Real Property Gains Tax Act 1976 (Act 169)
PART III - ASSESSMENT AND COLLECTION



Section 14. Assessments.


(1) Where a person makes a return under section 13 (1), the Director General may-

    (a) accept the return and make an assessment accordingly;

[Am Act 323:s:32]

    (b) make an assessment after making such adjustments as he considers necessary; or
[Am Act 323:s:32]
    (c) reduce an assessment made for the year of assessment for which the return was made, in giving effect to paragraph 7(4)(a).

[Ins Act 323:s:32]

(2) Where a person does not make a return under subsection 13 (1), the Director General, if he is of the opinion that that person is chargeable with the tax, may make an assessment accordingly:

Provided that the making of an assessment in respect of a person under this subsection shall not affect any liability otherwise incurred by that person by reason of his failure to make the return.

(3) The Director General, where it appears to him desirable, either because a chargeable person is about to leave Malaysia or for any other reason, that an assessment should be made forthwith, may at any time make whatever assessment he considers appropriate; and any assessment so made shall, when the year of assessment to which it relates and the time allowed under subsection 13 (1) for making a return of disposals have expired, be adopted with such revision (if any) as the Director General thinks necessary as the assessment for that year.

(4) The death of a chargeable person shall not prevent the making of an assessment in respect of disposals by him before his death, and where any such assessment is made-

    (a) the notice of assessment under section 17 may be served on the executor of the deceased person; and

    (b) the assessment shall have the same effect as regards imposing a liability on the estate of the deceased person as it would have had if it had been made during his life time:
Provided that no such assessment shall be made more than three years after the end of the year of assessment in which the death took place.


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