101F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
(2)Where—
(a)a person gives, in relation to any supply (or supplies) of a taxable commodity (or taxable commodities) being made to him, to the supplier a certificate that the supply (or supplies) is (or are) to any extent—
(i)for domestic or charity use,
(ii)exempt under any of paragraphs [F211,] 12, [F312A,] 13, 14, [F415, 18 F5... and 21,]F6... [F7or]
F8(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(iiia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(iv)a reduced-rate supply (or reduced-rate supplies),]
and
(b)the certificate is [F11(or becomes)] incorrect,
the person shall be liable to a penalty.
(3)The amount of the penalty to which a person is liable under [F12this paragraph] shall be equal to 105 per cent. of the difference between—
(a)the amount of levy (which may be nil) that would have been chargeable on the supply (or supplies) if the F13... certificate had been correct, and
(b)the amount of levy actually chargeable.
(4)The giving of a [F14certificate (or not revoking or varying it)] shall not give rise to a penalty under this paragraph if [F15the person concerned] satisfies the Commissioners or, on appeal, an appeal tribunal that [F16the person has a reasonable excuse].
(5)Where by reason of giving a [F17certificate (or not revoking or varying it)] —
(a)a person is convicted of an offence (whether under this Act or otherwise), or
(b)a person is assessed to a penalty under paragraph 98,
that person shall not by reason of [F18that] be liable also to a penalty under this paragraph.
Textual Amendments
F1Sch. 6 para. 101(1) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(2), Sch. 27 Pt. 1(2)
F2Word in Sch. 6 para. 101(2) inserted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(3)(a)
F3Word in Sch. 6 para. 101(2)(a)(ii) inserted (with effect in accordance with Sch. 20 para. 10(2)(3) of the amending Act) by Finance Act 2014 (c. 26), Sch. 20 paras. 7(a), 10(1)
F4Words in Sch. 6 para. 101(2)(a)(ii) substituted (24.7.2002 with application as mentioned in s. 127(2) of the amending Act) by 2002 c. 23, s. 127(1)(a)(2)
F5Word in Sch. 6 para. 101(2)(a)(ii) omitted (with effect in accordance with Sch. 30 para. 19 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 30 para. 14(a)
F6Word in Sch. 6 para. 101(2)(a) omitted (with effect in accordance with Sch. 30 para. 19 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 30 para. 14(b)
F7Word in Sch. 6 para. 101(2)(a) inserted (with effect in accordance with Sch. 20 para. 10(2)(3) of the amending Act) by Finance Act 2014 (c. 26), Sch. 20 paras. 7(b), 10(1)
F8Sch. 6 para. 101(2)(a)(iii) repealed (1.11.2007) by Finance Act 2006 (c. 25), s. 172(14)(b)(16), Sch. 26 Pt. 8(1); S.I. 2007/2901, art. 2(1) (with art. 2(2)-(4))
F9Sch. 6 para. 101(2)(a)(iiia) omitted (with effect in accordance with Sch. 20 para. 10(2)(3) of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 20 paras. 7(c), 10(1)
F10 Sch. 6 para. 101(2)(a)(iv) and word preceding it inserted (24.7.2002 with application as mentioned in s. 127(2) of the amending Act) by 2002 c. 23, s. 127(1)(b)(2)
F11Words in Sch. 6 para. 101(2) inserted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(3)(b)
F12Words in Sch. 6 para. 101(3) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(4)(a)
F13Words in Sch. 6 para. 101(3) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(4)(b), Sch. 27 Pt. 1(2)
F14Words in Sch. 6 para. 101(4) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(5)(a)
F15Words in Sch. 6 para. 101(4) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(5)(b)
F16Words in Sch. 6 para. 101(4) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(5)(c)
F17Words in Sch. 6 para. 101(5) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(6)(a)
F18Word in Sch. 6 para. 101(5) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 2 para. 12(6)(b)