1973-HKRS28-16-21_Part01 — Page 28

Amendment of section 43.

11.

(a)

Amendment of section $1.

Addition of new Part XA.

assessment commencing on the 1st April 1973 and each year of assessment thereafter, are mude during the year of assessment by the individual or his wife, not being a wife living apart from her husband”.

Section 43 of the principal Ordinance is amended-

in subsection (1)—

6) by deleting the colon after "Schedule" and sub- stituting a full stop:

(ii) by deleting the proviso;

(b) in subsection (2) by deleting "business".

12. Section 51(1) of the principal Ordinance is amended by deleting "and V" and substituting the following-

“V and XA”.

13. The principal Ordinance is amended by adding, after Part X, the following new Part-

Liability for provisional salaries tax.

Amount of provisional aalarica tax.

Second Schedule.

"PART XA.

PROVISIONAL SALARIES TAX

638. Every person who is chargeable to salaries tax under Part III in respect of the year of assessment commencing on the 1st April 1973 or any succeeding year of assessment shall be liable to pay provisional salaries tax in respect of that year of assessment in accordance with this Parl.

63C. (1) Subject to subsections (2) and (3), provisional salaries tax in respect of any year of assessment shall be payable at the rates specified in the Second Schedule for that year of assessment by reference to the amount of the net chargeable income calculated in accordance with section 12, for the year preceding the year of assessment.

(2) If a person commences to derive income from a source on a day within a year of assessment commencing on or after the 1st April 1973, an assessor may estimate the sum in respect of which such person is liable to pay provisional salaries tax in that year and the succeeding year of assessment. (3) If a person ceases to derive income from a source within a year of assessment commencing on or after the 1st April 1973, an assessor may estimate

Demands for provi- sional

Galaries tax.

Holding over of payment of provisional saluries tax.

7

the sum in respect of which such person is liable to pay provisional salaries tax for that year of assess- ment and for the year preceding that year of assess-

ment.

(4) If a person is liable to pay provisional salaries tax, an assessor shall, as soon as may be after the expiration of the time limited by the notice requiring that person to furnish a return under section 51(1), assess the amount of the provisional salaries tax which he is liable to pay.

(5) Notwithstanding subsection (4), an assessor may assess the amount of provisional sularies tax which any person is liable to pay if he is of the opinion that the person is about to leave the Colony or that for any other reason it is expedient to do so.

(6) When an assessor has assessed the amount of provisional salaries tax which a person is liable to pay, the Commissioner shall give a notice to that person stating the amount of provisional salaries tax to be paid, and such due date for payment thereof as may be fixed by the Commissioner.

(7) For the purposes of Part XII, provisional salaries tax shall be deemed to be a tax charged under the provisions of this Ordinance and a notice under subsection (6) shall be deemed to be a notice of assessment.

63D. (1) In any year of assessment, a notice for payment of provisional salaries tax may be

(a) given separately to any person liable to pay

provisional salaries jan; or

(b) included in the notice of assessment to

salaries tax.

(2) A person to whom a notice for payment of provisional salaries tax has been given under section 63C may object thereto in accordance with section 64 to the extent that his objection concerns the ascertainment of his net chargeable income for the year preceding the year of assessment.

63E. (1) Where, in relation to any year of assessment, a person is liable to pay provisional salaries lax, he may, by notice in writing lodged with the Commissioner not later than fourteen days before the day by which the provisional salaries tax is to