Arrangement of Provisions
1. Short title and
commencement

2. Exempt income

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2005, No.17

AN ACT to amend the Income Tax Act 1974.
[28th
June 2005]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement – (1) This Act may be
cited as the Income Tax Amendment Act 2005 and shall be read
with and form part of the Income Tax Act 1974 (the Principal
Act).
(2) This Act shall commence on the date of assent by the
Head of State.
(3) Notice of commencement of this Act shall be published
in Samoan and English in the Savali and one other newspaper
circulating in Samoa.

2. Exempt Income- Section 7(1) of the Principal Act is
amended by inserting the following after paragraph (a b):
“(a c) Income derived in Samoa by a non-resident
shareholder in a company established under the
4 Income Tax Amendment 2005 2005, No.17

Companies Act 1955 or the Companies Act
2001, as the case may be, where:
(i) The company is nominated in writing
by the Attorney General to the Minister of
Finance (and in doing so the Attorney
General shall exercise this power once only);
and
(ii) The Minister of Finance continues to
be satisfied that the non-resident
shareholder’s income in Samoa is taxable in
another country; and
(iii) Despite the other provisions in this
paragraph and this Act, the Minister of
Finance, acting on the written advice of the
Chief Executive Officer of the Ministry of
Finance, may exempt the company
nominated under subparagraph (i) from
taxation under this Act up to a maximum
period of three years if the Minister is
satisfied that the exemption will materially
assist the company to contribute to the
development of Samoa”.



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The Income Tax Amendment 2005 is administered in the
Ministry for Revenue