S.L. 372.18 Art. 7P.T. benchmark in the case where self assessment has not been furnished.

(1) When a provisional tax payer has not, before the commencement of the month immediately preceding that in which a P.T. payment falls due, furnished a self assessment for the relative benchmark year of assessment the P.T. benchmark with respect to that particular payment shall be determined as follows:

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

(b) if the provisions of paragraph (a) do not apply the P.T. benchmark shall be an amount determined in the manner specified in rule 6 except that the reference therein to the benchmark year of assessment shall be construed as a reference to the last year of assessment in respect of which a self assessment has been furnished being a self-assessment furnished before the commencement of the month immediately preceding that in which the P.T. payment in question falls due and relating to a year of assessment preceding the benchmark year of assessment;

(c) if the Commissioner has not made a determination to which paragraph (a) applies and the provisional tax payer has not furnished a self assessment to which paragraph (b) applies the P.T. benchmark shall be nil;

(d) if, after having made a determination in terms of article 31(3) of the Act with respect to the tax payable for the year of assessment in question, the Commissioner has made an assessment in terms of article 31(5) of the Act and has given notice of that assessment to that provisional tax payer, the P.T. benchmark shall be determined in the manner specified in rule 6(3).

(2) When the P.T. benchmark with respect to a P.T. payment that fell due during a basis period has been determined in accordance with any of the provisions of sub-rule (1) and as a result of the submission of a self assessment that sub-rule is not applicable to a subsequent P.T. payment that falls due during the same period, the P.T. benchmark for that period shall be re-calculated by reference to that self assessment as provided in rule