INCOME TAX ACT 1967 (ACT 53) PART VI - ASSESSMENTS AND APPEALS Chapter I - Assessments
Section 92. Advance assessments.
(1) Subject to this section-
(a) where in a year of assessment a person ceases to possess a source consisting of a business the Director General may in that year make an assessment in respect of that person and income from that source for that year of assessment and the following year of assessment;
(b) where in a year of assessment a person commences to receive income in respect of income from an employment or in respect of any pension, annuity, or other periodical payments falling under paragraph 4(e), the Director General may in that year make an assessment in respect of that person and income from that source for that year of assessment and each of the subsequent years of assessment;
(c) where in a year of assessment the Director General is satisfied that a person who possesses a source is about to leave Malaysia and-
(i) that person is likely to cease to possess that source in that year of assessment or the following year of assessment; or
(ii) it is desirable for other reasons that an assessment be made in respect of that person,
he may in that year make an assessment in respect of that person and income from that source or from any source for that year of assessment and the following year of assessment;
(d) where a person who has ceased to possess a source in a year of assessment receives income from that source after the end of that year (being income which has not been or does not fall to be included in the gross income of that person from that source for any preceding basis period) the Director General may in the year of assessment in which that income is received make an assessment in respect of that person and that income for that year of assessment;
(e) where in a year of assessment a person is chargeable to tax in consequence of the application of subsection 54(2) to a business, the Director General may at any time in that year make an assessment in respect of that person and any income from that business for that year of assessment; and
(f) where the basis period for a year of assessment in respect of a source or sources of a person is a period of twelve months ending on a day other than 31 December in a basis year the Director General, if he thinks fit, may in that year make an assessment in respect of that person and income from that source or those sources, as the case may be, for that year of assessment.
[Am. Act A1055:s.6, Am. Act A1093:s.11]
(2) Where an assessment is made under subsection (1) in respect of a person, it shall be made on the assumption that-
(a) all the provisions of this Act in force for the year of assessment in which the assessment is made will continue in force for the year of assessment for which the assessment is made; and
(b) if that person is an individual, the personal circumstances of that person will be the same in the basis year for the year of assessment for which the assessment is made as they were in the basis year for the year of assessment in which the assessment is made,
and, if in the year of assessment for which the assessment is made it appears to the Director General that by reason of that assumption the assessment is more favourable or less favourable to that person than it would have been if it had been made under section 90, he may take such action under section 91 or make such repayments of tax as the justice of the case appears to him to require.
(3) Where-
(a) this section confers powers to make an assessment in respect of a person;
(b) an assessment has been made in respect of that person in a particular year of assessment; and
(c) the Director General is of the opinion that an additional assessment ought to be made under subsection 91 (1) in respect of that person in that particular year,
subsection 91 (1) shall apply as if the year of assessment referred to therein were that particular year.
(4) For the avoidance of doubt it is hereby declared that-
(a) the fact that an assessment has been made by virtue of subsection (1) in respect of a person and a source of his shall not prevent the Director General from making an assessment under this Act in respect of that person and any other source of his; and
(b) the fact that an assessment which would otherwise have been made by virtue of subsection (1) in respect of a person for a year of assessment has not been made because of an insufficiency of total income to produce chargeable income for that year shall not prevent the Director General from making an assessment under any other provision of this Act in respect of that person for that year of assessment or from taking an amount equal to that total income into account when doing so.