I. – 1. A fine equal to 50% of the undeclared sums shall be imposed for failure to comply with the obligations set out in article 240 and 1 of article 242 ter and article 242 ter B. The fine is not applicable, in the event of a first offence committed during the current calendar year and the three previous years, when the interested parties have remedied their omission, either spontaneously or at the first request of the administration, before the end of the year during which the declaration was required to be made.
The person required to make a declaration in application of article 240 may regularise the declarations for the three previous years without incurring the application of the fine provided for in the first paragraph of this 1 when the following conditions are met: he submits a request for regularisation for the first time and is able to justify, in particular by a certificate from the beneficiaries, that the undeclared remuneration was included in the latter’s own declarations filed within the legal time limits, provided that the service is able to verify the accuracy of the justifications produced. This request for regularisation may take place during the tax audit of the person subject to the declaration obligation. (1)
2. The tax fine provided for in 1 is capped at €750 per declaration when distributed income is wrongly declared as not eligible for the 40% allowance mentioned in 2° of 3 of Article 158. The persons subject to the obligations set out in Article 242 ter and Article 242 ter B, other than the distributing companies, are relieved of any liability for the individualisation of the distributed income paid with regard to its eligibility for the 40% allowance mentioned in 2° of 3 of Article 158, when this individualisation corresponds to that declared or communicated by the distributing companies pursuant to Article 243 bis.
Persons subject to the obligations of article 242 ter and article 242 ter B are relieved of any liability for the individualisation of income distributed or allocated by bodies or companies mentioned in 4° of 3 of article 158, with regard to their eligibility for the 40% allowance provided for in 2° of 3 of article 158, when this individualisation corresponds to the breakdown made by these bodies or companies pursuant to the sixth paragraph of said 4°. This provision does not apply to custodians of the assets of the corresponding undertakings or companies.
3. Any undertaking or entity or, in the absence of legal personality, its manager or representative with regard to third parties, which includes information on the documents provided for in the ninth paragraph of 1 of article 242 ter and in article 242 ter B which wrongly leads to income realised on the sale, redemption or repurchase of their units or shares not being considered as interest within the meaning of the eighth paragraph of 1 of article 242 ter, shall be liable to an annual tax fine of €25,000.
4. By way of derogation from 1, failure to individualise the sums provided for in article 242 ter B and failure to declare the sums in question are punishable by a tax fine of €150 per omitted or erroneous item of information, up to a limit of €500 per declaration. This fine is not applicable for offences committed on the basis of information provided to the paying institution under the conditions set out in article 242 ter B.
5. Filing the declaration referred to in I of Article 1649 AC after the deadline is punishable by a tax fine of €200 per account to be declared.
II. – (Disjoint)
III. – A fine equal to 5% of the sums not declared shall be imposed for failure to comply with the obligations set out in article 88, in respect of life annuities for valuable consideration only, and in article 241, in respect of copyright taxed in accordance with the rules applicable to non-commercial profits and inventors’ rights.
IV. – 1. Infringements of the first paragraph of article 1649 A are punishable by a fine of €1,500 for each undeclared opening or closing of an account.
Except in cases of force majeure, omissions to declare changes to an account and inaccuracies or omissions noted in the declarations mentioned in the same first paragraph result in the application of a fine of €150 per omission or inaccuracy, without the total of fines applicable to information that must be produced simultaneously exceeding €10,000.
2. Infringements of the provisions of the second paragraph of Article 1649 A and Article 1649 A bis are punishable by a fine of €1,500 per undeclared account or advance. However, for an infringement of the provisions of the second paragraph of Article 1649 A, this amount is increased to €10,000 per undeclared account where the obligation to declare concerns a State or territory that has not entered into an administrative assistance agreement with France to combat tax fraud and tax evasion allowing access to banking information.
(Paragraph not applicable).
IV bis. – Infringements of Article 1649 AB are punishable by a fine of €20,000.
V. – Infringements of Article 1649 A ter are subject to a fine of €100 per undeclared path-kilometre, which may not exceed €10,000.
VI. – The offences referred to in Article 1649 A quater are subject to a fine of €1,000 per undeclared transformer, which may not exceed €10,000.
VI bis. – Infringements of Article 1649 ter are subject to a fine of €1,500 per failure to file a declaration and, up to a limit of €10,000 per declaration, €150 per omission or inaccuracy in the declaration.
VII. – 1. In the event of a breach of its reporting obligations referred to in IX of Article 235 ter ZD, the central depository shall pay a fine of €20,000 for failure to file the declaration and, up to a limit of €20,000 per declaration, €150 per omission or inaccuracy in the declaration.
2. In the event of failure to fulfil its obligation to provide the administration with the information mentioned in X of the same Article 235 ter ZD, the central depository shall pay a fine of €20,000.
VIII. – Failure to produce, at the request of the administration, the certificate mentioned in article 242 quater by persons who ensure payment of the income mentioned in the first paragraph of 1 of I of article 117 quater and in the first paragraph of I of article 125 A results in the application of a fine of €150.
IX. – Infringements of Article 242 ter E are subject to a fine of €100 per undeclared profit or loss, which may not exceed €50,000 per declaration. The fine is not applicable, in the event of a first offence committed during the current calendar year and the three previous years, when the interested parties have remedied their omission either spontaneously or at the first request of the administration before the end of the year during which the declaration was required to be made.
X. – Infringements of Article 1649 bis C are punishable by a fine of €750 per undeclared account or €125 per omission or inaccuracy, up to a limit of €10,000 per declaration.
The amounts of €750 and €125 mentioned in the first paragraph of this X are respectively increased to €1,500 and €250 when the market value of digital asset accounts opened, held, used or closed with companies, legal entities, institutions or organisations established abroad is greater than €50,000 at any time during the year concerned by the declaration obligation set out in article 1649 bis C.
XI.-.Infringements of article 1649 ter A and I or III of article 1649 ter D are punishable by a fixed fine which may not exceed €50,000.
XII. – Breaches of the declaration obligation provided for in Article 87-0 A are subject to a fine which, without being able to be less than €500 or more than €50,000 per declaration, is equal:
<1° To 5% of the sums that should have been declared, in the case of omissions or inaccuracies;
2° To 10% of the sums that should have been declared, in the case of failure to file the declaration within the prescribed time limits.
This fine is not applicable, in the event of no breach of the obligation to declare during the three years preceding the year in which the declaration had to be made, where the person concerned has remedied his error spontaneously before the end of the same year.
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