Inland Revenue Act 2017 · As enacted · Part II
135. Amended or additional assessments
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Subject to this section, the Assistant
Commissioner may amend a tax assessment (referred to in this section as the “original assessment”) by making such alterations or additions, based on such evidence as may be available and to the best of his judgement, to the original assessment of a taxpayer for a tax period to ensure that:
in the case of a loss carried forward under this Act, the taxpayer is assessed in respect of the correct amount of the loss carried forward for the tax period;
or
in any other case, the taxpayer is liable for the correct amount of tax payable (including a nil amount) in respect of the tax period to which the original assessment relates.
Subject to subsection (3), the Assistant Commissioner may amend a tax assessment under subsection (1):-
in the case of fraud, or gross or wilful neglect by, or on behalf of, the taxpayer, at any time; or
in any other case, within thirty months of:
for a self-assessment, the date that the self-assessment taxpayer filed the self-assessment return to which the self-assessment relates; or
for any other assessment, the date on which the Assistant Commissioner served notice of the assessment on the taxpayer.
Subject to subsection (4), where the Assistant
Commissioner has served a notice of an amended assessment on a taxpayer under subsection (1), the Assistant Commissioner may further amend the original assessment to which the amended assessment relates within the later of:-
four years after:-
for a self-assessment, the date the taxpayer filed the self-assessment return to which the self-assessment relates; or
for any other assessment, the date the
Assistant Commissioner served notice of the original assessment on the taxpayer; or
one year after the Assistant Commissioner has served notice of the amended assessment on the taxpayer.
In any case to which paragraph (b) of subsection (3)
applies, the Assistant Commissioner is restricted to amending the alterations or additions made in the amended assessment to the original assessment.
Where the Assistant Commissioner has made an amended or additional assessment under this section, he shall serve the taxpayer with notice, in writing, of the amended assessment specifying the following:-
the original assessment to which the amended assessment relates;
the amount of tax assessed and the basis upon which the amended or additional assessment has been made;
the amount assessed as penalty (if any) in respect of the tax assessed;
the amount of late payment interest (if any) payable in respect of the tax assessed;
the tax period to which the assessment relates;
the due date for payment of any tax, penalty, and interest being a date that is not less than thirty days from the date of service of the notice; and
the manner of objecting to the assessment.
The service of a notice of an amended assessment under this section shall not change the original due date
(referred to as the “original due date”) for payment of the tax payable under the assessment as determined under this Act, and late payment penalty and late payment interest shall remain payable based on the original due date.