08of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
INLAND REVENUE (AMENDMENT)
ACT, No. 8 OF 2014
[Certified on 24th April, 2014]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of April 25, 2014
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 45.00 Postage : Rs. 20.00
Inland Revenue (Amendment) Act, 8 of 2014 1
[Certified on 24th April, 2014]
L.D.—O. 5/2014
AN ACT TO AMEND THE INLAND REVENUE ACT, NO. 10 OF 2006
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Inland Revenue Short title and
(Amendment) Act, No. 8 of 2014, and shall be deemed the date
of operation.
for all purposes to have come into operation on
April 1, 2014.
2. The Inland Revenue Act, No. 10 of 2006 (hereinafter Amendment
of Act, No. 10
referred to as the “principal enactment”) as last amended by
of 2006.
Act, No.18 of 2013 is hereby further amended as follows:-
(1) by the substitution for the words “Senior Deputy
Commissioner-General” wherever such words occur
in the principal enactment, of the words “Additional
Commissioner-General”;
(2) by the substitution for the word “Commissioner”
wherever such word occurs in the principal
enactment, of the words “Senior Commissioner”;
(3) by the substitution for the words “Deputy
Commissioner” wherever such words occur in the
principal enactment, of the word “Commissioner”;
(4) by the substitution for the words “Senior Assessor”
wherever such words occur in the principal
enactment, of the words “Deputy Commissioner or
Senior Deputy Commissioner”; and
(5) by the substitution for the word “Assessor”
wherever such word occurs in the principal
enactment, of the words “Assessor or Assistant
Commissioner”.
2—PL 008093—2900 (03/2014)
2 Inland Revenue (Amendment) Act, 8 of 2014
Amendment of 3. Section 7 of the principal enactment as last amended
section 7 of the by Act, No. 18 of 2013 is hereby further amended as follows:-
principal
enactment.
(1) in paragraph (b) of that section –
(a) by the substitution in sub-paragraph (lxviii),
for the words and figures “Companies Act,
No. 17 of 1982; and”, of the words and figures
“Companies Act, No. 17 of 1982;”;
(b) by the substitution in sub-paragraph (lxix),
for the words “the circulars issued by such
Ministry.”, of the words “the circulars issued
by such Ministry;”; and
(c) by the addition, immediately after sub-
paragraph (lxix), of the following new sub-
paragraphs:-
“(lxx) the National Enterprise
Development Authority established
under the National Enterprise
Development Authority Act, No. 17
of 2006;
(lxxi) the Sri Lanka Institute of Marketing
incorporated under the Sri Lanka
Institute of Marketing
(Incorporation) Act, No. 41 of 1980;
(lxxii) the Institute of Physics, Sri Lanka
incorporated under the Institute of
Physics, Sri Lanka (Incorporation)
Act, No. 12 of 1986;”; and
(lxxiii) the Lionel Wendt Memorial Fund
incorporated under section 114 of
the Trusts Ordinance (Chapter 87).”;
(2) by the substitution in paragraph (k) of that section,
for the words ''for such year of assessment", of the
words ''for the year of assessment immediately
preceding such year of assessment";
Inland Revenue (Amendment) Act, 8 of 2014 3
(3) by the substitution in paragraph (l) of that section,
for the words and figures “the Monetary Law Act
(Chapter 422).”, of the words and figures “the
Monetary Law Act (Chapter 422);”; and
(4) by the addition immediately after paragraph (l) of
that section, of the following new paragraph :-
“(m) the profits and income of any institution,
established on or after April 1, 2013, by
relocating in Sri Lanka the headquarters
or regional head offices of institutions in
the international network, as specified by
the Commissioner-General by Notice
published in the Gazette.”.
4. Section 8 of the principal enactment as last amended Amendment of
by Act, No. 18 of 2013 is hereby further amended in section 8 of the
principal
subsection (1) of that section as follows:-
enactment.
(1) by the substitution in paragraph (s) of that
subsection, for the words “any allowance paid in
lieu of the provision of such vehicle,”, of the words
“the aggregate of any allowance paid in lieu of the
provision of such vehicle and the value of any
transport facility as may be specified by the
Commissioner-General by Order published in the
Gazette,”;
(2) by the substitution in paragraph (w) of that
subsection, for the words “not resident in Sri Lanka.”,
of the words “not resident in Sri Lanka;”; and
(3) by the addition immediately after paragraph (w) of
that subsection, of the following new paragraph:-
“(x) the profits and income not exceeding forty
eight thousand rupees for any year of
assessment, if the aggregate of such profits
and income is not more than forty eight
thousand rupees other than any
employment income or any profits and
income which is taxable at source as final
4 Inland Revenue (Amendment) Act, 8 of 2014
tax, of any individual who is an employee
and who is not engaged in any trade,
business, profession or vocation, if tax is
deducted from his employment income for
that year of assessment.”.
Amendment of 5. Section 9 of the principal enactment as last amended
section 9 of the by Act, No. 18 of 2013 is hereby further amended as follows:-
principal
enactment.
