Act 14 2025 - Revenue Administration (Amendment) Act 2025

[18th August 2 0 2 5 ] Reven ue Administration (Amendment) Act 302 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT REVENUE ADMINISTRATION (AMENDMENT) ACT, 2025 (Act 14 of 2025) ARRANGEMENT OF SECTIONS SECTIONS 1. Short title 2. Amendment of section 34 [18th August 2 0 2 5 ] Reven ue Administration (Amendment) Act 303 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT REVENUE ADMINISTRATION (AMENDMENT) ACT, 2025 (Act 14 of 2025) I assent Wavel Ramkalawan President 8th August, 2025 AN ACT TO AMEND THE REVENUE ADMINISTRATION ACT (CAP. 308) TO PROVIDE FOR THE IMPOSITION OF ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH A NOTICE REQUIRING THE FURNISHING OF INFORMATION, GIVING OF EVIDENCE, OR PRODUCTION OF DOCUMENTS FOR THE PURPOSES OF ADMINISTERING A REVENUE LAW OR FULFILLING AN OBLIGATION UNDER A TAX TREATY OR AGREEMENT. ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY. Short title 1. This Act may be cited as the Revenue Administration (Amendment) Act, 2025. [18th August 2 0 2 5 ] Reven ue Administration (Amendment) Act 304 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 34 2. Section 34 of the Revenue Administration Act (Cap.308) is amended by inserting the following new subsection immediately after subsection (3) — “(3A) (a) Where the Commissioner General is satisfied that a person has contravened the provisions of this section, the Commissioner General may impose an administrative penalty not exceeding SCR 250,000 in respect of each contravention on that person. (b) The Commissioner General shall take into consideration one or more of the following factors in considering the imposition of a penalty under paragraph (a) — (i) the nature and seriousness of the contravention; (ii) the need to ensure strict compliance with this Act and to penalise and deter contraventions; (iii) whether the person has previously contravened any provision of this Act; (iv) whether the contravention was deliberate, reckless, or caused by negligence; (v) whether any loss or damage has been sustained by third parties as a result of the contravention; (vi) any financial benefit or gain derived from the contravention; and (vii) any other matter the Commissioner General considers appropriate. [18th August 2 0 2 5 ] Reven ue Administration (Amendment) Act 305 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (c) Where an administrative penalty is imposed under this subsection, the Commissioner General shall serve a written notice on the person — (i) specifying the amount of the penalty in respect of each contravention, provided that the amount shall not exceed SCR 250,000 per contravention; (ii) stating the grounds for the imposition, including the matters considered in paragraph (b); and (iii) requiring payment of the penalty within a period, as specified in the notice, having regard to the circumstances of the contravention. (d) A person who is aggrieved by a decision of the Commissioner General to impose an administrative penalty under this subsection may lodge an objection in accordance with section 15. (e) During the determination of the objection lodged under paragraph (d), the period specified by the Commissioner General for payment of the penalty shall be suspended. (f) Where the Commissioner General determines that the objection is frivolous or vexatious, the person who lodged the objection may be ordered to pay reasonable costs or interest, as may be determined by the Commissioner General, on the penalty amount. (g) Where an administrative penalty has been imposed under this section, no prosecution shall be instituted under section 47(1)(vi) in respect of the same contravention.” [18th August 2 0 2 5 ] Reven ue Administration (Amendment) Act 306 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT I certify that this is a correct copy of the Bill which was passed by the National Assembly on Tuesday 5th August, 2025. Mrs. Tania Isaac Clerk to the National Assembly