Section 29

Default assessment 

(1) Where a taxpayer has failed to submit a tax return for a reporting period in accordance with the provisions of a tax law, the Commissioner may, based on such information as may be available and to the best of his or her judgement, make an assessment (referred to as a “default assessment”) of–

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•  (a) the amount of the deficit in the case of a deficit carried forward under the Income Tax Act for the period; 
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• (b) the amount of the excess in the case of an excess of input tax carried forward under the Value Added Tax Act, 2013, for the period; or 
• (c) the tax (including a nil amount) payable by the taxpayer for the period in any other case. 

(2) The Commissioner shall notify in writing a taxpayer assessed under subsection (1) of the assessment and the Commissioner shall specify––

• (a) the amount assessed as tax or the amount of a deficit or excess of input tax carried forward, as the case may be; 
• (b) the amount assessed as late submission penalty and any late payment penalty payable in respect of the tax, deficit or excess input tax assessed; 
• (c) the amount of any late payment interest payable in respect of the tax assessed; 
• (d) the reporting period to which the assessment relates; 
• (e) the due date for payment of the tax, penalty, and interest being a date that is not less than 30 days from the date of service of the notice; and 
• (f) the manner of objecting to the assessment.

(3) A written notification by the Commissioner of an assessment under this section shall not alter the due date (referred to as the “original due date”) for payment of the tax payable under the assessment as determined under the tax law imposing the tax, and any late payment penalty or late payment interest shall remain payable based on the original due date.

(4) This section shall not apply for the purposes of a tax that is not collected by assessment.

(5) Subject to subsection (6), an assessment under subsection (1) shall not be made after five years immediately following the last date of the reporting period to which the assessment relates.

(6) Subsection (5) shall not apply in the case of gross or willful neglect, evasion or fraud by a taxpayer.

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