1964_INLAND_REVENUE_ORDINANCE — Page 136

1989 Ed.]

Inland Revenue

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(b) included in a notice of assessment to salaries tax. (Amended 7 of

1975 s. 37)

(2) (Repealed 7 of 1975 s. 37)

63E. Holding over of payment of

provisional salaries tax

(Added 8 of 1973 s. 13)

(1) Where, in relation to any year of assessment, a person is liable to pay provisional salaries tax, he may subject to subsection (5), by notice in writing 43/29

lodged with the Commissioner not later than 14 days before the day by which the provisional salaries tax is to be paid, apply to the Commissioner on any of the grounds specified in subsection (2) to have the payment of the whole or part of such tax held over until he is required to pay salaries tax for that year of assessment or, in the case of an application on the ground set out in sub- section (2)(d), until-

(a) the determination of the objection or settlement thereof under

section 64(3);

(b) he is required to pay salaries tax for that year of assessment, whichever is the sooner. (Amended 7 of 1975 s. 38; 71 of 1983 s. 32)

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

(a) that the person assessed to provisional salaries tax has become entitled during the year of assessment to an allowance under fart v section 42B(1)(b), (c) or (d), which allowance was not taken into account in the ascertainment of his net 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; (Amended 33 of 1973 s. 4; 79 of 1978 s. 3)

(b) that the net chargeable income during the year of assessment of

the person assessed to provisional salaries tax is, or is likely to be, less than 90% of the net chargeable 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; (Amended 7 of 1975 s. 38)

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

(d) that the person assessed to provisional salaries tax has objected under section 64 to his assessment to salaries tax for the year preceding the year of assessment. (Added 7 of 1975 s. 38)

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

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