Article (15)
(a) (1) The
registered person, upon filing his
Tax Return, shall be required to
declare the true value of the supply
of
goods or services, which is to be
the reference for charging the tax.
(2)
The true value stated above means
the actual price paid or payable by
the purchaser to the supplier in
return
for the goods or
services supplied.
(3)
The Director may verify the true
value by requesting the Taxable
Person to produce all the relevant
documents, accounts
and records.
(b) The
Special Tax payable on the supply of
goods or services shall be
considered as integral part of their
true value
for the
purposes of charging the General
Tax.
(c) In case where goods are
imported, the value to be taken as
reference for charging the general
tax is the value
adopted for determining the
relevant customs duties listed in
the customs tariff tables plus any
other charges and
taxes levied prior to their
clearance from the customs centers,
including the Special Tax due
thereon in accordance
with the provisions of this
Law.
(d) If the
supply of taxable goods or Service
is for a consideration determined in
foreign currency, it shall be
exchanged
into Jordanian Diners according to
the exchange rate at the time of
supply.
(e)
The provisions of this
Article shall apply to all goods and
services that are in violation to
this Law or those the tax
on which has been evaded.
Article (16) Submission of Returns
(a) (1) A
Registered person subject to the
general tax shall be required to
submit a two-month-return of his
supplies of
goods and services, determining
value and amount of tax due. The
two-month-period shall be considered
as a
single accounting period.
(2) A Registered person
subject to the special tax shall be
required to submit a monthly return
of his supplies of
goods and services
subject to the special tax,
determining value and amount of tax
due. The one-month-period
shall be considered as
a single accounting period.
(3)
The Director shall determine the
beginning and end of tax periods for
registered persons.
(4) Notwithstanding the
provisions of sub-paragraphs (1) and
(2) above, the Director may, under
certain
situations, extend the
tax period of a registered person to
a period not exceeding six months in
all cases.
(b) (1)
Registered persons shall be required
to submit the tax returns, on the
form approved by the Department, for
every tax period even though no
supplies have been made during that
period. Tax return may be submitted
in
writing or electronically.
(2)
Registered persons shall be required
to pay the due tax within the month
following the end of the tax period,
However, the Director
may give the registered person a
further period not exceeding one
month.
(c) The
Registered person, upon the
discovery of an error in his Tax
Return already filed, has the right
to notify the
Department in writing of that error.
In this case he shall not be deemed
to have breached this Law unless the
Department discovered that error
sooner than he did. However; in the
former case, the Registered Person
shall be
required
to pay the under declared tax,
caused by this error, in addition to
the late payment penalty for every
week
or any
part thereof.
(d) (1) If
the Registered person does not
submit a return for any tax period
in accordance with the provisions of
paragraph (b) above, the Director
shall raise an assessment of his
taxable supplies of goods and
services and
the tax due for that period without
prejudice to the other provisions
set out in this Law.
(2) A
registered person may not appeal
against the assessment raised by the
Director unless he submits the
return,
which
he has failed to file, within a
maximum period of 60 days from the
date on which he was served the
assessment notice, and pays the full
amount of tax declared and the late
payment penalty due thereof. The
assessment notice in this case shall
be rendered as void.
(3) If the
registered person failed to submit
the return in accordance with
Sub-paragraph (2) above despite the
fact
that
he has been served the assessment
notice in accordance with the
provisions of this Law, the
assessment
becomes final and decisive.
(e) (1) If it
becomes apparent to the Director
that a Person is conducting taxable
business and that the estimated
value
of
his supplies exceeds the
registration threshold and he failed
to register in accordance with the
provisions of
this
Law, the Director may raise an
assessment of the value of his
taxable supplies and the amount of
tax due
thereon.
(2) The
Person referred to in sub-paragraph
(1) above may appeal to the Director
against the assessment within 60
days of
the date he was served the
assessment notice.
(3) If the
appeal is rejected or not decided by
the Director within 30 of
submission, the appellant may
further file his
appeal
to the Court within 60 days of
submission.
(4) The
assessment raised shall be
considered final if the appeal is
not submitted to the Director or not
filed to the
Court
within the periods prescribed in
sub-paragraphs (2) and (3) above.
(f) (1) The
Director may, within one year since
he raised the assessment under
Paragraphs (d) and (e) above, raise
a
subsequent assessment to increase
the tax assessed as due on the
registered person. The registered
person has
the
right to appeal against this
assessment within 60 days since he
was served the notice of that
assessment .
(2) If the
appeal is rejected or not decided by
the Director within 30 days of
submission, the petitioner may
challenge
the
assessment before the court within
90 days of submission.
(3)
The Director’s decision
becomes final if no appeal is
submitted to the Director or filed
to the court within the
period prescribed in this
paragraph.
Article (17) Officer’s
Assessments
(a)
The Director, or the person
authorized by him, may, by Order,
amend the Tax Return submitted by
the Registered
person stating the grounds for
that amendment. The Registered
person shall be notified of the
amendment order,
and the Return shall be final
if not amended within one year since
it was submitted unless the
Department is satisfied
that the Registered person has
committed an offence as provided for
under this Law.
(b)
(1) The Registered person may
appeal to the Director within 60
days since he was notified of the
amendment
decision made under
Paragraph (a) above.
(2) The
Director shall make his decision
within 30 days of submission. If he
rejects it or does not make a
decision,
the Registered person has the right
to challenge the order before the
competent court within a period not
exceeding 60 days of the date since
he submitted his appeal.
(c)
The amendment decision made by the
Director shall be considered final
if no appeal is submitted to the
Director or
filed to the court as stated
under paragraph (b) of this Article.
(d)
The Director may constitute
committees to consider the appeals
submitted to him under this Article.
These
committees have the right to
seek assistance of competent people
and conduct the required analysis.
The Director
shall issue the necessary
Directives to regulate the number,
structure and approach of these
committees.
(e) Tax shall
be added to the price of goods or
services, including those that have
fixed prices or profit. Accordingly,
the
contracted price for any goods or
service shall be duly modified to
include the emergent tax on goods or
services.
This shall be binding to the
contracting parties in both public
and private sector as of the date
when the
emergent tax
becomes effective, provided that it
be offset against the Consumption
tax, if applicable.