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CHAPTER 75:01 - Inland Revenue Division

CHAPTER 75:01 - Inland Revenue Division

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Income Tax Act Mac 1<br />

Vol. 1<br />

Payments on behalf of others<br />

(2) Every assignee, liquidator, administrator, executor, a trustee in<br />

bankruptcy and other like person, before distributing any property under<br />

his control, shall obtain a certificate from the Board certifying that there<br />

are not outstanding any taxes, interest or penalties that have been assessed<br />

under this Act and are chargeable against or payable out of the property.<br />

Certificate before distribution<br />

F.A. 35/98*<br />

(2A) Every assignee, liquidator, administrator, executor, trustee in<br />

bankruptcy and other like person shall submit to the Board full details of<br />

the assets and property distributed within three months of such<br />

distribution. F.A. 35 of 1998*<br />

*Effective 1 st January 1999<br />

(3) Distribution of property without a certificate required by subsection (2)<br />

shall render the person required to obtain the certificate personally liable<br />

for the unpaid taxes, interest and penalties.<br />

Liability<br />

ASSESSMENTS<br />

83. (1) The Board shall proceed to assess every person chargeable with the tax<br />

as soon as may be after the day prescribed for delivering the returns.<br />

Board to make assessments<br />

(2) Where a person has delivered a return, the Board may -<br />

(a) accept the return and make an assessment accordingly; or<br />

Acceptance of return<br />

(b) refuse to accept the return and, to the best of its judgment,<br />

determine the amount of the chargeable income of the person and<br />

assess him accordingly.<br />

Refusal of return<br />

(3) Where a person has not delivered a return and the Board is of the<br />

opinion that such person is liable to pay tax, it may, according to the best<br />

of its judgment, determine the amount of the chargeable income of such<br />

person and assess him accordingly, but such assessment shall not affect<br />

any liability otherwise incurred by such person by reason of his refusal,<br />

failure or neglect to deliver a return.<br />

Assessment in default of return<br />

(4) Subject to sections 89(2) and (3), if at any time within the year of<br />

income or within six years after the expiration of the year of income or<br />

three years from the date the tax return is filed whichever is later, the<br />

BIR Mac Edition 91/<strong>01</strong> Page 102

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