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CHAPTER 75:01 - Inland Revenue Division

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Income Tax Act Mac 1<br />

Vol. 1<br />

Barbados<br />

Guyana<br />

Jamaica<br />

PART V<br />

SPECIAL PROVISIONS WHICH APPLY TO COMMONWEALTH<br />

COUNTRIES PRESCRIBED FOR DOUBLE TAXATION PURPOSES<br />

WHICH PROVISIONS WERE FORMERLY CONTAINED IN<br />

SECTIONS 47(3), 48 AND 49 OF THE INCOME TAX ORDINANCE<br />

CH.33 NO.1 BUT WERE REPEALED BY THE FINANCE ACT 1966<br />

(ACT 29 OF 1966)<br />

1. For the purposes of section 96(2) (in this Part referred to as "the section"),<br />

the expression "rate of tax" when applied to tax paid or payable under this<br />

Act, means the rate determined by dividing the amount of the tax paid or<br />

payable for the year (before the deduction of any relief granted under this<br />

section) by the amount of the income in respect of which the tax paid or<br />

payable under this Act has been charged for that year, except that where<br />

the income which is the subject of a claim to relief under this section is<br />

computed by reference to the provisions of section 60 on an amount other<br />

than the ascertained amount of the actual profits, the rate of tax shall be<br />

determined by the Board.<br />

Computation of rate of tax<br />

2. If any person resident in Trinidad and Tobago who has paid by deduction<br />

or otherwise, or is liable to pay tax, under this Act for any year of income<br />

on any part of his income, proves to the satisfaction of the Board that he<br />

has paid by deduction or otherwise, or is liable to pay, Commonwealth<br />

income tax for that year in respect of the same part of his income, he shall<br />

be entitled to relief from tax in Trinidad and Tobago paid or payable by<br />

him on that part of his income at a rate thereon to be determined as<br />

follows : -<br />

Relief in respect of Commonwealth income tax - Residents<br />

(a) if the Commonwealth rate of tax does not exceed one half of<br />

the rate of tax appropriate to his case under this Act in Trinidad<br />

and Tobago; the rate at which relief is to be given shall be the<br />

Commonwealth rate of tax;<br />

(b) in any other case the rate at which relief is to be given shall be<br />

half the rate of tax appropriate to his case under this Act.<br />

3. If any person not resident in Trinidad and Tobago who has paid by deduction<br />

or otherwise or is liable to pay, tax under this Act for any year of in-<br />

BIR Mac Edition 91/<strong>01</strong> Page 167

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