§ 63 — Relief in respect of error or mistake

63.—(1) If a chargeable entity alleges that any payment of MTT or DTT is excessive by reason of some error or mistake in a return made under this Act, it may, at any time not later than —(a)

in the case of MTT — 31 December of the 5th year after the year in which the due date mentioned in section 41(3)(a) or (b) (whichever is applicable) falls; and

(b)

in the case of DTT — 31 December of the 5th year after the financial year to which the DTT relates,

make a written application to the Comptroller for relief.

(2) An application under subsection (1) may be made on behalf of the entity by another entity authorised by the firstmentioned entity.

(3) On receiving the application, the Comptroller must inquire into the matter and must, subject to this section, give, by way of repayment of MTT or DTT or an amendment to an assessment, such relief in respect of the error or mistake as appears to the Comptroller to be reasonable and just.

(4) No relief by way of repayment or amendment to an assessment may be given under this section when the return was in fact made on the basis of or in accordance with the prevailing interpretation of the GloBE rules at the time when the return was made.

(5) Section 54 applies in respect of an appeal against a determination of the Comptroller under this section.

(6) The Board of Review may, if in its opinion the appeal was vexatious or frivolous, order that the whole or any part of the aforesaid sum be forfeited and awarded to the Comptroller as costs.

—(1) If a chargeable entity alleges that any payment of MTT or DTT is excessive by reason of some error or mistake in a return made under this Act, it may, at any time not later than —(a)

in the case of MTT — 31 December of the 5th year after the year in which the due date mentioned in section 41(3)(a) or (b) (whichever is applicable) falls; and

(b)

in the case of DTT — 31 December of the 5th year after the financial year to which the DTT relates,

make a written application to the Comptroller for relief.

(2) An application under subsection (1) may be made on behalf of the entity by another entity authorised by the firstmentioned entity.

(3) On receiving the application, the Comptroller must inquire into the matter and must, subject to this section, give, by way of repayment of MTT or DTT or an amendment to an assessment, such relief in respect of the error or mistake as appears to the Comptroller to be reasonable and just.

(4) No relief by way of repayment or amendment to an assessment may be given under this section when the return was in fact made on the basis of or in accordance with the prevailing interpretation of the GloBE rules at the time when the return was made.

(5) Section 54 applies in respect of an appeal against a determination of the Comptroller under this section.

(6) The Board of Review may, if in its opinion the appeal was vexatious or frivolous, order that the whole or any part of the aforesaid sum be forfeited and awarded to the Comptroller as costs.