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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 />

Companies Ordinance, by means of a prospectus where the issue of such<br />

securities had been approved by the Minister after being satisfied -<br />

Ch.31 No.1<br />

(a) as to the period within which and the price at which such<br />

securities may be converted into shares of the company;<br />

(b) as to the rate of interest payable on such securities;<br />

(c) as to the total value of such securities in relation to the issued<br />

share capital of the company;<br />

(d) as to the absence of any control by the company over the<br />

transfer ability of such securities;<br />

(e) that in the issue of such securities preference was given to<br />

citizens of Trinidad and Tobago and to bodies of persons<br />

established in Trinidad and Tobago; and<br />

(f) of such other matters as he thinks fit.<br />

79 (3) Notwithstanding subsection (2), any interest paid during the period<br />

commencing on the 1st day of January 1971 and ending on the 31st day of<br />

December 1973, on securities referred to in that subsection, shall be<br />

deemed to be a distribution for the purposes of the dividend income<br />

allowance provided by section 56.<br />

(4) In sub-paragraph (1)(d)(iv), a body corporate shall be deemed to be a<br />

subsidiary of any other body corporate if and so long as not less than half<br />

its share capital of all classes of stock, or half of the total combined voting<br />

power in respect of all classes of that stock is owned by that other body<br />

corporate, whether directly or through any other body corporate, or other<br />

bodies corporate, or partly through any other body corporate or other<br />

bodies corporate.<br />

(5) Where on a transfer of assets or liabilities by a company to its<br />

members or to a company by its members the amount or value of the<br />

benefit received by a member (taken according to its market value)<br />

exceeds the amount or value (so taken) of any new consideration given by<br />

him, the company shall be treated as making a distribution to him of an<br />

amount equal to the difference.<br />

(6) Where, after the first day of January 1966 a company -<br />

(a) repays any share capital, or has done so at any time after the<br />

commencement of the accounting period for the year of income<br />

1966; and<br />

79 BIR Note: Effective 1st January 1971.<br />

BIR Mac Edition 91/<strong>01</strong> Page 80

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