INCOME TAX ACT 1967 (ACT 53) PART VII - COLLECTION AND RECOVERY OF TAX
Section 103. Payment of tax.
(1) Subject to this section, tax payable under an assessment or a composite assessment shall on the service of the notice of assessment or composite assessment on the person assessed, other than a company to which section 103A applies, be due and payable at the place specified in that notice whether or not that person appeals against the assessment.
[Am. Act A1069: s.8]
(2) Subject to this section, where tax payable under an assessment is increased on appeal, the additional tax payable by virtue of the increased assessment shall on the service of the notice of increased assessment on the person assessed, other than a company to which section 103A applies, be due and payable at the place specified in that notice, whether or not that person makes any appeal against the increased assessment.
[Am. Act A1069:s.8]
(3) Where any tax is payable in accordance with subsection (1) or (2) the Director General may allow the tax to be paid by instalments in such amounts and on such dates as he may determine.
(4) Subject to subsection (3), where any tax due and payable on the service of a notice in accordance with subsection (1) or (2) has not been paid within thirty days after the service of that notice (or within such longer period as may be allowed by the Director General), so much of the tax as is unpaid upon the expiration of those days or the period, as the case may be, shall without any further notice being served be increased by a sum equal to ten per cent of the tax so unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.
(5) In any case to which subsection (3) applies, in the event of default in payment of any one instalment on its due date for payment the balance of the tax then outstanding shall be due and payable on that date and shall without any further notice being served be increased by a sum equal to ten per cent of that balance, and that sum shall be recoverable as if it were tax due and payable under this Act:
Provided that, where the instalment to which the default relates is subsequently paid, the Director General may treat it as having been paid on its due date.
(5A) Where the tax due and payable has been increased under subsection (4) or (5) any balance remaining unpaid upon expiration of sixty days from the date of such increase shall without any further notice being served be further increased by a sum equal to five per cent of the balance unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.
[Subs. Act 264: s.10]
(6) Notwithstanding the foregoing subsections, where tax due and payable is increased by a sum under subsection (4), (5) or (5A), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.
(7) Repealed - [Am.
Act A1069: s.8 ]
(8) Where subsection 45(2) has applied for a year of assessment, the portion of the tax charged for that year upon the husband or the wife in whose name the assessment was made which is attributable to the total income for that year of the wife who elects or the husband who elects, as the case may be, may, if necessary, be collected from the wife who elects or the husband who elects; and this Part shall apply (with any necessary modifications) as if, on the day on which a notice of assessment or a notice of increased assessment for that year is served on the husband or the wife that notice of assessment or notice of increased assessment had been served on the wife who elects or the husband who elects, as the case may be:
Provided that nothing in this subsection shall be construed as conferring on the wife who elects or the husband who elects, as the case may be, any right of appeal under section 99.
[Subs. Act 608: s.16]
(9) For the purposes of subsection (8) , the part of the tax charged for a year of assessment upon the husband or the wife which is attributable to the total income for that year of the wife who elects or the husband who elects, as the case may be, shall be determined in accordance with the formula-
A
B
x C
where-
(a) in the case of the wife who elects-
A is that wife's total income for a year of assessment;
B is the aggregate of the husband's and that wife's or wives' total income; and
C is the tax charged for the year of assessment where paragraph 45(2) (a) applies; or
(b) in the case of the husband who elects-
A is that husband's total income for a year of assessment;
B is the aggregate of the wife's and that husband's total income; and
C is the tax charged for the year of assessment where paragraph 45(2)(b) applies;
[Subs. Act 608: s.16]
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[Shall have effect for the year of assessement 2004 and subsequent years of assessment.]
(1) Except as provided in subsection (2), tax payable under an assessment for a year of assessment shall be due and payable on the due date whether or not that person appeals against the assessment.
(2) Where an assessment is made under section 90(3), 91, 92 or 96A, or where an assessment is increased under section 101(2), the tax payable under the assessment or increased assessment shall, on the service of the notice of assessment or composite assessment or increased assessment, as the case may be, be due and payable on the person assessed at the place specified in that notice whether or not that person appeals against the assessment or increased assessment.
(3) Where any tax due and payable under subsection (1) has not been paid by the due date, so much of the tax as is unpaid upon the expiration of that date shall without any further notice being served be increased by a sum equal to ten per cent of the tax so unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.
(4) Where the tax due and payable has been increased under subsection (3), any balance remaining unpaid upon the expiration of sixty days from the due date shall without any further notice being served be further increased by a sum equal to five per cent of the balance unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.
(5) Subject to subsection (7), where any tax due and payable under subsection (2) has not been paid within thirty days after the service of the notice,so much of the tax as is unpaid upon the expiration of that period shall without any further notice being served be increased by a sum equal to ten per cent of the tax so unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.
(6) Where the tax due and payable has been increased under subsection (5), any balance remaining unpaid upon the expiration of sixty days from the date of such increase shall without any further notice being served be further increased by a sum equal to five per cent of the balance unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.
(7) Where any tax is payable in accordance with subsection (2), the Director General may allow the tax to be paid by instalments in such amounts and on such dates as he may determine and in the event of default in payment of any one instalment on the date specified for payment the balance of the tax then outstanding shall be due and payable on that date and shall without any further notice being served be increased by a sum equal to ten per cent of that balance, and that sum shall be recoverable as if it were tax due and payable under this Act.
(8) Where the tax due and payable has been increased under subsection (7), any balance remaining unpaid upon the expiration of sixty days from the date of such increase shall without any further notice being served be further increased by a sum equal to five per cent of the balance unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.
(9) Notwithstanding the foregoing subsections,where tax due and payable is increased by a sum under subsection (3), (4), (5), (6), (7) or (8), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and,where the amount remitted has been paid,the Director General shall repay that amount.
(10)Where section 45(2)applies for a year of assessment,the portion of the tax charged for that year upon the husband or the wife in whose name the assessment was made which is attributable to the total income for that year of the wife who elects or the husband who elects,as the case may be,may,if necessary,be collected from the wife who elects or the husband who elects;and this Part shall apply (with any necessary modifications) as if,on the day on which a notice of assessment or a notice of increased assessment for that year is served on the husband or the wife that notice of assessment or notice of increased assessment had been served on the wife who elects or the husband who elects,as the case may be:
Provided that nothing in this subsection shall be construed as conferring on the wife who elects or the husband who
elects,as the case may be, any right of appeal under section 99.
(11) For the purposes of subsection (10), the part of the tax charged for a year of assessment upon the husband or the wife which is attributable to the total income for that year of the wife who elects or the husband who elects,as the case may be,shall be determined in accordance with the formula —
A
B
x C
where —
(a) in the case of the wife who elects —
A is that wife 's total income for a year of assessment;
B is the aggregate of the husband 's and that wife 's or wives 'total income;and
C is the tax charged for the year of assessment where section 45(2)(a)applies;or
(b)in the case of the husband who elects —
A is that husband 's total income for a year of assessment;
B is the aggregate of the wife 's and that husband 's total income;and
C is the tax charged for the year of assessment where section 45(2)(b) applies.
(12)For the purposes of this section,"due date " means —
(a) in the case of a company,trust body or co-operative society the last day of the sixth month from the date following the close of the accounting period; and
(b) in any other case, 30 April in the year following the year of assessment.