(1) by the substitution in paragraph (a) of that section,
for all the words from “to the Government of Sri Lanka” to
the words, “to any other undertaking,”, of the words “to any
person or partnership in Sri Lanka, notwithstanding whether
such company, partnership or body of persons has a
permanent establishment or any business connection in Sri
Lanka,”; and
(2) by the substitution in paragraph (k) of that section,
for the words “Treasury Bond Investment External Rupee
Account;”, of the words “Securities Investment Account;”.
Amendment 6. Section 10 of the principal enactment as last amended
of section 10 by Act, No. 8 of 2012 is hereby further amended in subsection
of the principal
enactment. (1) of that section as follows :-
(1) by the substitution in the proviso to paragraph (k)
of that subsection, for the words “within one year
thereafter.”, of the words “within one year
thereafter;”; and
(2) by the insertion immediately after paragraph (k) of
that subsection, of the following new paragraph :-
“(l) any dividend paid to a shareholder of a
company out of such dividend as is
referred to in paragraph (j), received by
that company, if the first mentioned
dividend is paid within three months of
the receipt of the second mentioned
dividend by that company.”.
Inland Revenue (Amendment) Act, 8 of 2014 5
7. Section 13 of the principal enactment as last amended Amendment of
section 13 of the
by Act, No. 18 of 2013 is hereby further amended as follows:-
principal
enactment.
(1) by the insertion immediately after paragraph
(yyyyyyy) of that section, of the following new
paragraph :-
“(yyyyyyyy) the profits and income of any person
resident in Sri Lanka who acquires
any internationally recognized
intellectual property on or after April
1, 2014 and who earns profits and
income by way of royalty out of
such intellectual property, if such
royalty is received in foreign
currency and remitted to Sri Lanka
through a bank;”; and
(2) by the insertion immediately after paragraph
(zzzzzzz) of that section, of the following new
paragraph :-
“(zzzzzzzz) the profits and income arising or
accruing to any company,
partnership or body of persons in a
country outside Sri Lanka, from any
payment made for the use of any
computer software, by Sri Lankan
Air Lines Ltd or Mihin Lanka (Pvt)
Ltd, as a special requirement of such
Airlines, if a Double Taxation
Avoidance Agreement providing
relief for double taxation of such
profits and income is not in force
between Sri Lanka and that country
or tax is not payable in such country
on such profits and income.”.
6 Inland Revenue (Amendment) Act, 8 of 2014
Amendment of 8. Section 16D of the principal enactment as last
section 16D amended by Act, No. 18 of 2013 is hereby further amended
of the principal
enactment. by the substitution for the words and figures “any new
undertaking established on or after April 1, 2012 and”, of
the words and figures “any new undertaking established on
or after April 1,2012, but prior to April 1, 2015 and”.
Amendment of 9. Section 16E of the principal enactment is hereby
section 16E amended by the substitution for the words “organic
of the principal
enactment. fertilizers,”, of the words “organic fertilizers or biological
fertilizers,”.
Amendment of 10. Section 17A of the principal enactment as last
section 17A amended by Act, No. 18 of 2013 is hereby further amended
of the principal
in subsection (2) of that section, by the substitution for all
enactment.
the words and figures from “the development of national
economy ;” to the end of that section, of the following words
and figures:-
“the development of national economy ;
(b) in which the sum invested in the acquisition of fixed
assets after March 31, 2011 but prior to April 1, 2015
is not less than the corresponding sum specified in
Column I of the Schedule to subsection (1);
(c) which commences commercial operations on or
after April 1, 2011, but prior to April 1, 2016; and
(d) which is not formed by the splitting up or
reconstruction or acquisition of any business which
was previously in existence.
For the purpose of this section “the investment” means
the cost of any land, plant, machinery, equipment and
other fixed assets.”.
Amendment of 11. Section 22 of the principal enactment as last
section 22 amended by Act, No. 9 of 2008 is hereby further amended in
of the principal
subsection (1) of that section, by the substitution for the
enactment.
words “with an investment of not less than two million rupees
Inland Revenue (Amendment) Act, 8 of 2014 7
made within one year from the commencement of such
undertaking,”, of the words and figures “with an investment
of not less than two million rupees, made within one year
from the commencement of such undertaking, but prior to
April 1, 2014,”.
12. Section 25 of the principal enactment as last Amendment
amended by Act, No. 18 of 2013 is hereby further amended ofsection 25
of the principal
in subsection (1) of that section as follows:- enactment.
(1) by the substitution in paragraph (u) of that
subsection, for the words “to the Government.”, of
the words “to the Government;”; and
(2) by the addition immediately after paragraph (u) of
that subsection, of the following new paragraphs:-
“(v) the cost of acquisition of any
internationally recognized intellectual
property used for producing such profits
and income;
(w) any royalty or ground rent paid by such
person.”.
13. Section 26 of the principal enactment as last Amendment of
amended by Act, No.18 of 2013 is hereby further amended section 26
of the principal
as follows:-
enactment.
