§ 58 — Recovery of unpaid MTT, interest and penalty

58.—(1) This section applies to —(a)

an amount of MTT payable under section 42(1) or pursuant to an assessment, that has not been paid by the date it becomes due (called in this section the MTT in arrears); and

(b)

an amount of interest imposed under section 42(3) or 49(8) (including that provision as applied by section 50(4) or 51(2)), that has not been paid by the date it becomes due (called in this section the interest in arrears).

(2) Sections 57, 87, 89 and 90 of the ITA apply for the purposes of collecting and recovering the MTT in arrears and the interest in arrears, as they apply for the purposes of collecting and recovering unpaid ITA tax, and any unpaid interest imposed under section 85(2) of the ITA, subject to the modifications in subsection (3) and all other necessary modifications.

(3) The modifications are —(a)

a reference to tax or tax charged on the income of a person, is to the MTT in arrears, including (in the case of section 57 of the ITA) any penalty imposed by section 87 of the ITA as applied by subsection (2);

(b)

a reference to interest imposed under section 85(2) of the ITA is to the interest in arrears;

(c)

a reference to the person assessed to tax, the person by whom tax is payable, the person from whom an amount of tax is due, the defaulting taxpayer or a person liable to any tax, interest or penalty, is to the chargeable entity liable for the MTT in arrears or the interest in arrears, as the case may be;

(d)

a reference in section 57 of the ITA to Part 18 of the ITA is to Part 6;

(e)

a reference to any provision of the ITA relating to the collection and recovery of tax is to that provision as applied by subsection (2);

(f)

a reference to the periods prescribed for the payment of tax under section 85 of the ITA is to the time specified for the payment of the MTT in section 42(1), 49(7), or 49(7) (as applied by section 50 or 51), as the case may be;

(g)

a reference to penalty or additional penalty is to the penalty or additional penalty imposed by section 87(1)(a) or (c) (as the case may be) of the ITA as applied by subsection (2); and

(h)

such other modifications as may be prescribed by the regulations.

—(1) This section applies to —(a)

an amount of MTT payable under section 42(1) or pursuant to an assessment, that has not been paid by the date it becomes due (called in this section the MTT in arrears); and

(b)

an amount of interest imposed under section 42(3) or 49(8) (including that provision as applied by section 50(4) or 51(2)), that has not been paid by the date it becomes due (called in this section the interest in arrears).

(2) Sections 57, 87, 89 and 90 of the ITA apply for the purposes of collecting and recovering the MTT in arrears and the interest in arrears, as they apply for the purposes of collecting and recovering unpaid ITA tax, and any unpaid interest imposed under section 85(2) of the ITA, subject to the modifications in subsection (3) and all other necessary modifications.

(3) The modifications are —(a)

a reference to tax or tax charged on the income of a person, is to the MTT in arrears, including (in the case of section 57 of the ITA) any penalty imposed by section 87 of the ITA as applied by subsection (2);

(b)

a reference to interest imposed under section 85(2) of the ITA is to the interest in arrears;

(c)

a reference to the person assessed to tax, the person by whom tax is payable, the person from whom an amount of tax is due, the defaulting taxpayer or a person liable to any tax, interest or penalty, is to the chargeable entity liable for the MTT in arrears or the interest in arrears, as the case may be;

(d)

a reference in section 57 of the ITA to Part 18 of the ITA is to Part 6;

(e)

a reference to any provision of the ITA relating to the collection and recovery of tax is to that provision as applied by subsection (2);

(f)

a reference to the periods prescribed for the payment of tax under section 85 of the ITA is to the time specified for the payment of the MTT in section 42(1), 49(7), or 49(7) (as applied by section 50 or 51), as the case may be;

(g)

a reference to penalty or additional penalty is to the penalty or additional penalty imposed by section 87(1)(a) or (c) (as the case may be) of the ITA as applied by subsection (2); and

(h)

such other modifications as may be prescribed by the regulations.