Tax evasion is the use of illegal means resulting in the reduction of the amount of the tax due, non payment there of, or a refund of a tax that a person does not have the right to have refunded under any tax law.
When shall Tax Evasion Penalties be imposed?
Tax evasion penalties shall be imposed under the following circumstances:
a. Taxable person who deliberately fails to settle any payable tax or administrative penalties.
b. Taxable person who deliberately understates the actual value of his business or fails to consolidate his related businesses with the intent of remaining below the required registration threshold.
c. a person who charges and collects amounts from his clients claiming them to be tax without being registered.
d. a person who deliberately provides false information and data and incorrect documents to the authority.
e. a person who deliberately conceals or destroys documents or other material that he is required to keep and provide to the authority.
f. a person who deliberately steals, mis-uses or causes the destruction of documents or other materials that are in the possession of the authority.
g. a person who prevents or hinders the authority’s employees from performing their duties.
h. a person who deliberately decreases the payable tax through tax evasion or conspiring to evade tax.
The competent court shall impose tax evasion penalties against any person who is proven to have been directly involved or instrumental in tax evasion. Any person who is proven to have been directly involved or instrumental in tax evasion shall be jointly and severally liable with the person whom he has assisted, to pay the payable tax and administrative penalties pursuant to the Federal Law (No) 7 of 2017 on Tax Procedures or any other tax law.
What shall Tax Evasion Penalties consist of?
Tax Evasion penalties shall consist of a prison sentence and monetary penalty not exceeding five times the amount of evaded tax or either of the two.