I-1 - Retail Sales Tax Act

Section 26 Disposition versions

1984-01-01

26. (Repealed).

R. S. 1964, c. 71, s. 22; 1971, c. 26, s. 14; 1983, c. 49, s. 9.

1977-12-31

26. (1)  Every person who wilfully evades or seeks to evade payment, collection or remittance of the taxes contemplated by this act, is liable to a penalty, to be fixed by the Minister, of not less than twenty-five per cent nor more than fifty per cent of the amount of the tax which such person evaded or the payment, collection or remittance of which he sought to evade.

(2)  If a person, knowingly or under circumstances amounting to gross negligence, makes any declaration or omission in a return, certificate, statement or answer made or filed under this act, or participates or acquiesces therein, and if as a result of such declaration or omission the tax which should be paid or remitted by such person, if it was assessed on the basis of the information provided, is less than the tax that he must pay or remit, such person is liable to a penalty of twenty-five per cent of the difference between the two amounts.

(3)  No person shall incur, with respect to the same declaration or omission, both the penalty provided for in subsection 1 and that provided for in subsection 2, or to both a penalty provided for in this section and the payment of the fine provided for in section 23 or 25, unless, in the latter case, the penalty is imposed before the proceedings giving rise to the fine are instituted.

R. S. 1964, c. 71, s. 22; 1971, c. 26, s. 14.