REDUCTION OF ADDITIONAL TAX (DEFAULT IN FURNISHING RETURN) RULES

REDUCTION OF ADDITIONAL TAX

(DEFAULT IN FURNISHING RETURN)

SUBSIDIARY LEGISLATION 123.69 *

REDUCTION OF ADDITIONAL TAX

(DEFAULT IN FURNISHING RETURN) RULES

1st January, 2003

LEGAL NOTICE 127 of 2003.

(1) The title of these Rules is the Deduction of Additional

Tax (Default in Furnishing Return) Rules.

(2) These rules shall apply in respect of the year of assessment

commencing on the 1st January, 2003 and subsequent years of

assessment.

In these rules

"Act" means the Income Tax Act;

" a d d i t i o n a l t a x " m e a n s t h e a d d i t i o n a l t a x c h a rg e a b l e i n

accordance with the provisions of article 56(12)(c) of the Act and

the provisions of the Schedule in respect of a default in furnishing a

return;

''Schedule'' means the Schedule to the Act.

The Commissioner may remit such part or all of the

additional tax otherwise due in accordance with the provisions of

the Schedule, as he may deem fit, provided that

(a) the Commissioner may impose as a condition for any

such remission the requirement that the person

concerned shall not make another default in furnishing

his return within such period as the Commissioner may

establish, as well as such other conditions as he may

deem fit;

(b) should any condition imposed by the Commissioner in

accordance with the provisions of paragraph (a) be

infringed by the person concerned, any reduction of

additional tax granted by the Commissioner in addition

to the reductions contemplated by the other provisions

of these rules shall be forfeited;

(c) if forfeiture is so due, under the provisions of

paragraph (b), any additional reduction made under the

provisions of this rule shall be deemed to have been a

suspension of liability to the said additional tax, and

not the cancellation of the relevant additional tax;

(d) the Commissioner shall communicate in writing to the

person concerned any condition imposed under

paragraph (b), the consequences of infringement of

*These rules have been revoked by Legal Notice 98 of 2009; however they are to

continue to apply as if they have not been repealed with respect to additional tax

chargeable under article 56(12)(c) for any year of assessment preceding the year of

assessment 2009 - see rule 3 of Legal Notice 98 of 2009.

REDUCTION OF ADDITIONAL TAX

(DEFAULT IN FURNISHING RETURN)

any such condition and, if such is the case, the fact that

forfeiture has been incurred.

The use of the Commissioner’s discretion for the purposes

Appeals.

of these rules shall not be questioned in any appeal.