Section 46

Amendment of assessment (TPA 2nd Sch Para 16)

(1) Subject to this section, the Commissioner may amend an assessment by making such alterations or additions to the assessment as he considers necessary to ensure that a registered person is liable for the correct amount of tax in respect of the tax period to which the assessment relates and shall serve notice of the amendment on the registered person. 

(2) A registered person who has made a self- assessment pursuant to section 45 may apply to the Commissioner, within the period specified in subsection (4)(b), to make an amendment to the assessment.

(3) If an application has been made under subsection (2), the Commissioner may – (a) amend the self-assessment; or (b) refuse the application, and the Commissioner shall serve the registered person with a notice of the decision on the application within thirty days of the receipt of application. 

(4) The amendment of an assessment under subsection (1) may be made – 

• (a) in the case of gross or wilful neglect, evasion or fraud by or on behalf of the registered person, at any time; or 
• (b) in any other case, within five years of– 

• (i) a self-assessment, the date that the registered person submitted the return; or 
• (ii) any other assessment, the date the Commissioner served notice of the assessment, and the Commissioner shall serve the registered person with a notice of an amended assessment within thirty days. 

(5) Subject to subsection (6), if an assessment has been amended under subsection (1), the Commissioner may further amend the original assessment within the later of– (a) five years after the Commissioner served notice of the original assessment on the registered person or, in the case of a self assessment, five years after the registered person submitted the return treated as the original assessment; or (b) one year after the Commissioner served notice of the amended assessment on the registered person. 

(6) In any case to which subsection (5)(b) applies, the Commissioner shall be limited to amending the alterations or additions made in the amended assessment to the original assessment. 

(7) In this Part, “assessment” includes a self-assessment under section 45


Next