CO129-615-2 Income tax 10-3-1947 - 6-2-1948 — Page 226

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are improbable, he may in his discretion exempt the profits of such ship or aircraft from the provisions of this section, and thereupon such profits shall be treated as if they do not arise in the Colony.

(3) The master of any ship or aircraft owned or chartered by a person whose profits are calculated under the provisions. of this section shall (though not to the exclusion of any other agent) be deemed the agent of such person for all the purposes of the Ordinance.

50. (1) If the Goveror in Council by Order declares that arrangements specified in the Order have been made with the Government of any territory outside the Colony with a view to affording relief from double taxation in relation to income tax and any tax of a similar character imposed by the laws of that territory, and that it is expedient that those arrangements should have effect, the arrangements shall have effect in relation to tax under this Ordinance notwithstanding anything in any enactment.

(2) On the making of an Order under this section with respect to arrangements relating to the United Kingdom, Section 45 of this Ordinance shall cease to have effect except in so far as the arrangements otherwise provide.

(3) On the making of an Order under this section with respect to arrangements relating to any territory forming part of His Majesty's dominions (other than the United Kingdom or this Colony), Section 46 of this Ordinance shall cease to have effiect as respects that territory except in so far as the arrangements otherwise provide.

(4) Any Order made under this section may be revoked by a subsequent Order.

(5) Where any arrangements have effect by virtue of this Section, the obligation as to secrecy imposed by section four of this Ordinance shall not prevent the disclosure to any authorised officer of the government with which the arrange- ments are made of such information as is required to be disclosed under the arrangements.

(6) The Governor in Council may make rules for carrying out the provisions of any arrangements having effect under this section.

Double taxation arrangements

51. The provisions of this Section shall have effect Tax credits where, under arrangements having effect under Section 50 of this Ordinance, tax payable in respect of any income in the territory with the Government of which the arrangements are made is to be allowed as a credit against tax payable in respect of that income in the Colony; and in this Section the expression "foreign tax" means any tax payable in that territory which under the arrangements is to be so allowed and the expression "tax" means tax chargeable under this Ordinance.

(2) The amount of the tax chargeable in respect of the income shall be reduced by the amount of the credit:

Provided that credit shall not be allowed against tax for any year of assessment unless the person entitled to the income is resident in the Colony for that year.

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