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CHAPTER 75:01 - Inland Revenue Division

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Income Tax Act Mac 1<br />

Vol. 1<br />

(b) any claim, deduction, relief, exemption or other matter having or<br />

that might have had a direct or indirect effect upon the amount of<br />

tax for the former years of assessment or for any subsequent year<br />

of income,<br />

an assessment or additional assessment, as the case may be, may, for any<br />

such former year of assessment or year of income, be made at any time on<br />

that person under subsection (1) or, section 83 or, subject to subsection (3),<br />

on the personal representative of that person under subsection (1) or<br />

section 66 and section 83.<br />

* Effective 1 st January 1999<br />

(3) In the case of an assessment or an additional assessment made upon the<br />

personal representative of a deceased person in respect of any income of<br />

that deceased person that would but for his death have been assessed and<br />

charged to tax on him, the time allowed pursuant to subsection (1),<br />

sections 66 and 83 for the making of the assessment or additional<br />

assessment, as the case may be, shall not extend beyond the expiration of a<br />

period of three years after the former year of assessment or the year of<br />

income in which the deceased person died.<br />

(4) Subsections (1) and (3) have effect for the former years of assessment<br />

1961 and 1962 and subsequent years of income but do not render invalid<br />

any assessment, objection or appeal made or pending under this Act before<br />

20th April 1965 (that is, the date of commencement of the Income Tax<br />

[Amendment] Act 1963).<br />

REPAYMENT OF TAX<br />

90. (1) If it be proved to the satisfaction of the Board that any person for any<br />

year of income has paid tax in excess of the amount with which he is properly<br />

chargeable, such person shall be entitled to have the amount so paid in excess<br />

refunded. Every claim for repayment under this section shall be made within<br />

six years from the end of the year of income to which the claim relates. The<br />

Board shall give a certificate of the amount to be repaid and upon the receipt<br />

of the certificate the Comptroller of Accounts shall cause repayment to be<br />

made in conformity therewith<br />

Circumstances under which repayment may be made<br />

BIR Mac Edition 91/<strong>01</strong> Page 108

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