Part IV Administration, collection and enforcement
Default surcharges and other penalties and criminal offences
62 Incorrect certificates as to zero-rating etc.
F11
Subject to subsections (3) and (4) below, where—
a
a person to whom one or more supplies are, or are to be, made—
i
gives to the supplier a certificate that the supply or supplies fall, or will fall, wholly or partly within[F2any of the Groups of Schedule 7A,], Group 5 or 6 of Schedule 8 or Group 1 of Schedule 9, or
ii
gives to the supplier a certificate for the purposes of section 18B(2)(d) or 18C(1)(c),
and
b
the certificate is incorrect,
the person giving the certificate shall be liable to a penalty.
1A
Subject to subsections (3) and (4) below, where—
a
a person who makes, or is to make, an acquisition of goods from another member State prepares a certificate for the purposes of section 18B(1)(d), and
b
the certificate is incorrect,
the person preparing the certificate shall be liable to a penalty.
2
The amount of the penalty shall be equal to—
a
in a case where the penalty is imposed by virtue of subsection (1) above, the difference between—
i
the amount of the VAT which would have been chargeable on the supply or supplies if the certificate had been correct; and
ii
the amount of VAT actually chargeable;
b
in a case where it is imposed by virtue of subsection (1A) above, the amount of VAT actually chargeable on the acquisition.
2
The amount of the penalty shall be equal to the difference between the amount of the VAT which would have been chargeable on the supply or supplies if the certificate had been correct and the amount of VAT actually so chargeable.
3
4
Where by reason of giving F3or preparinga certificate a person is convicted of an offence (whether under this Act or otherwise), the giving of the certificate shall not also give rise to a penalty under this section.