Income Tax (Amendment) Act 2000

Link to law: http://laws.gov.ag/acts/2000/a2000-4.pdf

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No. 4 of 2000. Income Tax (Amendment) Act 2000. 1 ANTIGUA
AND

BARBUDA

[ L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

17th March, 2000.

ANTIGUA AND BARBUDA

No. 4 of 2000.

AN ACT to amend the Income Tax Act, Cap. 212

[ 13th April, 2000. ]

ENACTED by the Parliament of Antigua and Barbuda as
follows:

1. This Act may be cited as the Income Tax (Amendment) Act Short title.
2000.

2. Section 2 of the Income Tax Act, in this Act referred to as the Amendment of
section 2 of Cap.

principal Act, is amended by inserting in the appropriate alphabeti- 212.
cal position the following definition:

'' "economic activity" means an activity for which a
charge is made;".

3. Section 11 of the principal Act, is amended by ~mendment of
section 11.

(a) repealing the full stop at the end of paragraph (g) and
substituting a semi colon; and

ANTIGUA 2 Income Tax (Amendment) Act 2000. No. 4 of 2000.
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(b) inserting after paragraph (g) the following paragraph:

"(h) salaries, wages, directors fees and other pay-
ments made for services rendered by owners,
directors, shareholders, their spouses and their
children in excess of twenty-five per centum of
the chargeable income before the deductions a
made provided that inexceptional circumstances
the Commissioner may permit payment in ex-
cess of twenty-five per centum."

Amendment of
section 32. 4. Section 32 of the principal Act is repealed and the following

substituted:

"32. (1) The tax upon the gross income of a company,
business, trade, profession or service involved in economic
activity shall bechargedat the rateoftwo percenturnmonthly
on every dollar of Che gross income; except that where the
gross income is less than fifty thousand dollars in any year of
income that company, business, trade, profession or service
shall be exempt.

(2) The tax upon the chargeable income of a company
shall be charged at the rate of forty per centum onevery dollar
of the chargeable income.

(3) Any tax paid under subsection (1) shall be set off for
the purposes of collection

(a) against the tax charged on the chargeable in-
come of a company in subsection (2); or

Cap. 65.

(b) against the tax charged on the chargeable in-
come of an individual to whom the Business Tax
Act applies.

(4) Schools and churches shall be exempt from the tax
chargable under subsection (1).

(5) The Unister may make regulations for the effective
implementation of this section".

Insertion of section
&A. 5. After section 46 of the principal Act the following section is

inserted:
"Rehlms of
businesses. 46A. It shall be the duty of every person

carrying on a business, trade, profession or
service involved in economic activity charge-
able with taxunder section 32(1) to delivertothe

No. 4 of 2000. Income Tax (Amendment) Act 2000. 3 ANTIGUA
AND

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Commissioner on or before the prescribed date
in every month a true and correct return of the
gross incomehmeve~y source whatever for the
month for which returns are being made and if
absent fiom Antigua and Barbuda to give the
name and address of anagentresiding in Antigua
and Barbuda.".

6. After section49 of the principal Act the following sections are Insertion of
inserted: sections 49A 49B

and 49C.

"Returns to be 49A. (1) Every return delivered to the Com-
accompanied by missioner in accordance withsections 46,47,48
financial and 49 shall be accompanied by
statements
schedule and
payment. (a) a financial statement of the gross monthly income with the relevant

schedules attached (in the form pre-
scribed in Schedule B of the Income
Tax Rules) giving details of

(i) salaries, management fees,
directors fees and other pay-
ments to proprietors, direc-
tors and employees who are
shareholders and relatives:

(ii) rent and interest paid giving
the names and addresses of
the persons to whom these
payments are made; and

(iii) payments made to persons
not resident in Antigua and
Barbuda which are claimed
as deductions in computing
the profits; and

(b) payment of the tax payable on the
return so delivered.

(2) Every return delivered to the
Commissioner in accordance with section 46A
shall be accompanied by

(a) a fiilancial statement in the form
prescribed in Schedule B of the
Income Tax Rules; and

ANTIGUA 4 Income Tax (Amendment) Act 2000. No. 4 of 2000.
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(b) payment of the tax payable on the
retum so delivered.

power of the 49B. Where a person fails to make returns
to under sections 46,46A, 47,48 or 49 within the

levy penalty. specified time the Commissioner may levy on the
person a penalty of five hundred dollars or five
percentumof theundisputedtax whichever is the
greater.