(1) in subsection (1) of that section-
(a) by the substitution in sub-paragraph (vi) of
paragraph (l) of that subsection, for the words
and figures “Finance Act, No. 5 of 2005,”, of
the words and figures “Finance Act, No. 5 of
2005; or”;
(b) by the insertion immediately after sub-
paragraph (vi) of paragraph (l) of that
subsection, of the following new sub-
paragraph:-
“(vii) any Crop Insurance Levy levied
under section 14 of PART IV of the
Finance Act, No. 12 of 2013,”;
8 Inland Revenue (Amendment) Act, 8 of 2014
(c) by the substitution for paragraph (m) of that
subsection, of the following paragraph:-
“(m) any annuity paid by such person;”;
and
(2) by the substitution in subsection (4) of that section,
for all the words from “any part thereof,” to the
words “assessment is made:”, of the words “any
part thereof, and an assessment shall be made
disallowing the entirety or any part of such
expenditure notwithstanding anything to the
contrary in any other provisions of this Act, if it
appears to the Assessor that the debt or such part
thereof attributable to such expenditure or any part
thereof, remains unpaid at the time such assessment
for that year of assessment is made:”.
Amendment 14. Section 32 of the principal enactment as last amended
of section 32 by Act, No. 8 of 2012 is hereby further amended as follows:-
of the principal
enactment. (1) in subsection (5) of that section –
(a) by the substitution in paragraph (a) of that
subsection, for the words and figures
“annuity, ground rent, royalty or interest not
deductible under section 25.”, of the words
and figures “annuity or interest, not
deductible under section 25.”; and
(b) by the insertion immediately after paragraph
(c) of that subsection, of the following new
paragraph:-
“(cc) Where any person who is engaged
in carrying on both life insurance
business and general insurance
business segregates such life
insurance business and the general
insurance business into two separate
companies, as required by section 53
of the Regulation of Insurance
Industry (Amendment) Act, No. 3 of
2011, incurred any loss prior to such
Inland Revenue (Amendment) Act, 8 of 2014 9
segregation of which the entirety or
any part thereof had not been
deducted previously, the balance, if
any, as at the date of such segregation
shall, notwithstanding anything to
the contrary in any other provision
of this Act, but subject to the
provisions of paragraph (b), be
deducted from the total statutory
income of the respective companies
in the following manner:-
(i) such part of the loss as
attributable to the life insurance
business, from the total statutory
income of the company which
carries on long term insurance
business;
(ii) such part of the loss as
attributable to the general
insurance business, from the total
statutory income of the company
which carries on general
insurance business.”; and
(2) by the substitution in paragraph (a) of subsection
(6) of that section, for the words and figures “from
income tax under section 16, section 17, section
18,”, of the words and figures “from income tax
under section 16, section 16A, section 16B, section
16C, section 16D, section 17, section 17A, section
18,”.
15. Section 33 of the principal enactment as last Amendment of
amended by Act, No. 22 of 2011 is hereby further amended section 33 of the
principal
in item (ii) of the further proviso to subsection (1) of that
enactment.
section, by the substitution for the words and figures “any
part of any allowance under section 34 from any employment
income”, of the words and figures “any part of any allowance
under section 34, other than the allowance referred to in
paragraphs (u) and (v) of subsection (2) of section 34, from
any employment income”.
10 Inland Revenue (Amendment) Act, 8 of 2014
Amendment 16. Section 34 of the principal enactment as last
of section 34 amended by Act, No.18 of 2013 is hereby further amended
of the principal
as follows:-
enactment.
(1) in subsection (2) of that section –
(a) by the substitution for paragraph (s) of that
subsection, of the following paragraph:-
“(s) investment of not less than fifty million
rupees in the acquisition of fixed
assets made by any person on or after
April 1, 2011 but before April 1, 2014
in the expansion of any undertaking
which would have been qualified for
exemption under section 16C or section
17A had such undertaking commenced
to carry on business on or after April 1,
2011:
Provided however, where such
investment is made in any high tech
plant, machinery or equipment which
is acquired for energy efficiency
purposes or for technology upgrading
purposes or introducing any new
technology or for power generation
using renewable energy resources in the
expansion of such undertaking on or
after April 1, 2011, but prior to April 1,
2015 such investment shall comprise a
qualifying payment.”;
(b) by the substitution in paragraph (u) of that
subsection, for the words “whichever is
lower;”, of the words “whichever is lower;”;
(c) by the substitution in paragraph (v) of that
subsection, for the words “not resident in Sri
Lanka.”, of the words “not resident in Sri
Lanka;”; and
Inland Revenue (Amendment) Act, 8 of 2014 11
(d) by the addition immediately after paragraph
(v) of that subsection, of the following new
paragraphs:-
“(w) any expenditure incurred not
exceeding six hundred thousand rupees
for any year of assessment commencing
on or after April 1, 2014 on the
repayment of the capital of a loan
obtained from any bank licensed under
the Banking Act, No. 30 of 1988 or any
finance company licensed under the
Finance Business Act, No. 42 of 2011,
of which the proceeds are utilized to
construct a house or to purchase a
house or a unit of a residential
apartment complex, by an individual
who is a professional and who furnishes
a return under section 106, whether
such individual obtained such loan
alone or together with any other
individual:
Provided that, if such loan is
obtained together with another
individual or obtained for a co-owned
property, such deduction shall not
exceed the amount of expenditure
attributable to such individual who
obtained such loan.
