any offence under subsection (1).
[19/2013]
(3) Any person who, in purported compliance with section 105L(1), produces to the Comptroller any document which contains any information, or provides to the Comptroller any information, known to the person to be false or misleading in a material particular —
(a)
without indicating to the Comptroller that the information is false or misleading and the part that is false or misleading; and
(b)
without providing correct information to the Comptroller if the person is in possession of, or can reasonably acquire, the correct information,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
[19/2013]
(3A) Where —
(a)
a person (X), in order to comply with a regulation mentioned in section 105P(2)(c), requests another person (Y) to provide any information contemplated by an agreement mentioned in section 105P(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 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
[Act 15 of 2016 wef 20/07/2016]
(3B) Where —
(a)
X, in order to comply with a regulation mentioned in section 105P(2)(c), requests Y to provide any information contemplated by an agreement mentioned in section 105P(1) to 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 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
[Act 15 of 2016 wef 20/07/2016]
(4) In subsection (3), references to the Comptroller include any other person authorised by the Comptroller.