1973-HKRS28-16-21_Part01 — Page 29

Provisional salaries tax to be applied against

salaries lax.

be paid, apply to the Commissioner on any of the grounds specified in subsection (2) to have the pay. ment of the whole or part of such tax held over until he is required to pay salaries tax for that year of assessment.

are...

(2) The grounds referred to in subsection (1)

(a) that the person assessed to provisional salaries tax has become entitled during the year of assessment to an allowance under paragraph (8). (c) or (g) of section 42B(). which allowance was not taken into account in the ascertainment of his not chargeable income for the year preceding the year of assessment or in estimating the sum in respect of which such person is liable to pay provisional salaries tax;

(b) that the act chargeable income during the year of assessment of the person assessed to provisional salaries tax is, or is likely to be. less than eighty per cent of the net charge- able income for the year preceding the year of assessment or of the estimated sum in respect of which such person is liable to pay provisional salaries tax;

(c) that the person assessed to provisional salaries tax has ceased, or will before the cod of the year of assessment cease, to derive income chargeable to salaries tax.

(3) On receipt of an application under sub- section (1), the Commissioner shall consider the same and may bold over the payment of the whole or part of the provisional salaries tax.

(4) The Commissioner shall, by notice in writing. inform the person applying under subsection (1) of his decision.

63F. (1) When any person has paid provisional salaries tax in respect of any year of assessment and the Commissioner has made an assessment of salaries tax in respect of the net chargeable income of that person for that year of assessment, the Commissioner

LI

shall apply the amount of provisional salaries tax so paid in payment first of-

(a) the salaries tax payable by that person for

that year of assessment; then

(b) the provisional salaries tax payable in respect of the year of assessment succeeding that year of assessment,

and shall refund to the person paying the provisional salaries tax the amount of the provisional salaries tax not so applied.

(2) If at any time in any year of assessment a person was married to a wife whose income was deemed under section 10 to be the income of that individual, any provisional salaries tax paid by the wife in respect of that income shall be applied by the Commissioner in payment of the salaries tax payable by the person for the year of assessment in which the marriage took place.".

14. (1) Notwithstanding section 63C of the principal Transitional, Ordinance, provisional salaries tax in respect of the year of assessment commencing on the 1st April 1973 shall be payable at the rates specified in the Second Schedule to the principal Ordinance for that year of assessment by reference to the amount of income arising in or derived from the Colony during the year commencing the 1st April 1972 computed in accordance with Part III of the principal Ordinance less the outgoings, expenses and allowances provided for in section 12 of the principal Ordinance.

(2) Notwithstanding section 63C of the principal Ordinance, where a person commenced to derive income from a source within the year of assessment commencing on the 1st April 1972, an assessor may estimate the sum in respect of which such person is liable to pay provisional salaries tax for the year of assessment commencing on the 1st April 1973.

Passed by the Hong Kong Legislative Council this 31st day of January, 1973.

Clerk to the Legislative Council.