For the purpose of this paragraph,
“professional” shall have the same
meaning as given for that expression
in section 40C;
(x) any expenditure incurred by any bank
or any finance company licensed under
the Finance Business Act, No.42 of
2011, by way of cost of acquisition or
merger of any other bank or any other
12 Inland Revenue (Amendment) Act, 8 of 2014
finance company, where such cost is
ascertained by considering all the facts
on case by case basis in accordance with
the guidelines issued by the Central
Bank of Sri Lanka for that purpose, and
such expenditure is not deductible
under section 25.”;
(2) in subsection (4) of that section –
(a) by the substitution in sub-paragraph (i) of
paragraph (a) of that subsection, for the words
and figures “ (t), (u) and (v) of subsection (2)”,
of the words and figures “(t), (u), (v) and (w)
of subsection (2)”; and
(b) by the substitution in sub-paragraph (i) of
paragraph (b) of that subsection, for the words
and figures “(r), (s) and (t) of subsection (2)”,
of the words and figures “(r), (s), (t) and (x) of
subsection (2)”.
Amendment of 17. Section 40A of the principal enactment as last
section 40A of amended by Act, No. 18 of 2013 is hereby further amended
the principal by the substitution for the words and figures “commencing
enactment.
on or after April 1, 2008,”, of the words and figures
“commencing on or after April 1, 2008, but prior to April 1,
2014,”.
Insertion of new 18. The following new section is hereby inserted
section 40C in immediately after section 40B of the principal enactment
the principal
and shall have effect as section 40C of that enactment :-
enactment.
“Rates of 40C. (1) Where the taxable income of any
income tax individual, being a citizen of Sri Lanka, for
on the profits
any year of assessment commencing on or after
from
employment April 1, 2014, includes any profits from
of employment (hereinafter in this section referred
professionals. to as “relevant profits”) in the exercise of his
duties as a professional, and the rate of income
tax payable on a part of such taxable income
(hereinafter in this section referred to as the
Inland Revenue (Amendment) Act, 8 of 2014 13
“relevant part of the taxable income”) exceeds
sixteen per centum, then in regard to the
relevant part of the taxable income, the tax
payable shall be computed as follows:-
(a) where such relevant part of the taxable
income exceeds the amount of the
relevant profits:-
(i) the tax payable on such portion
of the relevant part of the taxable
income as is equal to the amount
of such relevant profits, shall be
computed at the rate of sixteen
per centum; and
(ii) the tax payable on the balance of
the relevant part of the taxable
income, shall be computed
according to such of the rates
above sixteen per centum, as are
applicable thereto, under the First
Schedule to this Act; or
(b) where such relevant part of the taxable
income does not exceed the amount of
the relevant profits, the tax payable on
the entirety of the relevant part of the
taxable income, shall be computed at
the rate of sixteen per centum.
(2) For the purpose of this section
“professional” means a doctor registered under
the Medical Ordinance (Chapter 105), a
chartered engineer, a chartered architect, a
member of the Institute of Chartered
Accountants of Sri Lanka, a member of the
Association of Chartered Certified
Accountants, a member of the Chartered
Institute of Management Accountants (U.K.)
and an attorney-at-law, and includes a software
engineer, a pilot licensed under the Air
Navigation Act (Chapter 365), a navigation
officer and a researcher or senior academic,
recognized as an accredited professional.”.
14 Inland Revenue (Amendment) Act, 8 of 2014
Amendment 19. Section 50 of the principal enactment is hereby
of section 50 amended by the substitution for the words and figures
of the principal
“taxable income of that person for any year of assessment
enactment.
commencing prior to April 1, 2014 includes”, of the words
“taxable income of that person for any year of assessment
includes”.
Amendment 20. Section 51 of the principal enactment is hereby
of section 51
amended by the substitution for the words and figures
of the principal
enactment. “taxable income of that company for any year of assessment
commencing prior to April 1, 2014 includes”, of the words
“taxable income of that company for any year of assessment
includes”.
Amendment of 21. Section 52 of the principal enactment is hereby
section 52 of the amended by the substitution for the words and figures
principal “taxable income of that company for any year of assessment
enactment. commencing prior to April 1, 2015 includes”, of the words
“taxable income of that company for any year of assessment
includes”.
Amendment of 22. Section 56C of the principal enactment is hereby
section 56C amended by the substitution for the words “from the sale of
of the principal
enactment. any product manufactured in Sri Lanka”, of the words and
figures “from the sale of any product manufactured in Sri
Lanka, other than such part of the profits and income exempt
under section 13,”.
Replacement of 23. Section 58 of the principal enactment is hereby
section 58 of the repealed and the following section is substituted therefor:-
principal
enactment.
