Section 24: Advance assessment

(1) This section applies to a taxpayer specified in section 18 and where the Commissioner General is satisfied that there is a risk that a taxpayer may delay, obstruct, prevent, or render ineffective payment or collection of tax that has not yet become due. (2) Subject to subsection (3), the Commissioner General may make an assessment for a tax period in relation to a taxpayer to whom section 18 applies- (a) in the case of an assessed loss under the Income Tax Act, of the amount of the assessed loss of the taxpayer for the period; (b) in the case of an excess input tax credit under the Value Added Tax Act, of the amount of the excess input tax credit of the taxpayer for the period; or (c) in any other case, of the tax payable by the taxpayer for the period. (3) Subsection (2) applies only if the taxpayer has not submitted a return as required by section 18. (4) An assessment made under subsection (2)- (a) may be made before the date on which the taxpayer's tax return for the period is due; and (b) shall be made in accordance with the tax law in force at the date the assessment was made. (5) The Commissioner General shall serve a taxpayer assessed under subsection (2) with notice, in writing, of the assessment specifying- (a) the amount of tax assessed; (b) the amount of penal tax and interest, if any, payable in respect of the tax assessed; (c) the tax period to which the assessment relates; (d) the due date for payment of the tax, penal tax and interest; and (e) the manner of objecting to the assessment. (6) An assessment made under subsection (2) may be amended under section 25 so that the taxpayer is assessed in respect of the whole of the tax period to which the assessment relates. (7) Nothing in this section relieves a taxpayer from being required to furnish the tax return to which the assessment served under this section relates.