REMISSION OF INTEREST AND PENALTIES RULES

REMISSION OF INTEREST AND PENALTIES

SUBSIDIARY LEGISLATION 364.13

REMISSION OF INTEREST AND PENALTIES

RULES

5th June, 2015

LEGAL NOTICE 180 of 2015.

The title of these rules is the Remission of Interest and

Penalties Rules.

The Commissioner may, at his discretion, remit wholly or

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

p r o v i s i o n s o f t h e D u t y o n D o c u m e n t s a n d Tr a n s f e r s A c t ,

hereinafter 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

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

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

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

REMISSION OF INTEREST AND PENALTIES

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.