“Rate of tax 58. Such part of the profits and income
on profits within the meaning of paragraph (a) of section
and income
3, of any person as consists of profits and
from the
supply of income from the supply of any services, to any
any services exporter of goods or services or to any foreign
to any principal of such exporter directly, being
exporter.
services which could be treated as essentially
related to the manufacture of such goods or
provision of such services exported by such
exporter either directly or through any export
Inland Revenue (Amendment) Act, 8 of 2014 15
trading house, including any service provided
by an agent of a ship operator to such agent's
foreign principal, and the payment for such
services are made by such exporter or foreign
principal to such person in Sri Lanka in foreign
currency, shall, notwithstanding anything to
the contrary in any other provision of this Act,
be chargeable with income tax at the
appropriate rate specified in the Fifth Schedule
to this Act, if –
(a) such supply is covered by an
international letter of credit or a letter
of credit opened in a bank in Sri Lanka
on a back to back basis against an
international letter of credit for the
remittance to Sri Lanka of the foreign
exchange value of the exports related
to such supply; or
(b) (i) the payment of the consideration
for such supply is made in foreign
currency by means of a draft or
telegraphic transfer made in favour
of such person by such exporter or
foreign principal; and
(ii) such other documentary evidence
as is required by the Commissioner-
General to satisfy himself that the
goods or services relating to such
supply have in fact been exported,
is adduced.”.
24. Section 59B of the principal enactment as last Amendment of
amended by Act, No.18 of 2013 is hereby further amended section 59B of
the principal
in subsection (1) of that section, by the substitution for the enactment.
words “any other provisions of this Act”, of the words “any
other provisions of this Act, but subject to provisions of
section 59F ”.
16 Inland Revenue (Amendment) Act, 8 of 2014
Amendment of 25. Section 59D of the principal enactment is hereby
section 59D of
amended in subsection (1) of that section, by the substitution
the principal
enactment. for the words “holding of its shares by the general public.”,
of the following words and figures:-
“holding of its shares by the general public:
Provided however, where any company lists its
shares in the aforesaid manner, on or before April 1,
2017 and which is liable to pay income tax at the rate
specified in item 3 of PART-B of Second Schedule to
this Act, such rate shall be reduced by fifty per centum
for the year of assessment in which such shares are
listed and for another two years of assessment
immediately succeeding that year of assessment
subject such company after listing continues to
maintain not less than twenty per centum of holding
of its shares by the general public.”.
Insertion of 26. The following new sections are hereby inserted
new sections immediately after section 59E of the principal enactment
59F, 59G and
59H in the and shall have effect as sections 59F, 59G and 59H
principal respectively, of that enactment:-
enactment.
“Rate of 59F. (1) Where the taxable income of any
income tax
on the profits individual being a citizen of Sri Lanka, for any
and income year of assessment commencing on or after
from the April 1, 2014, includes any profits and income
provision of
from providing professional services as a
professional
services. professional, such part of the taxable income
shall, notwithstanding anything to the contrary
in any other provisions of this Act, be
chargeable with income tax at the appropriate
rate specified in the Fifth Schedule to this Act.
(2) For the purpose of this section,
“professional” shall have the same meaning as
given for that expression in section 40C.
Inland Revenue (Amendment) Act, 8 of 2014 17
Rate of 59G. (1) The tax rate applicable on the
income tax
profits and income earned by a bank for any
applicable to
the profits year of assessment commencing on or after
and income April 1, 2014, on any loan granted to any
earned by individual, who is a professional, for the
any bank on
purpose of constructing a house or purchasing
loans granted
to a house or a unit of a residential apartment
professionals complex, by such individual alone or together
for with any other individual, shall be reduced by
construction
purposes. fifty per centum.
(2) For the purpose of this section,
“professional” shall have the same meaning as
given for that expression in section 40C.
Income tax 59H. Such part of the tax computed in
payable by accordance with this Act, as being payable by
ship any ship operator, ship builder or any agent of
operators, a foreign ship shall, notwithstanding anything
ship builders to the contrary in any other provision of this
or any agent Act, be reduced by ten per centum, if such ship
of a foreign operator, ship builder or agent provides
ship. training on skill development in the shipping
industry to trainees.”.
27. Section 63 of the principal enactment as last Amendment
amended by Act, No. 10 of 2007 is hereby further amended of section 63
of the
by the substitution for the words “such dividend shall,”, of
principal
the words “profits and income from such dividend shall,”. enactment.
28. Section 76 of the principal enactment is hereby Amendment
amended in subsection (2) of that section, by the substitution of section 76
of the
for the words “the amount of any interest, annuity, ground
principal
rent or royalty”, of the words “the amount of any interest or enactment.
annuity”.
29. Section 79 of the principal enactment as last Amendment
amended by Act, No.18 of 2013 is hereby further amended of section 79
of the
by the repeal of subsection (3) of that section, and the
principal
substitution therefor, of the following subsection:- enactment.
18 Inland Revenue (Amendment) Act, 8 of 2014
“(3) For any year of assessment commencing
prior to April 1, 2013, an individual who has been
deemed resident for two or more consecutive years
of assessment shall be deemed to be resident until
such time as he is continuously absent from Sri
Lanka for an unbroken period of three hundred and
sixty five days. When such person is so absent, he
shall notwithstanding the provisions of subsection
(2), be deemed to be non-resident from the
commencement of the year of assessment in which
such absence commences.”.
Amendment 30. Section 105 of the principal enactment is hereby
of section amended in subsection (3) of that section, by the substitution
105 of the
principal for the words “provisions of this Act,”, of the words
enactment. “provisions of this Act, and shall notwithstanding anything
to the contrary in any other provision of this Act, be
chargeable with income tax at the appropriate rate specified
in the Fifth Schedule to this Act,”.
