INLAND REVENUE (AMENDMENT) (NO. 3)
SECOND COLUMN
A428
Ord. No. 43/89
FIRST COLUMN
(section)
(c) subsection (3)(b), being the references to the prescribed amount in subpara- graphs (i), (ii) and (iii)
(d) subsection (3)(b), being the prescribed
percentage
4.
(the prescribed amount or percentage)
$80,000
10%
3.
Section 30 (dependent parent allowance)——
(a) subsection (3)(a)
$11,000
(b) subsection (3)(b)
(c) subsection (4)(a)
$3,000
$1,200
4.
Section 31 (child allowance)—
(a) subsection (1)
(b) subsection (5)
5.
Section 32(1) (single parent allowance)
2.
3.
(i) $13,000 for the first child
(ii) $9,000 for the second child
(iii) $3,000 for the third child
(iv) $2,000 each for the fourth, fifth and
sixth child
(v) $1,000 for each subsequent child
$34,000
$20,000
FIFTH SCHEDULE
[s. 89]
TRANSITIONAL PROVISIONS RELATING TO THE INLAND REVENUE (AMENDMENT) (No. 3) ORDINANCE 1989
In this Schedule-
"amending Ordinance" means the Inland Revenue (Amendment) (No. 3) Ordinance
1989 (43 of 1989);
"tax" means salaries tax and tax under a personal assessment under Part VII;
"1989 tax year" means the year of assessment commencing 1 April 1989; and reference to
other tax years shall be construed in an analogous manner.
No assessment to tax in respect of the 1989 tax year made prior to 1 April 1990 shall be variable after 1 April 1990 by the Commissioner by reason of the amendment to the Ordinance by the amending Ordinance save under and in accordance with this Schedule and, until and unless such variation takes place, the correctness or otherwise of such assessment or anything done by the Commissioner in relation thereto shall be determined by the provisions of this Ordinance as they were at the time that the assessment was made notwithstanding the application of the amending Ordinance to the 1989 tax year.
Where the person charged by an assessment to which paragraph 2 relates or his wife (not being a wife living apart from her husband) derives assessable income in respect of the 1989 tax year subsequent to the date of the assessment then, if such income if taken into account prior to the commencement of the amending Ordinance would have increased the amount payable under such assessment, nothing in Part XI shall prevent an assessor from making an assessment or additional assessment for the 1989 tax year which gives effect to the provisions of this Ordinance as amended by the amending Ordinance.
5.
6.
INLAND REVENUE (AMENDMENT) (NO. 3)
Ord. No. 43/89
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Where a person has been assessed to tax by such an assessment as is described in paragraph 2 and either he or his wife (not being a wife living apart from her husband) derives assessable income in respect of the 1989 tax year prior to the date of the assessment which was not included in that assessment, then the amending Ordinance shall not apply to that income which shall be assessable to tax as if that Ordinance had not been enacted except that such income may be taken into account in the event of an assessment or additional assessment under paragraph 3.
Notwithstanding the repeal of sections 13(2), 58A and 63C(1A) (the repealed provisions), where any lump sum payment to which proviso (i) to section 11D(b) relates is received on or after Í April 1989 but before 1 April 1992 and is related back under that proviso to the 1988 tax year or any previous year of assessment on the application of the person entitled to claim, then that person and his or her spouse shall be deemed to have elected to be separately assessed in relation to any tax chargeable on such sum in accordance with section 58A as it applied prior to such repeal and the repealed provisions shall apply accordingly with the effect that, subject to those provisions, the person making the application under that provision shall be solely chargeable to tax upon that sum.
Where a person, not being a person to whom section 63C(1A), prior to its repeal by the amending Ordinance then applied, has been assessed to provisional salaries tax for the 1989 tax year in respect of income derived by him and his wife, then the provisional salaries tax paid in pursuance of such assessment shall be applied--
(a) firstly in payment of the salaries tax payable by that person for the 1989 tax year; (b) secondly, in payment of the provisional salaries tax payable by that person for
the 1990 tax year;
(c) thirdly, in payment of the salaries tax payable by his wife for the 1989 tax year; (d) fourthly, in payment of the provisional salaries tax payable by his wife for the
1990 tax year,
and any tax paid which cannot be so applied shall be refunded to the person paying it.".
Passed by the Hong Kong Legislative Council this 19th day of July 1989.
LAW Kam-sang, Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang, Clerk to the Legislative Council.