1. Companies that fail to comply with the requirements set out in article 243 bis are liable to a tax fine equal to 5% of the amount of income concerned, which may not exceed €750 per distribution. Companies which, in application of the provisions of the same article, wrongly mention the income they distribute as eligible for the 40% allowance are liable to a tax fine equal to 25% of the amount of the income in question. These fines are not applicable where the companies concerned provide proof that the Treasury has not suffered any loss.
2. The persons mentioned in Article 243 ter who do not comply with the requirements of this article or who wrongly identify the income they pay as eligible for the 40% allowance are liable to a tax fine equal to 5% of the amount of the income in question, not to exceed €750 for each payment.
3. The companies or organisations mentioned in 4° of 3 of article 158 or, in the absence of a legal entity, their manager or representative with regard to third parties, who break down their distributions or allocations in accordance with the provisions of the seventh paragraph of 4° of 3 of the same article, leading to them being wrongly considered as eligible for the 40% allowance mentioned in 2° of 3 of the aforementioned article, are liable to a tax fine equal to 25% of the amount of income concerned. This fine is not applicable when this erroneous breakdown of distributions or allocations is made on the basis of information declared or communicated by the distributing companies pursuant to article 243 bis or, in the case of income received from other companies or bodies mentioned in 4° of 3 of article 158, when this breakdown corresponds to that made by the latter.
4. Failure to comply with the procedures for breaking down the income distributed or allocated by the companies or bodies mentioned in 4° of 3 of article 158 pursuant to the seventh paragraph of said 4° is punishable by an annual fine of €1,500. This fine is not applicable when the fine mentioned in 3 is applied for the same income.