Amendment of 31. Section 106 of the principal enactment as last
section 106 of amended by Act, No. 22 of 2011 is hereby further amended
the principal
enactment. by the addition immediately after subsection (19) of that
section, of the following new subsection:-
“(20) For the purposes of this Act, the
Commissioner-General may give notice in writing
to any person requiring him to furnish within the
period specified in such notice, any information in
relation to any transaction between such person and
any other person or class of persons.”.
Amendment of 32. Section 107 of the principal enactment as last
section 107 of amended by Act, No.8 of 2012 is hereby further amended in
the principal
subsection (3) of that section as follows:-
enactment.
(a) by the substitution in paragraph (a) of that
subsection, for the words “ “approved accountant”
means –”, of the words “ “approved accountant”
for any year of assessment commencing prior to
April 1, 2014 means -”;
Inland Revenue (Amendment) Act, 8 of 2014 19
(b) by the insertion immediately after paragraph (a) of
that subsection, of the following new paragraph:-
“(aa) “approved accountant” for any year of
assessment commencing on or after April
1, 2014 means an accountant who is a
member of the Institute of Chartered
Accountant of Sri Lanka;”; and
(c) by the substitution in paragraph (b) of that
subsection, for the words “commercial practices and
accounting standards;”, of the words “commercial
practices and accounting standards and the
operational profits calculated in accordance with
the Sri Lanka Financial Reporting Standards;”.
33. Section 117 of the principal enactment as last Amendment
amended by Act, No. 22 of 2011 is hereby further amended of section 117
of the principal
in subsection (1) of that section, by the substitution for the
enactment.
words “provides a benefit in cash or in kind to any other
person who”, of the words “to any other person and where
such director, chairperson or other person”.
34. Section 117A of the principal enactment is hereby Amendment
amended as follows :- of section 117A
of the principal
enactment.
(1) by the substitution in subsection (1) of that section,
for all the words and figures from “shall deduct tax
at the rate of –” to the end of that subsection, of the
following words and figures:-
“shall deduct tax at the rate of –
(a) ten per centum –
(i) where the aggregate of such
payments or value of such benefits
does not exceed twenty five
thousand rupees per month; or
20 Inland Revenue (Amendment) Act, 8 of 2014
(ii) where the aggregate of such
payments or value of such benefits
does not exceed fifty thousand
rupees per month, if such employee
is an individual employed in the
public sector; or
(b) sixteen per centum–
(i) where the aggregate of such
payments or value of such benefits
exceeds twenty five thousand rupees
per month; or
(ii) where the aggregate of such
payments or value of such benefits
exceeds fifty thousand rupees per
month, if such employee is an
individual employed in the public
sector;
on such payments or the value of such benefits
in terms of the provisions of this Chapter. No
direction shall be issued or entertained under
section 118 in relation to such payments or
value of such benefits.”; and
(2) by the addition immediately after subsection (3) of
that section, of the following new subsection:-
“(4) Where an individual is employed under
more than one employer or has more than
one employment and receiving any
benefit from the private use of a motor
vehicle or any allowance paid in lieu of
the provision of such vehicle or value of
any transport facility from more than one
employer or from more than one
employment, the excess of aggregate of
such benefit or allowance or such value
over fifty thousand rupees shall form part
of such employee’s employment income
liable to tax.”.
Inland Revenue (Amendment) Act, 8 of 2014 21
35. Section 133 of the principal enactment as last Amendment of
section 133
amended by Act, No 22 of 2011 is hereby further amended of the principal
in subsection (3) of that section as follows :- enactment.
(1) by the substitution in paragraph (b) of that
subsection, for the words ''under this Act ; or", of
the words ''under this Act ;";
(2) by the substitution in paragraph (c) of that
subsection, for the words and figure ''section 95 .";
of the words and figure ''section 95 ; or"; and
(3) by the addition, immediately after paragraph (c) of
that subsection, of the following new paragraph :-
“(d) which is paid on the deposits made by any
participating institution under the standing
deposit facility with the Central Bank of Sri
Lanka.”.
36. Section 134 of the principal enactment as last Amendment
of section 134
amended by Act, No. 10 of 2007 is hereby further amended
of the principal
by the addition at the end of subsection (2) of that section, enactment.
of the following new subsection :-
“(3) The deduction referred to in subsection (1)
shall not apply to any interest which is exempt from
income tax under this Act.”.
37. Section 135 of the principal enactment as last Amendment of
section 135
amended by Act, No. 18 of 2013 is hereby further amended
of the principal
by the substitution in paragraph (c) of subsection (1) of that enactment.
section, for the words and figures “any interest or discount
referred to in paragraph (o) of section 9.”, of the words and
figures “any interest or discount referred to in paragraph
(aa) or paragraph (o) of section 9.”.
22 Inland Revenue (Amendment) Act, 8 of 2014
Amendment of 38. Section 137 of the principal enactment as last
section 137 of amended by Act, No.10 of 2007, is hereby further amended
the principal
enactment. by the insertion immediately after subsection (2) of that
section, of the following new subsection:-
“(3) For the avoidance of doubt, interest income
referred to in subsection (1) in relation to any bank or
financial institution means the profits and income
earned or accrued from any Security, Bond or Bill.”.
