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CHAPTER 75:01 - Inland Revenue Division

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Income Tax Act Mac 1<br />

Vol. 1<br />

at the time of construction in respect of that property exceeds two<br />

hundred and fifty thousand dollars; and<br />

(b) unless a certificate from the relevant authority is produced in<br />

support of the claim for exemption.<br />

(5) The certificate referred to in subsection (4)(b) shall certify -<br />

(a) the date of commencement of construction;<br />

(b) the date of completion of construction;<br />

(c) that the property is eligible for an income tax exemption under<br />

this section; and<br />

(d) the date of the initial sale of the property.<br />

(6) The relevant authority shall maintain a register of properties which<br />

qualify for an exemption under subsection (2) and may on request by<br />

a subsequent owner issue a certificate to him.<br />

(7) Sections 10, 11 & 12 have effect in relation to premiums and rents<br />

referred to in section 45A (2)(a) and gains or profits referred to in<br />

section 45A (2)(b) as if section 45A had not been enacted.<br />

Finance Act, 1993<br />

69 45B. A company that is in receipt of income or profits that are exempt<br />

from income tax under section 45A may, provided separate accounts are kept<br />

of such income or profits -<br />

Dividends paid out of profits exempted under Section 45A similarly exempted<br />

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

property, if the premiums and rents would be exempt from tax under the<br />

said section; or<br />

(b) within two years after the date of sale of the property, if the gains or<br />

profits would be exempt from income tax under the said section,<br />

distribute sums not exceeding in the aggregate the exempt income or profit<br />

to the members of the company and those sums when so distributed are<br />

exempt from income tax in the hands of the members of the company.<br />

46. In assessing the chargeable income of a person under this Act, the Board<br />

may, as a condition precedent to applying any of the provisions of sections<br />

42 to 45 to the assessment of income, require that person to produce a<br />

69 BIR Note: Effective 1st January, 1993<br />

BIR Mac Edition 91/<strong>01</strong> Page <strong>75</strong>

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