Section 24. Refund of overpayments. (Real Property Gains Tax Act 1976

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

Section 24. Refund of overpayments.

(1) Subject to this section, where it is proved to the satisfaction of the Director General that any person has paid tax for any year of assessment in excess of the amount payable under this Act, that person shall be entitled to have the excess refunded by the Government.

(2) Where in a case of the kind mentioned in subsection (1) the excess has been paid (or is deemed under subsection 21B (3) to have been paid) by the acquirer of a chargeable asset in pursuance of an assessment made on him under subsection 16 (1), the excess-

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(a) shall not be refunded to the acquirer unless he satisfies the Director General that he has not under subsection 16 (3) recovered it from the disposer;

(b) shall be refunded to the disposer if he satisfies the Director General that the acquirer has under subsection 16 (3) recovered it from him;

(3) No claim for repayment under this section shall be valid unless it is made within six years after the end of the year of assessment to which the claim relates.

(4) Nothing in this section shall operate-

(a) to extend any time limit for appeal, validate any appeal which is otherwise invalid or authorise the revision of any assessment or other matter which has become final and conclusive;

(b) to compel the Government to refund the excess amount of tax paid in respect of an assessment unless the assessment has been finally determined.

(5) The representative of a disabled or deceased person shall be entitled to a refund under subsection (1) for the benefit of that person or his estate of any excess payment within the meaning of that subsection.

(6) The Director General shall-

(a) certify the amount of any sum repayable under this section ; and

(b) cause repayment to be made forthwith,

and the sum required for making the repayment shall be charged to the Consolidated Fund.

(7) For the purposes of this section -

(a) references to payment of the tax includes references to payment of the amount payable in pursuance of section 21B; and

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(b) a payment of the tax by the representative of a disabled or deceased person shall be deemed to have been made by that person.

(8) In this section -

"disabled person" means a person who through incapacity, bankruptcy or liquidation, or for any other reason is unable to manage his own affairs;

"representative" means, in the case of a deceased person, his executor, and, in the case of a disabled person, the trustee, guardian, committee or other person who manages his affairs.