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CHAPTER 75:01 - Inland Revenue Division

CHAPTER 75:01 - Inland Revenue Division

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Income Tax Act Mac 1<br />

Vol. 1<br />

(5) Any reference in this section to a company which is assessable under<br />

this Act in respect of any premises shall be deemed to include a reference<br />

to a company which would be so assessable if a state of affairs which<br />

subsists during any part of the year had subsisted for the whole of the year.<br />

136. (1) In this section and in sections 133 to 135 and 137 to 141 "director" means<br />

- Meaning of "director", "employment" and "employee"<br />

(a) in relation to a company the affairs whereof are managed by a<br />

board of directors or similar body, a member of that board or<br />

similar body;<br />

(b) in relation to a company the affairs whereof are managed by a<br />

single director or similar person, that director or person;<br />

(c) in relation to a company the affairs whereof are managed by the<br />

members themselves, a member of the company and includes any<br />

person in accordance with whose directions or instructions the<br />

directors of a company, defined in accordance with the preceding<br />

provisions of this subsection, are accustomed to act: but a person<br />

shall not, within the meaning of this subsection, be deemed to be a<br />

person in accordance with whose directions or instructions the<br />

directors of a company are accustomed to act by reason only that<br />

the said directors act on advice given by him in a professional<br />

capacity.<br />

(2) In this section "employment" means an employment such that any<br />

emoluments thereof would fall to be assessed under this Act, and<br />

references to persons employed by, or employees of, a company include<br />

any person who takes part in the management of the affairs of the<br />

company and is not a director thereof.<br />

(3) (a) Subject to this subsection and subsections (4) and (5), the<br />

employments to which sections 133 to 141 apply are employments<br />

the emoluments of which, calculated on the basis that they are<br />

employments to which those sections apply, and without any<br />

deduction being made in respect of money expended in performing<br />

the duties thereof, are at the rate of nine thousand six hundred<br />

dollars a year or more.<br />

(b) Where a person is employed in several employments by the<br />

same company, and the total of the emoluments of those<br />

employments, calculated as aforesaid, is at the rate of nine<br />

thousand six hundred dollars a year or more, all those<br />

employments shall be treated as employments to which sections<br />

133 to 141 apply.<br />

BIR Mac Edition 91/<strong>01</strong> Page 144

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