A426
Ord. No. 43/89
INLAND REVENUE (AMENDMENT) (NO. 3)
Amount of provisional salaries tax
INLAND REVENUE (AMENDMENT) (NO. 3)
Ord. No. 43/89 A427
21. Section 63C is amended—
(a) in subsection (1) by repealing paragraph (ii)(B) of the proviso and substituting— "(B) in the case of a husband and wife to whom section 63B(2) applies, the aggregate of their net assessable incomes for the preceding year of assessment as reduced by approved charitable donations provided for under section 12BA.";
(b) by repealing subsection (IA); and
(c) in subsection (6A) by repealing "section 42B" and substituting “Part V”.
Holding over of payment of provisional salaries tax
22. Section 63E is amended-
(a) in subsection (1) by repealing ", subject to subsection (5),”;
(b) in subsection (2)(a) by repealing “paragraph (b), (c) or (d) of section 42B(1)”
and substituting “Part V”; and
(c) by repealing subsection (5).
Provisional salaries tax to be applied against salaries tax
23. Section 63F(2) is repealed.
Objections
24. Section 64 is amended by adding after subsection (8) —–—
"(9) For the purposes of subsection (1) where a person is chargeable to salaries tax under section 10(3)(a), the spouse of that person, shall have, subject to this subsection, the same right to object as has the person assessed, but any such objection shall be limited to the manner in which the assessable income or net assessable income of such spouse is to be determined, the entitlement of such spouse to any allowance under Part V or other matters to which that spouse could have objected had that spouse been the person so chargeable.
(10) Where an objection to which subsection (9) applies is made—
(a) the powers of the Commissioner under subsection (2) shall include the power to annul such assessment and make an assessment against the person objecting;
(b) subsection (3) shall not apply but
(i) where the Commissioner agrees with both the spouse who has objected and his or her spouse as to the amount at which either of them is liable to be assessed, any necessary adjustment of the assessment shall be made; and
(ii) where the Commissioner fails to come to any such agreement as is referred to in subparagraph (i), such agreement shall be deemed to be a failure to agree for the purposes of subsection (4), and the reference in that subsection to the person objecting shall be construed as a reference to the person objecting under paragraph (a) and his or her spouse, with the consequence that either or both of them may appeal to the Board of Review.".
Husband and wife
25. Section 70B is amended by repealing "58A for separate" and substituting "41(1A) for personal".
Recovery of tax from wife
26. Section 75A is repealed.
Penalties for failure to make returns, making incorrect returns, etc.
27. Section 80 is amended by repealing "51(1)" wherever it appears and substituting "51(1) or (2A)”.
Additional tax in certain cases
28. Section 82A is amended by repealing “51(1)" wherever it appears and substituting "51(1) or (2A)”.
Section added
29. The following is added after section 88 ---
"Transitional provisions
89. The transitional provisions of the Fifth Schedule shall have effect in relation to the amendments made by the Inland Revenue (Amendment) (No. 3) Ordinance 1989 (43 of 1989).”.
Schedules substituted
30. The Fourth Schedule is repealed and the following substituted
"FOURTH SCHEDULE
ALLOWANCES
For the year of assessment 1989/90 and each year thereafter-
FIRST COLUMN (section)
1. Section 28 (basic allowance)——
(a) subsection (1)(a)
(b) subsection (1)(b), being the first
reference to the prescribed amount
SECOND COLUMN
[s. 27(3)]
(the prescribed amount or percentage)
$32,000
$7,000
(c) subsection (1)(b), being the references to the prescribed amount in subpara- graphs (i) and (ii)
$39,000
(d) subsection (1)(b), being the prescribed
percentage
10%
2.
Section 29 (married person's allowance)
(a) subsection (3)(a)
$66,000
(b) subsection (3)(b), being the first
reference to the prescribed amount
$14,000