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6 1967

INCOME TAX ACT, 1967

PART V

Schedule E and Principal Provisions Relating Thereto

Chapter I

Charge to Tax, etc.

Schedule E.

109. —This Schedule referred to in this Act as Schedule E is as follows—

Schedule E

1. Tax under this Schedule shall be charged in respect of every public office or employment of profit, and in respect of every annuity, pension, or stipend payable out of the public revenue of the State, other than annuities charged under Schedule C, for every twenty shillings of the annual amount thereof.

2. Tax under this Schedule shall also be charged in respect of any office, employment or pension the profits or gains arising or accruing from which would be chargeable to tax under Schedule D but for the proviso to section 52.

3. In this Schedule the word “annuity” and the word “pension” include respectively an annuity which is paid voluntarily or is capable of being discontinued and a pension which is so paid or is so capable.

4. The preceding provisions of this Schedule are without prejudice to any other provision of this Act directing tax to be charged under this Schedule, and tax so directed to be charged shall be charged accordingly.

5. The provisions of Schedule 2 shall apply in relation to the tax to be charged under this Schedule.

Persons chargeable and extent of charge.

110. —(1) Tax under Schedule E shall be annually charged on every person having or exercising an office or employment of profit mentioned in that Schedule, or to whom any annuity, pension, or stipend, chargeable under that Schedule, is payable, in respect οf all salaries, fees, wages, perquisites or profits whatsoever therefrom and shall be computed:—

(a) in the case of emoluments to which the provisions of Chapter IV of this Part are applied by section 125, on the amount of those emoluments for the year of assessment, and not otherwise;

(b) in the case of any office or employment held or exercised occasionally or intermittently in the State by a person who is not continuously resident there, on the amount of all such salaries, fees, wages, perquisites or profits whatsoever therefrom for the year of assessment;

(c) in any other case, subject to the provisions of section 111, on the amount of all such salaries, fees, wages, perquisites or profits whatsoever therefrom for the year preceding the year of assessment,

after deducting the amount of duties or other sums payable or chargeable on the same by virtue of any statute, where the same have been really and bona fide paid and borne by the party to be charged.

(2) In this section “emoluments” means anything assessable to income tax under Schedule E.

Basis of assessment.

111. —(1) In the case of income tax chargeable under Schedule E in respect of any office or employment held by any person, or any annuity, pension or stipend to which any person is entitled, tax shall, in the class of case referred to in section 110 (1) (c) and subject as hereinafter provided, be computed—

(a) as respects the year of assessment in which the person first holds the office or employment or becomes entitled to the annuity, pension or stipend, on the amount of his emoluments for that year;

(b) as respects subsequent years of assessment on the full amount of the emoluments for the year preceding the year of assessment, provided that where the person first held the office or employment or became entitled to the annuity, pension or stipend in the year preceding the year of assessment the computation shall be made on the amount of the emoluments for the year of assessment, provided also that, where the person first held the office or employment or became entitled to the annuity, pension or stipend in the year next before the year preceding the year of assessment, he shall be entitled on giving notice in writing to the inspector within twelve months after the end of the year of assessment, to be charged on the amount of the emoluments for the year of assessment.

(2) Where in any year of assessment a person ceases to hold an office or employment or to be entitled to an annuity, pension or stipend chargeable under Schedule E, tax shall be charged for that year on the amount of his emoluments for the period beginning on the 6th day of April in that year and ending on the date of the cessation and, if tax has been charged otherwise than in accordance with this provision, any tax overpaid shall be repaid, or an additional assessment may be made, as the case may require.

(3) In the case of the death of a person in whose case, if he had not died, tax would, under the provisions of subsection (2) have become chargeable for any year, the tax which would have been so chargeable shall be assessed and charged upon his executors or administrators, and shall be a debt due from and payable out of his estate.

(4) In this section “emoluments” means all salaries, fees, wages, perquisites or profits or gains whatsoever arising from an office or employment, or the amount of any annuity, pension or stipend as the case may be.

Making of deductions.

112. —(1) Any deduction from emoluments allowed under this Act for the purpose of computing an assessment to income tax under Schedule E shall be made by reference to the amount paid or borne for the year or portion of the year upon the emoluments of which the computation is made.

(2) In this section “emoluments” has the same meaning as in section 111.

Appeal against amount of deduction.

113. —(1) Any person charged to income tax under Schedule E may appeal to the Special Commissioners against the amount of tax deducted from his emoluments for any year.

(2) The Special Commissioners shall hear and determine an appeal to them under subsection (1) as if it were an appeal to them against an assessment to income tax and the provisions of this Act relating to the rehearing of an appeal or the statement of a case for the opinion of the High Court on a point of law, shall, with the necessary modifications, apply accordingly.