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 />
and the manner in which and the grounds on which the apportionment has<br />
been made.<br />
Additional provisions as to information<br />
(2) The provisions of this Act relating to returns under section 76 shall apply<br />
in relation to any return required under subsection (1).<br />
139. Sections 133 to 138, 140 and 141 shall not apply in relation to any company<br />
established for charitable purposes only, or to any other company unless it<br />
carries on a trade or its functions consist wholly or mainly in the holding<br />
of investments or other property, or, except in relation to persons<br />
employed by it in an employment to which those sections apply wholly or<br />
mainly for the purposes of a trade carried on by it, to any municipality or<br />
County Council.<br />
Charities and non-trading bodies<br />
140. (1) In sections 133 to 141 "business premises", in relation to a company, includes<br />
all premises occupied by that company for the purpose of any trade<br />
carried on by it; but where the reference is expressly to premises which include<br />
living accommodation, the said expression does not include so much<br />
of any such premises as aforesaid as is used wholly or mainly as living accommodation<br />
for any of the directors of the company or for any persons<br />
employed by the company in any employment to which those sections apply.<br />
Interpretation<br />
(2) Any reference in sections 133 to 141 to anything provided for a<br />
director or employee shall, unless the reference is expressly to something<br />
provided for the director or employee himself, be construed as including a<br />
reference to anything provided for the spouse, family, servants,<br />
dependents or guests of that director or employee, and the reference in<br />
subsection (1) to living accommodation for directors or employees shall be<br />
construed accordingly.<br />
(3) In sections 133 to 141 "control" in relation to a company means the<br />
power of a person to secure, by means of the holding of shares or the possession<br />
of voting power in or in relation to that or any other company or<br />
by virtue of any powers conferred by the articles or association or other<br />
document regulating that or any other company, that the affairs of the first<br />
mentioned company are conducted in accordance with the wishes of that<br />
person, and, in relation to a partnership, means the right to a share of more<br />
than half of the assets, or of more than one-half of the income, of the<br />
partnership.<br />
141. (1) Sections 133 to 140 shall apply in relation to a body of persons as they<br />
apply in relation to a company, and, in connection with the said sections,<br />
the definition of "control" in section 140 shall, with the necessary adaptations,<br />
also so apply.<br />
Unincorporated bodies and partnerships<br />
BIR Mac Edition 91/<strong>01</strong> Page 146
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