CHAPTER 75:01 - Inland Revenue Division

Income Tax Act Mac 1
Vol. 1
(4) Where a person and his spouse occupy as a residence land and
improvements owned by both spouses jointly, a deduction under
subsection (3)(a) in respect of the residence may be claimed by each
spouse in such porportion as they may determine and shall be allowed
accordingly save that the deduction is limited to eighteen thousand dollars
in respect of each spouse; Finance Act, 1989
Finance Act 1997
Finance Act 35 of 1998**
Act 91 of 2000**
Act 39 of 2000*
(4A) The deduction referred to in subsection (4) may be claimed by
each spouse where the spouses are joint owners and mortgagors or comortgagors
of the property, as if it were a deduction for expenses incurred
in the production of income. Finance Act 1997
Finance Act 35 of 1998**
Act 39 of 2000*
(5) Where in a year of income a person claims a deduction under subsection
(3) in respect of -
(a) land and improvements used by or on behalf of the owner, a
deduction shall not be allowed in the same year of income to that
person for any other land and improvements used by or on behalf
of the owner; or
(b) land and improvements thereon used rent-free by the occupier, a
deduction shall not be allowed in the same year of income to that
person for any other land and improvements used rent free by
the occupier. Finance Act, 1989
Amended by Finance Act 1992
26 (5A) Subject to subsection (5B)where in a year of income a person claims a
deduction under paragraph (a) or (b) of subsection (3), the deduction shall
not be allowed unless the person satisfies the Board that the taxes payable
in the year of income under the Land and Building Taxes Act or the
Municipal Corporation Act, in respect of the land and improvements
thereon used by or on behalf of the owner or used rent-free by the occupier
for residence have been paid for the year of income to which the claim
relates. Finance Act, 1994
Finance Act 1995
With effect from 1/1/94 Finance Act 35 of 1998
27 (5B) Notwithstanding subsection (5A), the deduction under subsection
(3) may be claimed by a person in computing his chargeable income for
26 BIR Note: Effective 1st January, 1994
*Effective 1 st January 2000
**Effective 1 st January 1999
27 BIR Note: Effective 1st January, 1995
BIR Mac Edition 91/01 Page 21