Value Added Tax Act (Cap. 406)

Value Added Tax Act (Cap. 406), article 28

Official PDF on legislation.mt

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.

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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.