Income Tax (Petroleum) Act · 2022 Revised Edition · Part · Collection, Recovery and Repayment of Tax
33. Penalty for non-payment of tax and enforcement of payment
Official textFrom Attorney General's Chambers, unchanged
Subject to the provisions of subsection (2), if any tax is not paid within the periods prescribed in section 32 —
a sum equal to 5 per cent per annum of the amount of the tax payable shall be added thereto, and the provisions of this Act relating to the collection and recovery of tax apply to the collection and recovery of such sum;
Income Tax (Petroleum)
the Collector shall serve a demand note upon the company assessed; and if payment is not made within 30 days from the date of the service of such demand note, the Collector may proceed to enforce payment as hereinafter provided;
notwithstanding the provisions of paragraphs (a) and (b), if the amount of tax outstanding is not paid within 60 days of the imposition of the penalty provided for in paragraph (a), an additional penalty of one per cent of the tax outstanding shall be payable for each completed month that the tax remains unpaid, but the total additional penalty shall not exceed 12 per cent of the amount of tax outstanding, and the provisions of this Act relating to the collection and recovery of tax apply to the collection and recovery of tax of such additional penalty;
a penalty imposed under this subsection is not deemed to be part of the tax paid for the purposes of claiming relief under any of the provisions of this Act.
The Collector may, for any good cause shown, remit the whole or any part of the penalty due under subsection (1).
Collector
“Collector” means the Collector of Income Tax appointed under section 3 and includes for all purposes of this Act, except the powers conferred on the Collector by sections 38, 39 and 42, a Deputy Collector so appointed;
Terms defined in s 2
Collector
Defined · s 2“Collector” means the Collector of Income Tax appointed under section 3 and includes for all purposes of this Act, except the powers conferred on the Collector by sections 38, 39 and 42, a Deputy Collector so appointed;
company
Defined · s 2“company” means a company incorporated or registered in Brunei Darussalam under the Companies Act or under any law in force elsewhere, but does not include the company acting as a State Party in a petroleum mining Agreement in accordance with the Petroleum Mining Act;
petroleum
Defined · s 2“petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition and casing-head petroleum spirit but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;