NO. 4 OF 1967
FINANCE ACT 1967


SCHEDULE 3. Amendment to the Inland Revenue Ordinance, 1960 (Sarawak No. 13 of 1960)

5. The following new Sixth Schedule shall be included In the Ordinance:


"SIXTH SCHEDULE

(Section 108)

DEVELOPMENT TAX


PART I


1. The development income of a corporation for a year of assessment shall be the amount of its assessable profits, ascertained under Part IV of this Ordinance, for that year, or where the corporation is carrying on two or more trades, professions or businesses, or any combination thereof, its assessable profits or losses so ascertained for any year of assessment shall be aggregated and if those profits exceed those losses the amount of the excess shall be its development income for that year.

2. The amount of the development tax payable by a corporation for a year of assessment shall be the greater of the following amounts:

(i) an amount to be computed at the rate of five per centum of every dollar of its development income for that year, or


3. Where a corporation has a development source at any time in a year of assessment but no development income for that year, it shall be assessed to development tax for that year in an amount of five hundred dollars.


4. In this Part of the Schedule any reference to a person is to a person other than a corporation.


5. (1) For the purposes of section 108 of this Ordinance and of this Part and subject to the proviso to section 108 (2), so
long as a person is entitled to any rent or premium in respect of any property situated in Sarawak and any such rent or
premium does not form part of any profits or loss for the purposes of section 19 of this Ordinance, he shall be deemed to
be carrying on a business in Sarawak and any such rent or premium accruing to him in a year preceding a year of
assessment shall be treated as profits of his from that business and his assessable profits or loss from that business
shall be ascertained under Part IV of this Ordinance for any year of assessment.

(2) Where this paragraph applies to a person for a year assessment and if but for a loss incurred by him he would have had assessable profits ascertained as aforesaid he shall be treated as having a development source in that year for the purposes of section 108 of this Ordinance and of this Part of this Schedule.

6. The development income of a person for a year of assessment shall be the amount of his assessable profits, either ascertained under Part IV of this Ordinance or ascertained in accordance with the provisions of paragraph 5 of this Part of this Schedule for that year, or where a person is carrying on two or more trades, professions or businesses (including any business which under the provisions of paragraph 5 of this Part he is deemed to be carrying on) or any combination thereof, his assessable profits or losses so ascertained for any year of assessment shall be aggregated and if those profits exceed those losses the amount of the excess shall be his development income for that year.

7. (1) Subject to the provisions of this Part of this Schedule, the amount of development tax payable for a year of assessment shall be-

(c) in the case of an individual who at any time in the basis period for that year was a partner in any partnership and

who-

(2) In this paragraph the partnership development income of an individual for a year of assessment means that part of his development income for that year which bears the same proportion to that development income as his assessable profits under section 33 (1) for that year bears to his aggregate assessable profits for that year.

8. Where a person other than individual has a development source at any time in a year of assessment but no development income for that year, shall be assessed to development tax for that year in an amount of one hundred dollars.

9. (1) If at any time in a year of assessment a wife is living with her husband, then for that year any references in this Schedule to his rent, to his premium, to his profits, to his assessable profits, to his loss, to his development income, to his development source, to his property, to his premises, to his residence, to his trade, to his profession or to his business, may be taken to include her rent, her premium, her profits, her assessable profits, her loss, her development income, her development source. her property, her premises, her residence, her trade, her profession or her business respectively:

Provided that that part of the development tax assessed upon the husband for that year in accordance with this paragraph which bears the same proportion to such development tax as his wife's share of his development income (computed in accordance with this paragraph) for that year bears to such development income, may, if not previously recovered from the husband, be recovered from the wife, notwithstanding that no assessment to development tax has been made upon her for that year.

(2) Where a husband and his wife have been assessed separately to development tax for a year of assessment whether before or after the wife was living with her husband in that year or before or after they were married in that year and thereafter sub-paragraph (1) of this paragraph is applied to the husband for that year, all such additional assessments to development tax or repayment of develop-ment tax shall be made as may be necessary in consequence of the application of that sub-paragraph to the husband.

10. Where a person other than an individual has one or more development sources in a year of assessment each of which exists for a period of less than twelve months in that year, and the aggregate period of existence of such sources in that year is less than twelve months, the minimum amount of development tax payable by him under paragraph 2 (ii), 3, 7 (1) (a) (ii) or 8 shall be reduced by multiplying that amount by the number of days in the aggregate period and dividing the result by the number of days in the year of assessment.


11. The provisions of this Ordinance specified in the first column shall, to the extent specified opposite thereto in the second column, be disregarded so far as development tax is concerned.


FIRST COLUMN
SECOND COLUMN
Provision of law
Extent to which provision to be disregarded
Section 19
Subsection (2)
Section 27
The whole.
Section 43
The whole.
Section 47A
The whole.
Section 58A
The whole.
12. The provisions of this Ordinance specified in the first column hereunder shall apply in accordance with the provisions of section 108 with the modifications specified opposite thereto in the second column.



FIRST COLUMN
SECOND COLUMN
Provision of law
Modification
Section 75
For the words 'assessable profits or chargeable profits' appearing in sub-section (1), substitute the words 'assessable profits, chargeable profits, development income or where there is no development income, development source'.
Section 77
After the words 'the amount of' every time they appear in the section, insert the words 'the tax or'.
Section 104 After the words '''Interest Tax"', insert the words' "Development Tax" '."


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