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As enacted
Contents

Part I

86. Statements and payments of tax withheld or treated as withheld

Official English translation. The Sinhala text prevails.

(1)

Every withholding agent shall pay to the

Commissioner-General within fifteen days after the end of each calendar month any tax that has been withheld in accordance with this Division during the month.

(2)

Every withholding agent shall file with the

Commissioner-General within thirty days after the end of each year ending on the thirty first day of March an annual statement setting out the following:–

(a)

payments made by the agent during the period that are subject to withholding under this Division;

(b)

the name, address and tax identification number of the withholdee;

(c)

tax withheld from each payment; and

(d)

any other information that the Commissioner-General may specify.

(3)

A withholding agent who fails to withhold tax in accordance with this Division shall however pay the tax that should have been withheld in the same manner and at the same time as tax that is withheld.

(4)

Where a withholding agent fails to withhold tax from a payment as required by this Division –

(a)

the withholdee shall be jointly and severally liable with the withholding agent for the payment of the tax to the Commissioner-General; and

(b)

the tax shall be payable by the withholdee within fifteen days after the end of the calendar month in which the payment is received.

(5)

A withholding agent who withholds tax under this

Division and pays the tax to the Commissioner-General shall be treated as having paid the amount withheld to the withholdee for the purposes of any claim by the withholdee for payment of the amount withheld.

(6)

A withholding agent who fails to withhold tax under this Division but pays the tax that should have been withheld to the Commissioner-General in accordance with subsection (3) shall be entitled to recover an equal amount from the withholdee.