1964_INLAND_REVENUE_ORDINANCE — Page 102

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Inland Revenue

[CAP. 112

101

(b) there is an interval between the end of the basis period for the year of assessment ending on 31 March 1975 and the beginning of the basis period for the year of assessment ending on 31 March 1976, then, notwithstanding paragraph (b) of the definition of “basis period” in section 40(1), but subject to subsection (3), the initial allowance on capital expenditure provided under this Part shall, in respect of the year of assessment commencing on 1 April 1975, be made only on the higher of the capital expenditure incurred in the interval or in the second basis period referred to in paragraph (b) of this subsection.

(3) Where the amount of capital expenditure incurred in the interval and the second basis period referred to in subsection (1)(b) or (2)(b) is the same, the initial allowance shall be made only in respect of the capital expenditure incurred in the second basis period.

PART VII

PERSONAL ASSESSMENT

(Added 7 of 1975 s. 28)

40B. Interpretation

In this Part, unless the context otherwise requires-

"individual" does not include

(a) a wife unless she is a wife living apart from her husband; or (b) a person under the age of 18;

"joint total income" means joint total income calculated in accordance with section 42A.

41. Election for personal assessment

(Added 71 of 1983 s. 19)

(1) An individual being either a permanent or temporary resident may elect for personal assessment on his total income.

(2) Where an individual is deceased, a duly appointed executor shall have the same right to elect for personal assessment on the total income of the deceased as the deceased would have if he were alive. (Replaced 35 of 1965 s. 23. Amended 71 of 1983 s. 20)

(2A) Where

(a) a deceased individual, or his executor on his behalf, elected, or is deemed to have elected, to be personally assessed for the year of assessment in which the deceased died; and

(b) that individual was a partner in a partnership; and

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1989 Ed.] Inland Revenue [CAP. 112 101 (b) there is an interval between the end of the basis period for the year of assessment ending on 31 March 1975 and the beginning of the basis period for the year of assessment ending on 31 March 1976, then, notwithstanding paragraph (b) of the definition of “basis period” in section 40(1), but subject to subsection (3), the initial allowance on capital expenditure provided under this Part shall, in respect of the year of assessment commencing on 1 April 1975, be made only on the higher of the capital expenditure incurred in the interval or in the second basis period referred to in paragraph (b) of this subsection. (3) Where the amount of capital expenditure incurred in the interval and the second basis period referred to in subsection (1)(b) or (2)(b) is the same, the initial allowance shall be made only in respect of the capital expenditure incurred in the second basis period. PART VII PERSONAL ASSESSMENT (Added 7 of 1975 s. 28) 40B. Interpretation In this Part, unless the context otherwise requires- "individual" does not include (a) a wife unless she is a wife living apart from her husband; or (b) a person under the age of 18; "joint total income" means joint total income calculated in accordance with section 42A. 41. Election for personal assessment (Added 71 of 1983 s. 19) (1) An individual being either a permanent or temporary resident may elect for personal assessment on his total income. (2) Where an individual is deceased, a duly appointed executor shall have the same right to elect for personal assessment on the total income of the deceased as the deceased would have if he were alive. (Replaced 35 of 1965 s. 23. Amended 71 of 1983 s. 20) (2A) Where (a) a deceased individual, or his executor on his behalf, elected, or is deemed to have elected, to be personally assessed for the year of assessment in which the deceased died; and (b) that individual was a partner in a partnership; and
Baseline (Original)
1989 Ed.] Inland Revenue [CAP. 112 101 (b) there is an interval between the end of the basis period for the year of assessment ending on 31 March 1975 and the beginning of the basis period for the year of assessment ending on 31 March 1976, then, notwithstanding paragraph (b) of the definition of “basis period” in section 40(1), but subject to subsection (3), the initial allowance on capital expenditure provided under this Part shall, in respect of the year of assessment commencing on 1 April 1975, be made only on the higher of the capital expenditure incurred in the interval or in the second basis period referred to in paragraph (b) of this subsection. (3) Where the amount of capital expenditure incurred in the interval and the second basis period referred to in subsection (1)(b) or (2)(b) is the same, the initial allowance shall be made only in respect of the capital expenditure incurred in the second basis period. PART VII PERSONAL ASSESSMENT (Added 7 of 1975 s. 28) 40B. Interpretation In this part, unless the context otherwise requires- "individual" does not include (a) a wife unless she is a wife living apart from her husband; or (b) a person under the age of 18; "joint total income" means joint total income calculated in accordance with section 42A. 41. Election for personal assessment (Added 71 of 1983 s. 19) (1)—An individual being either a permanent or temporary resident may elect for personal assessment on his total income. Austr (2) `Where an individual is deceased a duly appointed executor shall have 43/89.12. the same right to elect for personal assessment on the total income of the deceased as the deceased would have if he were alive. (Replaced 35 of 1965 s. 23. Amended 71 of 1983 s. 20) (2A) Where (a) a deceased individual, or his executor on his behalf, elected, or is deemed to have elected, to be personally assessed for the year of assessment in which the deceased died; and (b) that individual was a partner in a partnership; and
2026-05-04 20:45:54 · Baseline
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1989 Ed.]

Inland Revenue

[CAP. 112

101

(b) there is an interval between the end of the basis period for the year of assessment ending on 31 March 1975 and the beginning of the basis period for the year of assessment ending on 31 March 1976, then, notwithstanding paragraph (b) of the definition of “basis period” in section 40(1), but subject to subsection (3), the initial allowance on capital expenditure provided under this Part shall, in respect of the year of assessment commencing on 1 April 1975, be made only on the higher of the capital expenditure incurred in the interval or in the second basis period referred to in paragraph (b) of this subsection.

(3) Where the amount of capital expenditure incurred in the interval and the second basis period referred to in subsection (1)(b) or (2)(b) is the same, the initial allowance shall be made only in respect of the capital expenditure incurred in the second basis period.

PART VII

PERSONAL ASSESSMENT

(Added 7 of 1975 s. 28)

40B. Interpretation

In this part, unless the context otherwise requires-

"individual" does not include

(a) a wife unless she is a wife living apart from her husband; or (b) a person under the age of 18;

"joint total income" means joint total income calculated in accordance with

section 42A.

41. Election for personal assessment

(Added 71 of 1983 s. 19)

(1)—An individual being either a permanent or temporary resident may elect for personal assessment on his total income.

Austr

(2) `Where an individual is deceased a duly appointed executor shall have 43/89.12. the same right to elect for personal assessment on the total income of the deceased as the deceased would have if he were alive. (Replaced 35 of 1965

s. 23. Amended 71 of 1983 s. 20)

(2A) Where

(a) a deceased individual, or his executor on his behalf, elected, or is deemed to have elected, to be personally assessed for the year of assessment in which the deceased died; and

(b) that individual was a partner in a partnership; and

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