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CHAPTER 75:01 - Inland Revenue Division

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 />

(c) Where a person is director of a company, all employments in<br />

which he is employed by the company shall be treated as employments<br />

to which the sections 133 to 141 apply.<br />

(4) All the directors of, and persons employed by a company over which<br />

another company has control shall be treated for the purposes of<br />

subsection (3)(b) and (c), but not for any other purpose, as if they were<br />

directors of, or, as the case may be, as if the employment were an<br />

employment by, that other company.<br />

(5) Notwithstanding anything in the preceding provisions of this section,<br />

no employment of a person by a company at a school or other educational<br />

establishment carried on by that company shall be an employment to<br />

which sections 133 to 141 apply or be taken into account in determining<br />

whether any other employment is an employment to which these sections<br />

apply.<br />

137. (1) If a company furnishes to the Board a statement of the cases and the<br />

circumstances in which payments of a particular nature are made or things<br />

of a particular nature are provided for any of its directors or employees<br />

and the Board is satisfied that no additional tax would fall to be paid if<br />

sections 133 to 136 and 138 to 141 were to apply in relation to payments<br />

made or things provided by the company in accordance with the statement,<br />

it shall notify the company accordingly and, where such a notification is<br />

given, those sections shall not apply in relation to payments made or<br />

things provided by the company in accordance with the statement.<br />

Saving for certain payments and expenses<br />

(2) Notwithstanding subsection (1), the Board may, if in its opinion there<br />

is reason to do so, by notice in writing served on the company, revoke any<br />

such notification, either as from the date of the making of the notification<br />

or as from such later date as may be specified in the notice, and thereupon<br />

all such tax shall become chargeable, and all such returns shall be made by<br />

the company and by the directors or employees in question, as would have<br />

been chargeable or would have had to have been made in the first instance<br />

if the notification had never been given, or, as the case may be, if it had<br />

ceased to have effect on the specified date.<br />

138. (1) Where, for the purposes of a return under section 76, a company apportions<br />

expenses incurred partly in or in connection with a particular matter<br />

and partly in or in connection with other matters, the return shall contain a<br />

statement that the sum included in the return is the result of such an apportionment<br />

and the company, if required to do so by notice from the Board,<br />

shall prepare and deliver to the Board, within the time limited by the<br />

notice which shall be not less than four-teen days from the receipt of such<br />

notice, a return containing full particulars as to the amount apportioned<br />

BIR Mac Edition 91/<strong>01</strong> Page 145

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