A taxpayer can only object to the assessment by the Inland Revenue Department. They cannot object to the tax. If the assessment is correct, then the tax is correct. Tax Administration and Procedures Act 2003 Section 40 – 45 lists the details of the objection process.
40. (1) A taxpayer who is dissatisfied with an assessment or any other decision of the Department may request the Comptroller for an administrative review of the decision.
(2) A request for administrative review shall be made to the Comptroller in the prescribed form not later than one month from the date of the assessment or the date the taxpayer was notified of the decision.
(3) The Comptroller shall consider the taxpayer's request and notify the tax payer in writing of his or her decision, and the reasons for the decision within a reasonable time.
Objections to assessments for Value Added Tax are guided by the provisions in The Value Added Tax Act, No. 3 of 2010, as stated in the following sections:
64. (2) A person who is dissatisfied with an appealable decision may lodge an objection to the decision with the Comptroller within thirty (30) calendar days after the service of the notice of the decision.
(4) An objection to an appealable decision shall be
(a) in such form as may be prescribed by the Comptroller;
(b) specify in details the grounds upon which it is made, and
(c) be accompanied by payment of all tax not in dispute and 50% of the amount of tax in dispute”.
(6) The Comptroller may, after considering the objection, allow the objection in whole or part and amend the assessment or the decision objected to accordingly, or disallow the objection.
(7) The Comptroller shall serve on the person who is objecting a notice in writing of the decision of the Comptroller on the person’s objection.
To start the objection process, the taxpayer must complete an Objections Form (OBJ-001: Objection Form For Tax Assessments) or (OBJ-003: Objection Form For Value Added Tax). On it you must record your name, address, contact information, the assessment information and define the reasons under which you are objecting. You may also include any other information that you think is relevant to your case. You should complete the form in its entirety, to ensure faster service.