Income Tax Management Act (Cap. 372)

Income Tax Management Act (Cap. 372), article 13

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13. (1) The Commissioner may when and as often as he thinks necessary give notice in writing to any person who has filed a return under article 10 requiring him to furnish, within a reas onable time stated in such notice, not being less than thirty days, fu ller or further returns respecting any matter as to which a return is required by the said article. (2) The Commissioner may give notice in writing to any person who has made an election under article 12 to make a return of income and to make a self assessment under article 10 and to INCOME TAX MANAGEMENT [CAP. 372. 13 comply with the other provisions of that article within a reaso nable time stated in such notice and not being less than thirty days. (3) A person who has delivered a return of income may at any time before an assessment is m ade under article 31 make such corrections to or additions to that return as he may consider appropriate by furnishing a further return in such manner and on such form as may be prescribed. (4) When a further return made pursuant to sub-article (3) with respect to a year of assessment produces a reduction in the tax payable by or an increase in the tax repayable to that person a s resulting from a previous return , it shall not have any effect for the purposes of this Act if it is made later than five years from t he expiration of that year of assessment: Cap. 123. Provided that, this sub-article shall not apply when a further return is filed with the Commissioner for the purposes of implementing an agreement reached pursuant to a Mutual Agreemen t Procedure in terms of an arrangement in terms of article 76 of the Income Tax Act including Convention 90/436/EEC of 23 July 1990 on the elimination of double taxation in connection with the adjus tment of profits of associated enterprises. (5) A person who has made an election under article 12 with respect to a year of assessment may at any time within that yea r of assessment or within five years from the expiration thereof, bu t before an assessment is made under article 31, furnish the Commissioner with a return of income including a self-assessmen t on such form as may be prescribed. (6) When a return for a year of assessment is furnished pursuant to and in accordance with this article it shall be dee med to be a return of income made under article 10 and shall be read a nd construed as one with any other return that may have been so ma de for that same year, and any dete rmination made under article 31 shall be revised and replaced a s necessary, provided that: (a) such return shall not relieve any person of any penalty, tax, additional tax or interest to which he may have become liable in accordance with any provision of the Income Tax Acts; (b) a person who has made an election under article 12 and who submits a return in accordance with sub-article (2) or sub-article (5) shall not be deemed to have made a default by reason only of the fact that the return is submitted after the time prescribed for the purposes of article 10(1). (7) The Commissioner may give notice in writing to any person informing him that an enquiry will be conducted into that perso n's tax declarations and liabilities in r espect of such years of assess ment as shall be indicated in the said notice. 14 CAP. 372.] INCOME TAX MANAGEMENT Power to call for returns, books, etc. Amended by: II. 2003.43;| IV . 2011.57; VIII.2021.9. Cap. 123.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.