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Provisional
returns.
Repealed by Finance Act, 2014 effective 01January 2015
(1)
Subject to this section, and without prejudice to his other powers
under this Part, the Commissioner may, by notice in writing, require a person to
furnish him for any year of income with a provisional return of income; but an
employee shall not be required to furnish a return –
(a) if to the best of his knowledge and belief he will have no income
chargeable to tax for that year of income other than from
emoluments; and
(b) if he has reasonable grounds to believe that the whole of the tax
payable by him in respect of those emoluments will be recovered
by deduction under section 37.
(2) A provisional return of income for any year of income –
(a) shall be furnished -
(i) in a case to which section 27(1) applies, not later than
three months from the date to which the person making
the return has made up his accounts in that year of
income; and
(ii) in any other case, not later than the 31st March following
that year of income.
(b) shall contain an estimate -
(i) of the income of the person making the return, including
income deemed to be his under this Act, charged to tax,
based on all the information available to him at the date
on which the return is made and which he believes to be
true; and
(ii) of the tax chargeable on that income, calculated by
reference to the appropriate allowances and rates of tax in
force at the date of the return and where the person
making the return has instalment tax for that year of
income, the provisional tax payable will be reduced by
the amount of that instalment tax; and
(c) shall include a declaration by the person making the return or by
the person in whose name he is assessable that the provisional
return contains a full and true estimate to the best of his
knowledge and belief.
(3) A person who might be required to furnish a provisional return of
income and who has not received a notice under subsection (1) within the period
specified in subsection (2)(a) shall, within fourteen days of the expiration of that
period, notify the Commissioner in writing that he has not received a notice.
(4) Notwithstanding any other provisions of this Act, with effect
from the year of income commencing o the 1st January, 1993, any person
required to submit a self-assessment return shall not be required to submit a
provisional return or give a notice under section 53(3).
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