S.L. 372.18 Art. 6P.T. benchmark.

(1) Save as otherwise provided in these rules the P.T.

benchmark of a provisional tax payer for a basis period is determined by taking the amount of tax payable, if any, for the benchmark year of assessment as shown in the self assessment of that provisional tax payer for that year and computed in accordance with the provisions of article 10(2) of the Act and adding back provisional tax taken into account in the said self assessment.

(2) For the purpose of sub-rule (1) no account shall be taken of any further return submitted in accordance with article 13 of the Act after the commencement of the month immediately preceding that in which the first P.T. payment for the basis period in question falls due.

(3) Where the Commissioner has made an assessment of the chargeable income of a provisional tax payer in terms of article 31(5) of the Act for any benchmark year of assessment and has given notice of that assessment to that provisional tax payer before the commencement of the month in which a P.T. payment falls due, the P.T. benchmark shall be arrived at by taking the amount of tax shown as payable in that assessment and adding back any provisional tax taken into account in the said assessment.

(4) Notwithstanding any other provision of these rules, where it appears to the Commissioner that the P.T. benchmark of a provisional tax payer as resulting from rule 6(1) or rule 7 is substantially lower than the amount which in his opinion should be payable for the period by the said provisional tax payer, he may at any time establish an applicable benchmark and inform the provisional tax payer accordingly by a notice in writing and where such notice is given before the commencement of the month in which a P.T. payment falls due, the P.T. benchmark shall be equivalent to the amount shown in the said notice:

Provided that where the notice referred to in this sub-rule is given during the month in which a P.T. payment falls due or during any subsequent month in the same basis period, the P.T. benchmark as established by the Commissioner under this sub-rule shall still apply and the P.T. payment or payments based on the said benchmark shall, notwithstanding the provisions of rule 4 but without prejudice to the provisions of rule 10, become payable by the last day of the month in which the notice has been given or by such later date within the same basis period as may be determined by the Commissioner.