Value Added Tax Act (Cap. 406)
Value Added Tax Act (Cap. 406), article 28
28. (1) Subject to sub-article (2), a person registered under
article 10 who has made an incorrect declaration in a tax retur n
furnished to the Commissioner for a tax period may correct the
declaration by the delivery of such form as the Minister may by
regulations prescribe. The provisions of article 27(4) with res pect
to tax returns shall apply mutatis mutandis to the delivery of the
said form.
(2) An incorrect declaration in a t ax return may be corrected by
means of an adjustment in a subsequent tax return without the n eed
for the delivery of a form as required by sub-article (1) to th e extent
allowed by and in the manner provided in the Eleventh Schedule,
and when a correction has been so made the tax return shall not be
deemed, with respect to the matt ers so corrected, to have conta ined
any understatement or overstatement for the purpose of article
37(2).
(3) Notwithstanding the other provisions of this article, where
a provisional assessment made i n accordance with article 32(1) and
(2) is served to a person, any tax return furnished to the
Commissioner to which such an assessment relates may not be
corrected after being served wi th that provisional assessment, until
such time an assessment in acco rdance with article 32(3) and (4 ) is
made or until such time the pro visional assessment is cancelled by
the Commissioner:
Provided that this shall not prejudice the person’s right to
cooperate with the Commissioner in order for the assessment mad e
in accordance with art icle 32(3) to contain such variations as may
be agreed to by the said person.
(4) Notwithstanding the other provisions of this article, when a
correction is required to be made to a tax return in accordance with sub-
article (1), after an assessment has been made in accordance with article
32(3) and (4), any such correction shall be subject to the approval of the
Commissioner.
Presumption as to
declarations in tax
returns.
Amended by:
X. 2003.13.
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.