Amendment
of Ordio- anco No. 13 of 1840, . 11 (3).
Amendment
of Ordio- ance No.
33 of 1940,
¤. 18.
Amendment
of Ordio- 18 of 1040,
B. 45.
2
(c) if the recipient resides in the Colony for a portion of the preceding year, but for the whole of the year of assessment, the assessable income shall be a proportionate multiple of the income of the preceding year;
(4) if the recipient resides in the Colony for a portion: only of each year the assessable income shall be calculated by increasing or decreasing the income of the previous year so that it shall proportionately represent the period of residence during the year of assessment;
(e) if the recipient does not reside in the Colony during, the year of assessment no assessment shall be made for that year;
() if the recipient resides in the Colony for the whole or a portion of the year of assessment, but with no income of the previous year on which to base a practicable assess- ment, a special assessment shall be made on the basis of the probable income of the recipient during the period of his residence in the year of assessment.
(2) For the purposes of this section→→
(c) absence from the Colony on leave pay or pension during a year of assessment shall be deemed to be residence in the Colony unless the income payable in respect of that leave pay or pension is liable to Income Tax in the United Kingdom or in any other part of the British Empire;
(b) any periods of temporary residence in the Colony not exceeding in all three months during a year of assessment shall not be regarded as residence in the Colony.
4. Sub-section (3) of section 11 of the principal Ordin- auce is amended by the insertion of the words "and of the exemption under paragraph (iii) of the proviso to section 8” after the words allowances under this section ".
5. Section 18 of the principal Ordinance is amended-
(a) by the insertion of the words "computed, where between the words "shall be practicable, ou
** and
is the full amount in the third line of sub-section (1);
(6) by the addition after sub-section (4) thereof of the following new sub-section:
(5) Where, by reason of the fact that any trade, pro- fession or business has not been carried on during the whole or a sufficient portion of the year preceding the year of assessment, or where otherwise it is in the opinion of the Commissioner impracticable to make a reasonable computa- tion based on the profits during the year preceding the year of assessment, a special assessment shall be made on the basis of the probable profits during the year of assessment.
6. Section 46 of the principal Ordinance is amended by the addition of the following sub-section at the end thereof:-
(0) Notwithstanding anything contained in the previous sub-sections of this section the Commissioner may agree to accept payment of tax by instalments in any case in which it may appear to him that payment of the tax in a single amount will result in hardship.
7. The principal Ordinance is amended by the addition Now section
of the following section at the end thereof :-
63 added to Ordinance No. 13 of 1940.
power of
02. The Governor in Council may by Order exempt any General person, office or institution from payment of the whole or any over in portion of any tax chargeable under this Ordinance.
Council to AIDmpt.
operation of
8. The Amendments effected by this Ordinance and by Retro- Ordinance No. 21 of 1940 shall operate retrospectively to pestive the commencement of the principal Ordinance and any pay- amendments, ment that may have been made in excess of the payment authorized by the principal Ordinance as so amended shall be refunded.
Passed the Legislative Council of Hong Kong, this 12th day of September, 1940.
Damans
Deputy Clark of Councils,