Malaysia legislation

Section 15A

of State Sales Tax Enactment 1998

Section 15A

(a)

fails to furnish returns as required under section 14;

(b)

makes an incorrect return by omitting any information; or

(c)

gives any incorrect information in relation to any matter affecting his own liability to State sales tax or the liability of any other person to State sales tax, for any year within an assessment period (that year being referred to in this section as the relevant year), the Director and the taxable person may come to an agreement in writing as to the payment of a sum of money (in this section referred to as the total amount) being -

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(i)

the amount of State sales tax which has been undercharged or not charged for that relevant year in consequence of such failure in furnishing a return, making an incorrect return or giving any incorrect information; and

(ii)

this amount of any penalty which the taxable person may be required to pay for that relevant year pursuant to subsection 14(7).

(2)

Where the Director and a taxable person have come to an agreement pursuant to subsection (1), the Director may make a composite assessment on that taxable person in the total amount.

(3)

As soon as may be after a composite assessment has been made, the Director shall cause a notice of composite assessment to be served on the taxable person in respect of whom the composite assessment was made.

(4)

A notice served under subsection (3) shall state the following particulars:

(a)

the relevant year;

(b)

the amount of State sales tax undercharged or not charged in the relevant year;

(c)

the amount of any penalty imposed under subsection 14(7) and section 32;

and

(d)

the manner of payment of the total amount.

(5)

The total amount shall be collected as if it were part of the State sales tax payable by the taxable person in respect of whom the composite assessment has been made but shall not be treated as State sales tax payable for the purposes of the provisions of this Enactment other than sections 14, 15, 17 and 20.

(6)

Notwithstanding any other provision of this Enactment –

(a)

a composite assessment made under this section shall be final and conclusive for the purpose of this Enactment; and

(b)

no appeal shall lie against a composite assessment.

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(7)

For the purposes of this section, “assessment period” means the period for an assessment to be made pursuant to subsection 15(3).

Errors and defects in assessment, notice and other document