Question Tag: Pre-Emptive Assessment

Search 500 + past questions and counting.
Professional Bodies Filter
Program Filters
Subject Filters
More
Tags Filter
More
Check Box – Levels
Series Filter
More
Topics Filter
More

Explain the following as used in tax administration:
i) Self-Assessment
ii) Pre-emptive Assessment
iii) Administrative Assessment
iv) Tax Audit Assessment

(10 marks)

i) Self-Assessment:

  • This is when taxpayers calculate their own tax liabilities and pay taxes based on their estimates. Taxpayers are responsible for filing tax returns and making payments in compliance with the tax laws.
    (2.5 marks)

ii) Pre-emptive Assessment:

  • This occurs when the Commissioner-General makes an early assessment of tax payable, usually when revenue is at risk. It may be issued when the taxpayer is about to leave the country, cease business activities, or commit a tax offense.
    (2.5 marks)

iii) Administrative Assessment:

  • This assessment is conducted by tax authorities when a taxpayer fails to file a return or when it is necessary to adjust a self-assessment. The Commissioner-General uses the information available to calculate and impose the tax liability.
    (2.5 marks)

iv) Tax Audit Assessment:

  • A tax audit assessment is performed by the tax authority to verify that a taxpayer’s reported financial records and tax returns are accurate. It aims to ensure compliance with tax laws and may reveal additional tax liabilities.
    (2.5 marks)

In the circumstances specified in section 28 (3) of the Revenue Administration Act, 2016 (Act 915), the Commissioner-General may make a pre-emptive assessment of tax payable or to become payable by a person under a tax law, whether or not the person is required to file tax returns.

Required:
Under what circumstances would the Commissioner-General make a pre-emptive assessment?

The Commissioner-General may make a pre-emptive assessment of tax payable or to become payable by a person under the following circumstances:

  • The person becomes bankrupt.
  • The taxpayer is wound-up.
  • The taxpayer goes into liquidation.
  • The Commissioner-General believes on reasonable grounds that the person is about to leave the country indefinitely.
  • When the taxpayer is about to cease activity or business in the country.
  • When the taxpayer has committed an offense under a tax law.
  • The Commissioner-General considers it appropriate, including where the person fails to maintain adequate documentation.