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Chapter III · Exemption from Income Tex

20. Exemption of the profit and income of any new industrial undertaking

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The profits and income within the meaning of paragraph (a) of section 3, (other than any profits and income from the sale of any capital asset,) of any company, form any new undertaking referred to in subsection (2), shall be exempt from income tax for every year of assessment falling within the period determined in accordance with subsection (3) and subsection (4).

(2)

For the purpose of subsection (1), a “new undertaking”

in relation to any company and to any year of assessment, means an undertaking—

(a)

carried on by such company ;

(b)

located in any area outside the administrative districts of Colombo and Gampaha and specified in part A or Part B of the Second Schedule to this section ;

(c)

in which the sum invested before April 1, 2008 –

(i)

in any plant, machinery, furniture, building or land used in such undertaking, where such undertaking is an agricultural undertaking ; or

(ii)

in any plant, machinery, furniture or building used in such undertaking, where such undertaking is an undertaking other than an agricultural undertaking, is not less than thirty million rupees ;

(d)

not formed by the splitting up or reconstruction or acquisition of any undertaking which was previously in existence ;

(e)

in which the number of employees employed at any time prior to April 1, 2008 and thereafter throughout that year of assessment, is not less than –

(i)

fifty, where such undertaking is an undertaking for the provision of information technology enabling services or printing on paper or the manufacture of any packing materials ; or

(ii)

two hundred, where such undertaking is an undertaking other than an undertaking referred to in subparagraph (i).

(3)

Where the sum invested in accordance with paragraph (c) of subsection (2) falls within the range specified in any entry in Column I of the First Schedule hereto, the period for which the profits and income are exempt from income tax, shall be the period specified in the corresponding entry —

(a)

in sub Column A of Column II, where the undertaking referred to in that subsection is located within any administrative district referred to in Part

A of the Second Schedule hereto ; and

(b)

in sub Column B of Column II, where the undertaking referred to in that subsection is located within any administrative district referred to in Part

B of the Second Schedule hereto.

FIRST SCHEDULE

Column I

Column II

Sum invested in rupees million

Period in years

Sub Column A

Sub Column B

More than 30 but not more than 50 5 7

More than 50 but not more than 100 6 8

More than 100 8 10

SECOND SCHEDULE

Part A

Part B

(4)

The period specified in each entry in sub-Column A or sub-Column B of Column II of the First Schedule to subsection (3), shall commence from the commencement of the year of assessment —

(a)

in which the new undertaking referred to in subsection (1) commences to make profits from the transactions entered into in that year of assessment ;

or

(b)

which occurs not later than three years reckoned from the commencement of the year of assessment in which such undertaking commences commercial operations, whichever occurs earlier.

Any administrative district, part of the boundary of which overlaps with part of the boundary of the administrative district of Colombo or of Gampaha.

Any administrative district other than –

- any administrative district specified in part A and

- administrative districts of

Colombo and Gampaha

Chapter IV

Ascertainment of Profits or Income

Chapter V

Ascertainment of Total Statutory Income

Chapter VI

Ascertainment of Assesable Income

Chapter VII

Ascertainment of Taxable Income

Chapter VIII

Chapter IX

Special Provisions Relating to the Taxation of Certain Profits and of Dividends Out of Such Profits

Chapter X

Companies

Chapter XI

Special Cases a – Children

Chapter XII

Chapter XIII

Payment of Tax by Self-Assessment

Chapter XIV

Deduction of Income Tax from Remuneration of Employees by Employers

Chapter XV

Provisions Relating to the Payment of Income Tax by a Government Institution

Chapter XVI

Deductions from Interest Paid by Banks and Financial Institutions

Chapter XVII

Deduction of Income Tax from Specified Fees Paid by Specified Persons

Chapter XVIII

Chapter XIX

Chapter XX

Deduction of Income Tax from Any Annuity or Royalty Paid or Any Management Fee Paid or Similar Payment Made by Any Person or Partnership

Chapter XXI

Retention of Moneys in Certain Provident Funds

Chapter XXII

Assessments

Chapter XXIII

Appeals A-Appeals to the Commissioner-General

Chapter XXIV

Finality of Assessments and Penalty for Incorrect Returns

Chapter XXV

Tax in Default and Sums Added Thereto

Chapter XXVI

Recovery of Tax

Chapter XXVII

Miscellaneous

Chapter XXVIII

Repayment

Chapter XXIX

Penalties and Offences

Chapter XXX

Administration

Chapter XXXI

General

Chapter XXXII

Interpretation

Chapter XXXIII

Application of the Inland Revenue Act…

Schedules