6 January 2014

Prior to 1 January 2014, a company that disagrees with the assessment raised is required to inform IRAS by filing a Notice of Objection within 30 days from the date of service of the Notice of Assessment (NOA), stating the grounds of objection.

From 1 January 2014 onwards, as an administrative concession, companies are granted an extended period of two months from the date of service of the NOA to file a Notice of Objection.  This applies to NOAs issued on or after 1 January 2014.

A Notice of Objection can be filed by the following methods:

• electronically via myTax Portal;
• by submitting the Form for Filing Notice of Objection that is downloadable from the IRAS website; or
• by submitting a letter or an e-mail.

To ensure timely resolution of an objection, IRAS has set the following milestones for the objection process:

• Request for Information — If IRAS requires more information to review the tax issue under objection, the company is required to reply to IRAS’s queries by the due date stated in the letter. In the absence of a specific due date, the company is required to reply within two months from the date of IRAS’s letter.
• Review of Objection — IRAS will review and convey its decision in writing within six months from the date of receipt of the company’s last correspondence with complete information. For complex cases where more time is needed to review the tax issue under objection, IRAS will advise on the estimated time needed.
• Response to IRAS’s Decision — The company will need to reply in writing whether it agrees with IRAS’s decision on the disputed tax issue by the due date stated in IRAS’s letter. In the absence of a specific request on whether the company agrees with IRAS’s position and/or specific due date, the company is required to reply within three months from the date of IRAS’s letter. If the company fails to reply by this deadline, the objection will be considered as resolved and closed.

In addition, to ensure closure of a protracted objection, IRAS may issue a Notice of Refusal to Amend when:

• Information requested by IRAS remains outstanding after two years from the date of receipt of the Notice of Objection.
• The company has failed to furnish a reply to IRAS’s decision on the tax issue under objection within three months from the date of IRAS’s letter.
• The company’s agreement to IRAS’ decision is qualified with caveat (i.e. the company reserved the right to re-open the case in the event of a favourable decision/ruling by the Income Tax Board of Review/High Court/Court of Appeal).
• IRAS is unable to reach an agreement with the company on the tax issue under objection.

For more information, please refer the updated content on the IRAS website here.

Source: Inland Revenue Authority of Singapore