Amendment 39. Section 163 of the principal enactment as last
of section 163 amended by Act, No. 18 of 2013 is hereby further amended
of the principal
enactment. in subsection (5) of that section, by the substitution in the
proviso to that subsection, for the words “in respect of any
year of assessment, consequent to the receipt by such person
of any arrears relating to the profits from employment of that
person for that year of assessment:”, of the following words:-
“in respect of any year of assessment consequent to –
(i) the receipt by such person of any arrears
relating to the profits from employment of
that person for that year of assessment; or
(ii) any adjustment made in line with the
adoption of the Sri Lanka Financial
Reporting Standards for the year of
assessment in which such adoption was
made:”.
Amendment 40. Section 176 of the principal enactment is hereby
of section 176 amended in subsection (2) of that section, by the substitution
of the principal
enactment. for the words “chargeable for one complete year of
assessment”, of the words “chargeable for five complete years
of assessment”.
Amendment 41. Section 195 of the principal enactment is hereby
of section 195 amended by the addition immediately after subsection (2)
of the principal
enactment. of that section, of the following new subsection:-
Inland Revenue (Amendment) Act, 8 of 2014 23
“(3) Without prejudice to the generality of
subsection (1) and subsection (2), no notice,
assessment, certificate, or other proceeding purporting
to be in accordance with the provisions of this Act
shall be quashed, or deemed to be void or voidable or
be affected by reason of any variance in the
designation of the officer who signed or executed such
notice, assessment, certificate or other proceeding as
the case may be, due to the implementation of the
Minutes of the Sri Lanka Inland Revenue Service as
published in the Gazette, if the same is in substance
and effect in conformity with, or according to, the
intent and meaning of this Act or any other Act
administered by the Commissioner-General, and if the
person assessed or intended to be assessed or affected
thereby, is designated therein according to common
intent and understanding.”.
42. Section 209 of the principal enactment is hereby Amendment
amended as follows:- of section 209
of the principal
enactment.
(1) by the substitution in subsection (1) of that section,
for the words “his authorized representative or to
the Minister or the Secretary”, of the words “his
authorized representative or to the Minister or the
Secretary”;
(2) by the addition immediately after paragraph (d) of
subsection (5) of that section, of the following new
paragraphs:-
“(e) if required by a letter in writing by the
Director General of Customs, in the course
of carrying out the official duties, furnish as
specified in such letter, all information
available to him relating to the affairs of any
person in respect of whom an investigation
is being conducted by the Director General
of Customs, or of the spouse or a son or
daughter of such person, which is in the
possession or under the control of the
Commissioner-General;
24 Inland Revenue (Amendment) Act, 8 of 2014
(f) if required by a letter in writing by the
Director General of Census and Statistics, in
the course of carrying out the official duties,
furnish as specified in such letter, all
information available to him relating to the
affairs of any person in respect of whom
information and statistics are being collected
by the Director General of Census and
Statistics, or of the spouse or a son or daughter
of such person, which is in the possession or
under the control of the Commissioner-
General;
(g) if required in pursuance to an Order issued by
a competent Court, by the Inspector General
of Police, in the course of an investigation of
any crime or proceeds of crime which affects
to the public interest, against any person, or
after the commencement of prosecution of any
person for bribery or corruption, furnish, all
information available to him relating to the
affairs of such person or of the spouse or a son
or daughter of such person, as specified in
such order, and provide a certified copy of
any document relating to such person, spouse,
son or daughter, which is in the possession or
under the control of the Commissioner-
General.”; and
(3) by the substitution in subsection (12) of that
section, for the words “Minister or the Secretary” of
the words “Minister or the Secretary”.
Amendment 43. Section 212 of the principal enactment is hereby
of section 212
amended in subsection (2) of that section as follows:-
of the principal
enactment.
(1) by the substitution in paragraph (d) of that
subsection, for the words “five hundred rupees.”, of
the words “five hundred rupees;”; and
Inland Revenue (Amendment) Act, 8 of 2014 25
(2) by the addition immediately after paragraph (d) of
that subsection, of the following new paragraph:-
“(e) the manner of computation of profits and
income whenever the Financial Accounting
Standards applicable in Sri Lanka are
changed.”.
44. Section 217 of the principal enactment as last Amendment
of section 217
amended by Act, No. 18 of 2013 is hereby further amended
of the principal
as follows:- enactment.
(1) in the definition of the expression “authorized
representative” by the repeal of item (ii) of sub-
paragraph (a) of paragraph (1); and
(2) in the definition of the expression “executive
officer”, by the substitution for the words “not less
than twenty thousand rupees;”, of the words “ not
less than seventy five thousand rupees;”.
45. The Second Schedule to the principal enactment as Amendment
last amended by Act, No. 18 of 2013 is hereby further of the Second
Schedule to the
amended in PART- B of that Schedule as follows:-
principal
enactment.
