- 10 Marks
Question
The Commissioner-General assessed Judah in the 2020 year of assessment, and he is dissatisfied with the assessment. Judah intends to seek redress with the Commissioner-General. He has contacted you for professional advice on objection processes.
Required:
Explain the objection processes as contained in the Revenue Administration Act, 2016 (Act 915) as amended.
Answer
- A person dissatisfied with a tax decision can object to it in writing to the Commissioner-General within 30 days of being notified.
- The objection must state precisely the grounds for the objection.
- The taxpayer may apply for an extension of time to file an objection if there are reasonable grounds, and the Commissioner-General may grant it.
- In case of importation, all import duties must be paid, or for other taxes, 30% of the tax due must be paid.
- The Commissioner-General may waive or vary the 30% payment requirement.
- The Commissioner-General must serve a decision on the objection within 60 days.
- If no decision is served, the taxpayer can treat it as disallowing the objection.
- If unsatisfied, the taxpayer can appeal to the Independent Tax Appeals Board within 30 days of the decision.
- Further dissatisfaction allows the taxpayer to appeal to the court.
- Judah should follow the objection process and, if necessary, appeal to the Independent Tax Appeals Board.
- Tags: Appeals, Commissioner-General, Revenue Administration Act, Tax Objections
- Level: Level 2
- Topic: Tax Administration
- Series: MAY 2021
- Uploader: Theophilus