Article 64 - Examination and assessment procedures

1. The Authority may make an assessment of the VAT obligations of a Person in respect of one or more Tax Periods. The Authority shall provide notification to the Taxable Person when it issues such an assessment.

2. An assessment issued by the Authority shall at a minimum show the Net Tax payable, the due date for payment, and the basis for calculation of the assessment. The assessment shall notify the Taxable Person of its rights to appeal the assessment.

3. Subject to the fourth paragraph of this article, the Authority may not issue or amend an assessment in respect of any Tax Period after a period of five (5) years has passed from the end of the calendar year in which the Tax Period falls.

4. In cases where any transaction is carried out with the intention of breaching the provisions of the Law and these Regulations, or in cases where a Person is required to register but fails to do so, the Authority may issue or amend assessments up to a period of twenty (20) years from the end of the calendar year in which the Tax Period falls.

5. An assessment issued by the Authority in cases where a Taxable Person has failed to file a Tax Return can be withdrawn after the filing of a completed Tax Return for that Tax Period by the Taxable Person or a person authorised to act on his behalf.

6. Taxable Persons shall cooperate with an examination carried out by the Authority. The following conditions shall apply to examinations by the Authority:

a) subject to sub-paragraph (b) of this paragraph, the examination shall be performed at the premises of the Taxable Person or the premises of the Authority pursuant to a notice issued by the Authority twenty (20) days before the first date of the examination,

b) as an exception to sub-paragraph (a) of this paragraph, the Authority may conduct an examination without prior notice in cases where it has good reason to suspect violation of the Law or these Regulations or of a refusal of the Taxable Person to cooperate has occurred or is likely to occur,

c) an examination at the Person’s premises shall be carried out during working hours of the Taxable Person subject to the examination and the Taxable Person shall make available all the invoices, books, records and accounting documents which the Taxable Person is required to keep in accordance with the Law and these Regulations, which may be examined by the Authority on or off the premises,

d) in cases where the Authority transfers invoices, books, records and accounting documents from the Taxable Person’s premises, a receipt for the transferred documents shall be provided to the Taxable Person,

e) the Authority, upon completion of the examination, shall return transferred documents to the Taxable Person within twenty (20) days from the end of the examination save that the Authority may retain copies of documents if considered necessary by the Authority.

7. As part of an examination, employees of the Authority may visit any premises of the Taxable Person to verify that the Taxable Person is complying fully with its Tax obligations.

8. Where invoices, books, records and accounting documents of a Taxable Person are kept on a computer system or electronically, the Taxable Person shall during an examination provide upon request by employees of the Authority with physical copies or electronic files containing the required information.

9. In cases where a Taxable Person fails to cooperate fully with Authority’s employees in providing the requested information, the employees of the Authority may take additional measures to obtain invoices, books, records and accounting documents and other relevant documents that provide such information and may temporarily seize such documents if they have reason to believe that they may otherwise be hidden, damaged or tampered with by the Taxable Person. In cases where a violation of the provisions of the Law or these Regulations is suspected, the Authority may carry out a search of those premises and collect evidence in respect of that violation or tax evasion.