134. Advance assessments

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Subject to subsection (2), the Assistant

Commissioner may, based on such evidence as may be available and to the best of his judgement, make an assessment (referred to as an “advance assessment”) of the tax payable by a taxpayer for a tax period.

(2)

Subsection (1) shall apply only when:

(a)

the taxpayer has not filed a tax return for the tax period; and

(b)

the tax is collected by assessment.

(3)

An advance assessment–

(a)

may be made before the date on which the taxpayer’s tax return for the period is due; and

(b)

shall be made in accordance with the law in force at the date the advance assessment was made.

(4)

The Assistant Commissioner shall serve a taxpayer assessed under subsection (1) with notice, in writing, of the advance assessment specifying the following:–

(a)

the amount of tax assessed;

(b)

the amount assessed as penalty (if any) payable in respect of the tax assessed;

(c)

the tax period to which the assessment relates;

(d)

the due date for payment of the tax and penalty, which may be a date before the tax would otherwise be due for the tax period; and

(e)

the manner of objecting to the assessment.

(5)

The Assistant Commissioner may specify in a notice of an advance assessment that the tax and penalty due shall be payable immediately.

(6)

An advance assessment may be the subject of an amended assessment so that the taxpayer is assessed in respect of the whole of the tax period to which the advance assessment relates.

(7)

Nothing in this section shall relieve a taxpayer from the requirement to file the tax return to which the advance assessment served under this section relates.

(8)

A tax return filed by a taxpayer for a tax period after an advance assessment has been served on the taxpayer for the period is not a self-assessment return.

Read on from s 135

134. Advance assessments

Schedules