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Taxation Act.docx
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§ 102. Amendment and repeal of notice of assessment if new facts or evidence become evident

(1)  A notice of assessment shall be amended or repealed due to new facts or evidence becoming evident:

1) in order to increase a tax liability, or

2) in order to reduce a tax liability if the situation that the new facts or evidence became known later was not caused by the intention of the taxable person or by negligence on the part thereof.

(2) If facts reducing a tax liability become evident at the same time as new facts or evidence resulting in the preparation or amendment of a notice of assessment which increases a tax liability, such facts shall be taken into consideration upon taxation.

(3) A notice of assessment which is prepared or amended as a result of a tax audit and the repeal of which can no longer be applied for in challenge proceedings or administrative court proceedings may be amended or repealed due to new facts or evidence becoming evident only if such facts or evidence are ascertained in connection with:

1)  a misdemeanour provided for in §§ 1531, 1532 and 154 of this Act, which is committed intentionally and concerning which a judgment has entered into force;

[RT I, 10.12.2010, 4 - entry into force 01.01.2011]

2) a criminal offence concerning which criminal proceedings have been commenced;

 

(4) In making a decision to amend or repeal a notice of assessment on the bases provided for in clause (3) 1) of this section, a tax authority shall take into consideration whether the public interest that the amount of outstanding tax be assessed and collected outweighs the person's certainty that the administrative act remains in force, as well as the gravity of the misdemeanour and other circumstances due to which a piece of evidence or fact was not discovered in the course of the audit, including violation of investigation methods by the tax authority.

[RT I 2003, 71, 472 - entry into force 01.01.2004]

§ 103. Amendment or repeal of notice of assessment on other grounds

(1) A notice of assessment shall be amended or repealed:

1) due to the amendment or repeal of the preliminary administrative act based on which the notice of assessment was prepared, or due to the issue of a new preliminary administrative act in the matter, or

2) due to an event with retroactive effect, or

3) in order to prevent double taxation due to notices of assessment which preclude each other, taking account of the provisions of a treaty.

(2) Notices of assessment which preclude each other are notices by which the same amount of tax or the same tax incentive or tax exemption is imposed on a taxable person several times, the same amount of tax is imposed on several persons or a tax liability for one period of taxation is imposed on a person for several periods of taxation.

(3) A notice of assessment specified in subsection (2) of this section may be amended or repealed in order to reduce a tax liability if the same amount of tax is imposed on a taxable person several times. If a tax incentive or tax exemption has been applied several times, a notice of assessment may be amended or repealed in order to increase a tax liability if the multiple tax incentive or tax exemption was caused by false information submitted by a taxable person.

(4) In the case provided for in clause (1) 2) of this section, the limitation period for making an assessment of tax begins to run on 1 January of the year following the year during which the event occurs if evidence pertaining to the tax liability has been preserved.

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