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