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CHAPTER 75:01 - Inland Revenue Division

CHAPTER 75:01 - Inland Revenue Division

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Corporation Tax Act Mac 1<br />

Vol. 1<br />

in relation to any mortgage loan that it buys from an approved mortgage<br />

company. Amended by Act No.18 of 1989<br />

(2) Notwithstanding subparagraph (1) or paragraph 4A(1) that relate to the<br />

taxes with respect to which the profits of the Home Mortgage Bank or the<br />

debenture holders of the Home Mortgage Bank are exempt, the terms of<br />

the agreement mentioned in subparagraph (1) may limit the taxes from<br />

which the Home Mortgage Bank or the debenture holders of the Home<br />

Mortgage Bank are exempt.<br />

(3) Notwithstanding the termination of the agreement between the Home<br />

Mortgage Bank and the Government referred to in subparagraph (1), the<br />

exemptions granted to the Home Mortgage Bank by reason of that<br />

subparagraph shall apply in respect of any mortgage loan granted by an<br />

approved mortgage company which the Minister certifies was sold to the<br />

Home Mortgage Bank prior to the date of termination.<br />

2. An approved mortgage company that is exempt from corporation tax<br />

under paragraph 1(1) may, within a period commencing on the date of the<br />

mortgage or loan agreement and ending two years after the date on which<br />

the repayment of the principal sum borrowed is completed, where the<br />

income is in respect of interest and service charge exempt from tax under<br />

section 42(2)(d) of the Income Tax Act, distribute sums not exceeding the<br />

exempt interest and service charge to the members of the company and<br />

these sums when so distributed are exempt from income or corporation tax<br />

in the hands of the members of the company. Amended by Act No.18 of 1989<br />

3. (1) In this paragraph, "company" means a company limited by shares<br />

within the meaning of the Companies Ordinance.<br />

Ch.31 No.1<br />

(2) A company that is in receipt of income or profits that are exempt from<br />

corporation tax under section 42(2)(b), (c) or (e) of the Income Tax Act<br />

may -<br />

(a) within twelve years after the date of completion of construction<br />

of the newly constructed house, if the premiums and rents would<br />

be exempt from corporation tax under the said section 42(2)(b);<br />

(b) within two years after the date of sale of the newly constructed<br />

house, if the gains or profits would be exempt from corporation tax<br />

under the said section 42(2)(c); or<br />

(c) within a period commencing on the date of the mortgage and<br />

ending two years after the date on which the repayment of the principal<br />

sum borrowed is completed, if the interest and service charge<br />

would be exempt from corporation tax under the said section<br />

42(2)(e),<br />

BIR Mac Edition 91/<strong>01</strong> Page 238

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