For subsections (1) and (2) of section 62 of the Value Added Tax Act 1994 (incorrect certificates as to zero-rating etc.) there shall be substituted the following subsections—

“(1)

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 paragraph 1 of Schedule A1, 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.”