Last Updated on Tuesday, 21 February 2017 13:50
WHAT IS THE INCOME TAX BOARD OF REVIEW?
The Income Tax Board of Review (ITBOR) is an independent board set up under the Ministry of Finance
The ITBOR comprises of the chairperson and other qualified members independently appointed by the Minister of Finance to consider the Income Tax Assessment appeals.
WHAT CAN BE APPEALED TO THE ITBOR?
The taxpayers can only appeal to the ITBOR after their initial objection to the Collector of Income Tax (CIT) is rejected. A Notice of Refusal to Amend from the CIT would be issued. After receiving the Notice of Refusal to Amend, you have the option to:
a. Accept the CIT’s decision on the item or items under objection. If so, the assessment will be regarded as final and conclusive; or
b. File a Notice of Petition for Review to the Board within 30 days from the date of the Notice of refusal to Amend.
WHAT ARE THE REQUIRED DOCUMENTS FOR APPEAL?
Within 30 days of the Notice of the Refusal of the CIT to amend the assessment, file a written Notice of Petition for Review under section 66C in duplicate hardcopy; and
Within 30 days of the filing of the Notice of Petition for Review under section 66C, file a Petition for Review in quadruplicate containing a statement of the grounds of appeal.
Hardcopies of the documents are to be sent to the address below:
Income Tax Board of Review
Level 4, Ministry of Finance Building,
Jalan Kebangsaan BB3910
Negara Brunei Darussalam.
Softcopies of the documents should be emailed to:
Procedure at ITBOR hearing
The hearing date and place will be decided after all documents have been filed. A 14 days’ Notice will be given to both the appellant and the CIT on the time and place for the hearing of the appeal.
The hearing must be attended by the appellant and the CIT, either in person or by an advocate and solicitor or accountant.
Grounds for Appeal
It is the taxpayers’ responsibility to prove to the Board that the CIT’s tax assessment is excessive or the amount of any unabsorbed losses, allowances or donations that may be carried forward ought to be of a different amount.
Therefore, it is important to state all issues, attach all relevant documents and state your supporting arguments for appeal in the Petition for Review.
What is the filing fee for Appeals?
Non-refundable filing fees of BND$200 for each year of assessment will be charged when filing the petition of review is made by a company.
Withdrawal of Appeals
You can withdraw your appeal at any time by writing in to the Board.
If the CIT decides to concede the matter in dispute, they will write to both the Board and taxpayer.
Appeal to the High court
A taxpayer or the CIT may appeal to the High Court against the ITBOR’s decision only if the issue involves a question of a law or a question of mixed law and fact and the disputed tax payable (excluding the amount of any costs awarded) exceeds $3,000.
APPEAL TO THE COURT OF APPEAL
A taxpayer or the CIT may appeal to the Court of Appeal against the High Court’s decision only if the issue involves a question of a law or a question of mixed law and fact and the disputed tax payable (excluding the amount of any costs awarded) exceeds $5,000.