Remission of Interest and Penalties Rules, 2015

L.N. 180 of 2015

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Remission of Interest and Penalties Rules, 2015

IN exercise of the powers conferred by articles 22 and 22A of

the Duty on Documents and Transfers Act, the Minister for Finance

has made the following rules

The title of these rules is the Remission of Interest and Citation.

Penalties Rules, 2015.

The Commissioner may, at his discretion, remit wholly or Remission.

in part any interest and penalty chargeable on any person under the

provisions of the Duty on Documents and Transfers Act, hereinafter Cap. 364

referred to as "the Act"

Provided that the Commissioner may only remit such

interest and penalty if he is satisfied that the duty due was not paid

within the prescribed period due to a reasonable cause, sohowever

that reliance placed on any other person to perform any task shall not

constitute a reasonable excuse.

(1) The Commissioner may impose any condition that he Conditions.

may consider appropriate for any remission under rule 2, including

the requirement that the person concerned shall not make a default or

omission within such period as the Commissioner may establish or

that the said person shall make a payment of duty in such amount and

within such time as the Commissioner may determine.

(2) Should any condition imposed by the Commissioner in

accordance with the provisions of sub-rule (1) be infringed by the

person concerned, any remission of interest and penalties granted by

the Commissioner shall be forfeited.

(3) The Commissioner shall communicate in writing to the

person concerned any condition imposed under sub-rule (1) the

consequences of an infringement of any such condition in accordance

with sub-rule (2) and, when such is the case, the fact that forfeiture

has been incurred.

(4) The use of the Commissioner’s discretion under this rule

shall not be questioned in any appeal.

Interest and penalties chargeable under the provisions of Stay of interest

the Act on the amount of duty payable under a payment plan not and penalties.

exceeding two years shall cease to be incurred from the date a person

enters into such payment plan

Provided that if the remission is not effected due to non-

compliance with the provisions of rule 2, the interest and penalties

shall be charged as if they had never ceased.

Where a person has benefitted from a remission of interest

and penalties under these rules, the Commissioner may deduct the

equivalent amount of such remitted interest and penalties from any

interest and penalties on any refund of duty which may become due to

that person within six (6) years from the date of remission of interest

and penalties under these rules.

Nothing in these rules shall entitle any person to claim any

refund of any amount whatsoever in respect of interest and penalties

already paid to the Commissioner under the provisions of the Act.

€0.18