Legal basis · Tax field audit

Malta

best judgment assessment

Findings at a glance

  • Traceability of the calculation
  • Requirements for counter-evidence
  • Burden of proof and its reversal

exceeded · met

Traceability of the calculationexceeded

Where the Commissioner disagrees with the return, he assesses the chargeable income to the best of his judgement, after considering further returns, books and evidence.

CitationIncome Tax Management Act (Cap. 372), Art. 31

What we provideEvery figure is traceable down to the individual document. The chain of calculation can be walked in both directions — from the result to the document and back.

Requirements for counter-evidenceexceeded

The tribunal does NOT regard evidence as sufficient to warrant a change in the assessment where the appellant, without reasonable excuse, failed to provide the records, documents, accounts and electronic data previously requested by the Commissioner.

CitationIncome Tax Management Act (Cap. 372) · Verfahren vor dem Administrative Review Tribunal

What we provideA closed system: purchasing, production, masses, unit counts, sales channel and revenue support one another. A single incorrect figure shows up against the others.

Further information — 1 axes

Burden of proof and its reversalmet

The appeal must be lodged within 30 days of service of the refusal.

CitationIncome Tax Management Act (Cap. 372)

What we provideThe evidence is prepared so that the reversal of the burden remains traceable and the counter-evidence engages with the calculation, not with the objection.

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