Power of the 49C. (1) Where a person has fied a return
to under sections 46,46A, 47,48 or49 thecornmis-

obtain infomation.
sioner may by notice in writing require any other
person

(a) to furnish hlm, within the time speci-
fied inthe notice, with particulars in
respect of the person's income;

(b) to attend before him and give evi-
dence with respect to the persons
income; and

(c) to produce all books or other docu-
ments in his custody or under his
control relating to the person's in-
come.

(2) A person who fails to comply with a notice
by the Commissioner under subsection (1) or
knowingly gives false evidence commits an
offence.".

Amendment of 'I.fkction 56 of the principal Act is amended as follows:
section 56.

(a) in subsection (1) by repealing "the next subsection" and
substituting the following:

"subsection (2)";

(b) by inserting after subsection (1) the following subsec-
tion:

No. 4 of 2000. Income Tax (Amendment) Act 2000. 5 ANTIGUA
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"(la) On receipt of a notice under subsection (1) the
person shallpay totheCorntnissionertheamount
of tax assessed as stated in the notice prior to
exercising his rights undar subsection (2)"; and

(c) in subsection (2) by r e w n g '"fifteen days" and
substituting the following:

"thirty days".

8. Section 59 of the principal Act is amended in subsection (5) Amendment of
by repealing "fifteen days" wherever it occurs and substituting the 59.
following:

''thu-ty days".

9. Section 60 of the principal Act is amended by repealing Amendmentof
subsections (1),(2)and(5)andsubstituting the following subsections: section 60.

"(1) The Governor-General shall appoint not more than
seven suitable and qualified persons of which he may, as
circumstances require, empower any three to constitute the
Board.

(2) The persons appointed by the Governor-General
under subsection (1) shall serve for a period of two years.

(5) The Cabinet may make rules prescribing

(a) the proceedings to be followed in the conduct of
appeals before the Board; and

(b) the allowances to be paid to members of the
Board when they sit to hear and determine
appeals.".

10. Section 63 of the principal Act is repealed. Repeal of section
63.

11. After section 75 of the principal Act, the following section Insertion of section
is inserted in part XII: 75A.

"Identification tax 75A. (1) Every person operating a company,
number. business, trade, profession or service involved in

economic activity shall register with the Com-
missioner of Inland Revenue for an identification

ANTIGUA 6 Income Tax (Amendment) Act 2000. No. 4 of 2000.
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tax number in accordance with the form set out
in the Schedule.

(2) A person operating a company, business,
trade, profession or service involved in eco-
nomic activity and currently in operation has
h t y days in which to register in accordance
with subsection (1).

(3) A person operating acompany, business,
trade, profession or service involved in eco-
nomic activity who fails to register within the
time specified in subsection (2) commits an
offence and is liable on summary conviction to
a fine of two thousand dollars and a further fine
of two hundred dollars for every day over the
thrrty days that the offence continues.".

Amendment of 12. The Schedule to the principal Act is repealed and the
Schedule. following substituted:

"SCHEDULE

[section 21

PART I

Australia, the Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei,
Cameroon, Canada, Cyprus, Dominica, Fiji, the Gambia, Ghana, Grenada,
Guyana, India, Jamaica, Kenya, IOribati, Lesotho, Malawi, Malaysia, The Maldives,
Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand, Nigeria, Pakistan,
Paupa-New Guinea, Saint Christopher and Nevis, St. Lucia, St. Vincent and the
Grenadines, Samoa, Seychelles, SierraLeone, Singapore, Solomon Islands, South
Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu,
Uganda, United Kingdom and Colonies, Vanuatu, Zambia, Zimbabwe.

No. 4 of 2000. Income Tax (Amendment) Act 2000. 7 AIUTIGUA
AND

BARBUDA

PART 2

[section 75A]

REGISTRATION FOR ID-ENTIB ICATION TAX NUMBER

NAME OF COMPANY, BUSINESS OR XNlDIVlDUAL

ADDRESS

Telephone FAX NO. Email address

Type of Enterprise
Sole Proprietor 0 Partnership 0 Corporation L_I

Nature of Business

Date Business Commenced -

l~a rne of 0wner~artnerl~irectorsI Address I Position Held I

Signature
Name (Print)
Date

FOR OFFICIAL USE ONLY
DENTEXATION TAX NO.

I DATE ISSUED I

SIGNATURE
ISSUING OFFICER

ANTIGUA 8 Income T a (Amendment) Act 2000. No. 4 of 2000.
AND

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Passed the House of Representatives Passed the Senate this 16th day
this 2nd day of March, 2000. of March, 2000.

B. Harris,
Speaker.

M. Percival,
President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Printer

- By Authority, 2000.
800-4.00 [ Price $3.65 ]