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| DOUBLE TAXATION (RELIEF) |
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Repealed by the Inland Revenue Act, No. 4 of 1963
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AN ACT TO ENABLE EFFECT TO BE GIVEN TO ARRANGEMENTS MADE WITH GOVERNMENTS OF FOREIGN TERRITORIES FOR THE AVOIDANCE OF DOUBLE TAXATION OR RELIEF THEREFROM, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
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| Act Nos, |
| 26 of 1950 |
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| 4 of 1963 |
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[20th October
, 1950 ]
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Short title.
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1. This Act may be cited as the Double Taxation (Relief) Act.
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Bringing into effect agreements for double taxation relief.
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2.
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(1) Where the Senate and the House of Representatives by resolutions approve any agreement, entered into between the Government of Ceylon and the Government of any other territory, for the purposes of affording relief from double taxation in relation to income tax and profits tax under Ceylon law and any taxes of a similar character imposed by the laws of that territory, the agreement shall, notwithstanding anything in any other written law, have the force of law in Ceylon in so far as it provides for relief from income tax or profits tax, or for charging the profits or income arising from sources in Ceylon to persons not resident in Ceylon or determining the profits or income to be attributed to such persons and their agencies, branches or establishments in Ceylon, or for determining the profits or income to be attributed to persons resident in Ceylon who have special relationships with persons not so resident.
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(2) Every agreement which is approved by resolutions under subsection (1) shall be published in the Gazette together with a notice that it has been so approved.
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(3) The Minister may, by Order published in the Gazette, make such provision as may be necessary for the purpose of implementing any agreement which by virtue of subsection (1) of this section has the force of law in Ceylon, including provision-
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(a) that the agreement and the Order shall have effect in respect of periods prior to the date of the execution or publication in the Gazette of the agreement; and
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(b) that any provision of any written law relating to income tax or profits tax shall have effect subject to such amendments or modifications as may be specified in the Order.
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Every Order made under this subsection shall have the force of law.
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(4) In any case where any agreement referred to in subsection (1) provides that tax payable under the laws of any territory outside Ceylon shall be allowed as a credit against any tax payable in Ceylon, the credit to be granted in respect of any Ceylon tax upon profits or income arising from any source shall not exceed the amount of the Ceylon tax payable in respect of such profits or income.
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(5) The agreement between the Government of the United Kingdom and the Government of Ceylon dated 26th July, 1950, the text of which was reproduced in Treaty Series No. 9 (1950) and tabled in the Senate and the House of Representatives on 15th August, 1950, and 3lst July, 1950, respectively, shall be deemed for all purposes to have been approved by the Senate and the House of Representatives under subsection (1) of this section, and shall have the force of law in Ceylon in terms of that subsection ; and the provisions of subsections (3) and (4) of this section shall apply accordingly to and in relation to that agreement.
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