A 8
[Subsidiary]
CAP. 112]
Inland Revenue Rules
[1986 Ed.
(5) In any case not covered by paragraph (2) or (4), the capital element of any annuity payment shall be such proportion of such payment as the Commissioner, having regard to paragraph (2) and to the contingencies affecting the annuity, considers on reasonable grounds to be just.
(6) This rule shall be construed subject to the following provisions--
(a) no apportionment to capital shall be made in respect of any consideration given by a person other than the annuitant, or his or her spouse; and
(b) any premium or portion of a premium which has been allowed as a deduction under section 42B of the Ordinance, shall be excluded from the amount of the consideration.