Cap. 364 Art. 52Commissioner to determine and assess the duty chargeable.

(1)When the Commissioner is satisfied that the price or consideration, or the value as declared in a document whereby any immovable or any real right over an immovable is transferred, or in a declaration of a transfer made in accordance with causa mortis article 33, is less than eighty-five per centum (85%) of the real value or consideration as established by the Commissioner, or is less than the consideration that results to the Commissioner to have been actually paid, or when a declaration that ought to be made in terms of article 33 has not been made, he shall proceed to determine by order in writing the amount of duty chargeable on the difference between the value or consideration declared and the value or consideration of the immovable as established or as results to the Commissioner to have been actually paid or the duty that would have been payable, as the case may be, and shall raise an assessment accordingly:

Provided that, when a declaration has not been made as aforesaid, nothing in this sub-article shall be construed as

*See sub-article (6) of article 69 of the Act as originally enacted, which sub-article has been omitted under the Statute Law Revision Act, 1980. exempting the transferee from any obligation to make causa mortis the relative declaration in accordance with article 33 but any duty paid following an assessment shall also be taken into account in any other declaration made subsequent thereto:

Provided further that, when a declaration has not been made as aforesaid the Commissioner may not exercise his powers under this article after the lapse of thirty (30) years from the happening of the transfer causa mortis.

(2) If the Commissioner is satisfied that the declaration referred to in article 32(4)(d) or that any statement made for the purpose of any relief under article 33, is not complete, correct and true in all details he shall proceed to determine by order in writing the amount of the duty chargeable being the difference between the duty properly chargeable in the absence of such declaration or such statement, as the case may be, and the duty paid on the transfer.

(3) In a transfer the transferor and the transferee inter vivos, shall be jointly and severally liable to pay the duty referred to in this article.

(4) (a) Where the Commissioner has determined that the value of an immovable as declared in a document of transfer or in a declaration of a transfer is less causa mortis than eighty five of the real value or per centum consideration as provided in sub-article (1) or where in the opinion of the Commissioner the document of transfer or the deed of declaration made in accordance with article 33 does not reflect the true conditions of the transfer, the transferor in a transfer and inter vivos the transferee shall be liable to pay an additional duty equivalent to twenty per centum (20%) of the amount of duty assessed by the Commissioner as aforesaid:

Provided that, in addition to the above-mentioned additional duty, 'the transferee shall be liable to pay interest at a rate as prescribed by the Minister which interest shall start accruing after the expiration of three months from either of the following:

(i) the date of notification of the original assessment where no objection is made, or where the value is not reduced by the Commissioner following the filing of an objection; or

(ii) the date of notification of the revised assessment issued in terms of article 56, where the value has been reduced by the Commissioner following an objection: Provided further that interest shall in no case exceed the duty assessed by the Commissioner in respect of each assessment.

(b) The transferee only shall be liable to any duty or additional duty assessed because the declaration or statement referred to in sub-article (2) is not complete, correct and true.

(5) Saving the other provisions of this article, the Commissioner may raise an assessment as provided in this article, at any time, within one year from the day of the receipt by the Commissioner of the notice referred to in article 51: Provided that in the case of a notice in respect of a declaration of a transfer causa mortis such assessment may be made within four years of the receipt of such notice.