Provisional assessments
(1) Without prejudice to his powers under section 73, the Commissioner shall proceed to make a provisional assessment in respect of every person as expeditiously as possible after the expiry of the time allowed to that person under this Act for the delivery of a provisional return of income.
(2) When a person has furnished a provisional return he shall thereupon be deemed to have been provisionally assessed under this section on the basis of the estimates contained in the return.
(3) Where a person has not submitted a provisional return of income for a year of income, whether or not he has been required by the Commissioner so to do, and the Commissioner considers that the person has income chargeable to tax for that year, he may, according to the best of his judgement, determine the amount of the income of that person and assess him accordingly; but the assessment shall not affect any liability otherwise incurred by that person under this Act in consequence of his failure to deliver the return.
(74A)
Instalment Assessments.
(1)
Without prejudice to his powers under
sections 73 and 74, the Commissioner may proceed to make an instalment assessment for tax under
section 12 in respect of any person after the expiry of the time allowed to that person under this Act for the payment of instalment tax.
Finance Act, 2014 effective 01 January 2015
(2)
When a person has paid instalment tax under
section 12 he shall thereupon be deemed to have been assessed for the purpose of instalment tax under this section on the basis of the amount of instalment tax paid.
(3)
Where a person has not paid instalment tax for a year of income, and the Commissioner considers that the person has or will have income chargeable to tax for that year, he may, according to the best of his judgement, estimate the income of that person and make an instalment assessment upon him accordingly.
Minimum additional tax or penalty.
Notwithstanding any other provisions of this Act, any additional tax or penalty (but excluding any interest) charged shall not be less than one thousand shillings in the case of an individual or five thousand shillings in any other case.
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