(1) in item 1 of that PART –
(a) by the substitution in paragraph (c) of that
item, for all the words and figures from “Any
company-” to the end of that item, of the
following words and figures:-
“Any company other than any company
engaged in the manufacture of any article
or in the provision of any service –
(A)(i) of which the taxable
income does not exceed
Rs. 5,000,000/-;
(ii) which is not a company
referred to in PART-A;
and
26 Inland Revenue (Amendment) Act, 8 of 2014
(B) which is not the holding
company, a subsidiary
company, or an associate
company of a group of
companies,
on the taxable income 12 per
centum;”;
(b) by the insertion immediately after paragraph (c) of
that item, of the following new paragraph:-
“ (d) For any year of assessment commencing on
or after April 1, 2011, but prior to April 1,
2014 –
any company engaged in the
manufacture of any article or in the
provision of any service-
(A)(i) of which the taxable
income does not exceed
Rs. 5,000,000/-;
(ii) which is not a company
referred to in PART-A;
and
(B) which is not the holding
company, a subsidiary
company, or an associate
company of a group of
companies,
on the taxable income 12 per
centum;
For the purpose of item (B) of
paragraph (b), paragraph (c) and
paragraph (d), the expressions
“holding company”, “subsidiary
company”, and “group of companies”
shall have the same respective
meanings which they have in the
Companies Act, No.7 of 2007 and
includs a holding company or a
subsidiary of any company
incorporated or registered outside Sri
Lanka.”;
Inland Revenue (Amendment) Act, 8 of 2014 27
(2) by the substitution for item 2 of that PART, of the
following item:-
“2 Any company for the year of assessment being
any year of assessment commencing prior to
April 1, 2011 in which its shares are first
quoted in any official list published by a
stock exchange licensed by the Securities and
Exchange Commission of Sri Lanka
(hereinafter referred to as the “first year of
assessment”) and for each year of assessment
within the period of four years immediately
succeeding that first year of assessment,
(a) for which the taxable income exceeds
Rs. 5,000,000/-; or
(b) if such company is a holding company,
a subsidiary company or an associate
company of a group of companies,
on the taxable income for that year of
assessment—
(i) for any year
of assessment
commencing prior to
April 1, 2011 33 1/3 per
centum
(ii) for any year
of assessment
commencing on or
after April 1, 2011 28 per
centum
Provided that, where such first year of
assessment is any year of assessment which
commences prior to April 1, 2006, the rate of
33 1/3 per centum shall apply in relation to
any year of assessment which falls within
such period of four years, but which
commences on or after April 1, 2006.”.
28 Inland Revenue (Amendment) Act, 8 of 2014
Amendment 46. The Fifth Schedule to the principal enactment as
of the Fifth last amended by the Act, No.18 of 2013 is hereby further
Schedule to the
principal amended as follows :-
enactment.
(1) by the substitution for item 22 of that Schedule, of
the following item:-
“22 The rate of income tax on profits and income
referred to in section 58-
(a) for any year of assessment
commencing prior to April
1, 2011 15 per
centum
(b) for any year of assessment
commencing on or after
April 1, 2011, but prior to
April 1, 2014 12 per
centum
(c) for any year of assessment
commencing on or after
April 1, 2014 As per the
First
Schedule, but
subject to a
maximum of
12 per
centum for
an
individual,
and 12 per
centum for a
company”;
(2) by the substitution for item 33 of that Schedule, of
the following item:-
“33 The rate of income tax applicable to profits
and income of any person from any
undertaking referred to in section 59B-
Inland Revenue (Amendment) Act, 8 of 2014 29
(a) for any year of assessment
commencing prior to April
1, 2014 As per the
First
Schedule,
but subject
to a
maximum of
10 per
centum for
an
individual,
and 10 per
centum for a
company
(b) for any year of assessment
commencing on or after
April 1, 2014 As per the
First
Schedule but
subject to a
maximum of
12 per
centum for
an
individual,
and 12 per
centum for a
company”;
(3) by the substitution for item 42 of that Schedule, of
the following item:-
“42 The rate of income tax applicable
to such part of the profits and
income of any person from any
undertaking referred to in section
56A- 12 per
centum ”;
(4) by the addition immediately after item 45 of that
Schedule, of the following new item:-
“46 The rate of income tax applicable
to such part of the profits and
30 Inland Revenue (Amendment) Act, 8 of 2014
income of any individual, from a
profession as referred to in section
59F-
on the first Rs. 500,000/-
of the taxable income 4 per centum
on the next Rs. 500,000/-
of the taxable income 8 per centum
on the next Rs. 24,000,000/-
of the taxable income 12 per centum
on the next Rs. 10,000,000/-
of the taxable income 14 per centum
on the balance of the taxable
income 16 per centum.".
''Validation. 47. The amount of tax charged or collected from any
person by or on behalf of the Comissioner-General, by virtue
of the application of any provision of this Act, during the
period commencing on April 1, 2014 and ending on the
date on which the certificate of the Speaker is endorsed in
respect of this Act, shall be deemed to have been validly and
lawfully charged or collected under this Act by the
Commissioner-General or by such person who charged or
collected such tax on behalf of the Commissioner-General :
Provided that, the aforesaid provision shall not affect
any decision or order made by any Court or any proceedings
pending in any Court in respect of any tax charged or
collected during such period.
Sinhala text to 48. In the event of any inconsistency between the
prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall
of an
inconsistency. prevail.
Inland Revenue (Amendment) Act, 8 of 2014 31
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
NadunReplacecontEnd