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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 />

(2) Nothing contained in this regulation authorises the allowance of credit<br />

against any Trinidad and Tobago tax against which credit is not allowable<br />

under the arrangements.<br />

Requirement as to residence<br />

3. Credit shall not be allowed against tax for any year of income unless the person<br />

in respect of whose income the tax is chargeable is resident in Trinidad and Tobago for<br />

that year.<br />

Limit on total credit<br />

4. The credit shall not exceed the amount which would be produced by computing<br />

the amount of the income of the person in question in accordance<br />

with provisions of this Act, and then charging it to income tax at a rate<br />

ascertained by dividing the income tax chargeable (before allowance of<br />

credit under any arrangements having effect under section 93 of this Act)<br />

on the total income by the amount of the total income.<br />

5. Without prejudice to the provisions of regulation 4, the total credit to be<br />

allowed to a person against income tax for any year of income for foreign<br />

tax under all arrangements having effect by virtue of section 93 of this Act<br />

shall not exceed the total tax payable by him for that year.<br />

Effect on computation of income of allowance of credit<br />

6. (1) In computing the amount of the income -<br />

(a) no deduction shall be allowed in respect of foreign tax (whether<br />

in respect of the same or any other income);<br />

(b) where the income tax chargeable depends on the amount<br />

received in Trinidad and Tobago, the said amount shall be<br />

increased by the appropriate amount of the foreign tax in respect of<br />

the income;<br />

(c) where the income includes a dividend and under the<br />

arrangement foreign tax not chargeable directly or by deduction in<br />

respect of the dividend is to be taken into account in considering<br />

whether any, and if so what, credit is to be given against income<br />

tax in respect of the dividend the amount of the income shall be<br />

increased by the amount of the foreign tax not so chargeable which<br />

falls to be taken into account in computing the amount of the<br />

credit,<br />

BIR Mac Edition 91/<strong>01</strong> Page 163

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