1971-HKRS30-16-30_Part05 — Page 56

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1953 at the University Press, Cambridge, for the Institute of Actuaries and the Faculty of Actuaries entitled The a(55) Tables for Annuitants in the United Kingdom, without discounting any payment for the time to elapse between the date when the first payment begins to accrue and the date on which payment is made.

(4) In the case of an annuity payable for a term of years certain the capital element shall be obtained by dividing the total amount or value of the considera- tion for the annuity by the number of years in the term; and the excess of the annuity over the amount so obtained shall be deemed to be interest chargeable to interest tax.

(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 Commis- sioner, 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 considera- tion.".

Dated this 17th day of June 1971.

J.J. COMPERTHWAITE

Chairman.

G. M. MACWHINNIE,

Member.

P. C. Woo. Member.

D. W. A. BLYE,

Member.

Explanatory Note.

(This Note is not part of the rules, but is intended to indicate their general purport).

Rule 6 of the principal rules is revoked and replaced in modern form. The new rule implements the recommendations of the Inland Revenue Ordinance Review Committee concerning the determination of the interest element of a purchased annuiry and the substitution of a reference to the tables now used in the United Kingdom for the determİNA- tion of annuity payments for the existing table to rule 6, which is now out of date,

稅務條例(即香港法例第一一二章) 一九七一年稅務(訂)規則

註釋

(本文並非战到之任何部份,而暫係以精確跟規則之大悲坛目的。

本規則將原有說則第六款推断而代之以列合静宜之條文規定,您新訂規智在 施嚵案例檢討委員會之建議,該曦泰關於帶群之年金中之利息與常之定問 關,並提供現時聯合王國所使用之年金支付顜計算,以代第六款內日屬不合時 宜之現有計算。