1989 Ed.]
Inland Revenue
[CAP. 112
163
(i) has been undercharged in consequence of such incorrect return, statement or information, or would have been so undercharged if the return, statement or information had been accepted as correct; or (ii) has been undercharged in consequence of the failure to comply with a notice under section 51(1) failure to comply with section 51(2), or which would have been undercharged if such failure had not been detected. (Amended 43 of 1975 s. 8)
(2) Additional tax shall be payable in addition to any amount of tax payable under an assessment, or an additional assessment under section 60.
(3) An assessment of additional tax may be made only by the Commissioner personally or the deputy commissioner personally.
(4) Before making an assessment of additional tax the Commissioner or the deputy commissioner, as the case may be, shall--
(a) cause notice to be given to the person he proposes so to assess which shall
49.
43/895.28
(i) inform such person of the alleged incorrect return, incorrect statement or incorrect information or alleged failure to comply with the requirements of the notice given to him 43/895. under section 51(1) for the alleged failure to comply with section 51(2) in respect of which the Commissioner or deputy commissioner intends to assess additional tax under subsection (1); (Replaced 43 of 1975 s. 8)
(ii) include a statement that such person has the right to submit written representations to him with regard to the proposed assessment on him of additional tax;
(iii) specify the date, which shall not be earlier than 21 days from the date of service of the notice, by which representations which such person may wish to make under subparagraph (ii) must be received;
(b) consider and take into account any representations which he may receive under paragraph (a) from or on behalf of a person proposed to be assessed for additional tax.
(4A) Notwithstanding subsection (4), if the Commissioner or deputy commissioner is of the opinion that the person he proposes to assess to additional tax under subsection (1) is about to leave Hong Kong, he need not serve a notice under subsection (4)(a), but may assess that person to additional tax under subsection (1). (Added 43 of 1975 s. 8. Amended 7 of 1986 s. 12)
(5) Notice of intention to assess additional tax and notice of an assessment to additional tax shall be given in the same manner as is provided in section 58(2) in respect of a notice of assessment under section 62.
(6) Where a person who is liable to be assessed to additional tax has died, an assessment to additional tax may be made on his executor, and the
1989 Ed.]
Inland Revenue
[CAP. 112
163
(i) has been undercharged in consequence of such incorrect return, statement or information, or would have been so undercharged if the return, statement or information had been accepted as correct; or (ii) has been undercharged in consequence of the failure to comply with a notice under section 51(1) failure to comply with
section 51(2), or which would have been undercharged if such failure had not been detected. (Amended 43 of 1975 s. 8)
(2) Additional tax shall be payable in addition to any amount of tax payable under an assessment, or an additional assessment under section 60.
(3) An assessment of additional tax may be made only by the Commissioner personally or the deputy commissioner personally.
(4) Before making an assessment of additional tax the Commissioner or the deputy commissioner, as the case may be, shall--
(a) cause notice to be given to the person he proposes so to assess
which shall
49.
43/895.28
(i) inform such person of the alleged incorrect return, incorrect statement or incorrect information or alleged failure to comply with the requirements of the notice given to him 43/895. under section 51(1) for the alleged failure to comply with section 51(2) in respect of which the Commissioner or deputy commissioner intends to assess additional tax under subsection (1); (Replaced 43 of 1975 s. 8)
(ii) include a statement that such person has the right to submit written representations to him with regard to the proposed assessment on him of additional tax;
(iii) specify the date, which shall not be earlier than 21 days from the date of service of the notice, by which representations which such person may wish to make under subparagraph (ii) must be received;
(b) consider and take into account any representations which he may receive under paragraph (a) from or on behalf of a person proposed to be assessed for additional tax.
(4A) Notwithstanding subsection (4), if the Commissioner or deputy commissioner is of the opinion that the person he proposes to assess to additional tax under subsection (1) is about to leave Hong Kong, he need not serve a notice under subsection (4)(a), but may assess that person to additional tax under subsection (1). (Added 43 of 1975 s. 8. Amended 7 of 1986 s. 12)
(5) Notice of intention to assess additional tax and notice of an assessment to additional tax shall be given in the same manner as is provided in section 58(2) in respect of a notice of assessment under section 62.
(6) Where a person who is liable to be assessed to additional tax has died, an assessment to additional tax may be made on his executor, and the
No comments yet.
Private notes are available after approval.