Business Tax Act

Link to law: http://laws.gov.ag/acts/chapters/cap-65.pdf
Published: 1982

Business Tm (CAP. 65 1

CHAPTER 65

T H E BUSINESS TAX ACT

Arrangement of Sections
Section

1. Short title.
2. Imposition of tax and Application.
3. Transitional Provisions.

BUSINESS TAX

(1st January, 1982.) 2211982.

1. This Act may be cited as the Business Tax Act. Sho*

2. (1) Notwithstanding any thing contained in the In- ~~~$$~!'~?~~
come Tax Act (in this Act referred to as "the Act") every Cap. 212.
individual to whom the Business Registration Act applies Cap. 64.
(that is to say, an individual to whom this Act applies) shall
be chargeable to the income tax imposed by the Act in respect
of the income derived from his business.

(2) The income tax imposed by the Act upon the
chargeable income of an individual to whom this Act applies
shall be charged at the rate of twenty-five per centum on
every dollar of the chargeable income.

(3) For the purposes of the Act, and only for those
purposes, an individual to whom this Act applies is hereby

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 65) Business Tax

deemed to be a company and, subject to this Act, the provi-
sions of the Act as to liability to and assessment and collec-
tion of the income tax imposed by the Act shall apply to
the chargeable income of that individual in like manner as
if he were a company.

Transitional
Provisions.

3. (1) Where an individual to whom this Act applies
has incurred capital expenditure to which subsection (2) of
section 10 of the Act applies, and any part of that expen-
diture could, prior to the coming into operation of the Income

2211976. Tax (Amendment) Act, 1976, have been allowed as a deduc-
tion from the income of that individual during any of the
five years immediately preceding the date on which this Act
comes into operation, such part of such expenditure shall
not be deductible from income arising during any year of
assessment after this Act comes into operation.

(2) In determining for the purposes of this section which
parts of expenditure could have been allowed, the provisions
of paragraph (2) of subsection (2) of section 10 of the Act
shall apply as if any year from the income of which a deduc-
tion would not have been made, occurred during the said
period of five years.

(3) For the avoidance of doubt it is hereby declared that
the provisions of section 15 of the Act shall not authorise
the granting to any individual to whom this Act applies of
relief against income to which the Act applies by-

(a) set-off of any loss incurred during the period
of five years prior to the coming into operation of this
Act; or

(6) set-off of any loss incurred in the basis period
for any year of assessment earlier than year of assess-
ment of 1977.

(4) Notwithstanding any of the provisions of section 63
of the Act, notices issued by the Commissioner under that
section in the years of assessment 1982 and 1983 to
individuals to whom this Act applies shall refer to standard
years and standard amounts which the Commissioner in his
discretion and having regard to all the circumstances to the
best of his judgment shall determine and, for the purposes
of the said section 63, references therein to standard years

LAWS OF ANTIGUA AND BARBUDA

Business Tax (CAP. 65 3

and standard amounts shall be construed as standard years
and standard amounts as so determined.

(5) In the year of assessment 1982 the Commissioner
may exercise the power and duties imposed upon him by
section 63 (3) of the Act at any time until the 31st October
in that year, and any individual to whom this Act applies
shall be required to pay the standard amount in ten equal
monthly instalments commencing during the month of
November in that year and terminating during the month
of August next following.
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