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As enacted
Contents

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

45. Rates of income tax on profits from certain undertakings carried on by a person other than a company

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where the taxable income of any person other than a company for any year of assessment includes any profits and income within the meaning of paragraph (a) of section 3

from any–

(a)

agricultural undertaking;

(b)

undertaking for the promotion of tourism ; or

(c)

undertaking for construction work , hereinafter in this section referred to as “specified profits”, such specified profits shall be chargeable with tax at the appropriate rate specified in the Fifth Schedule to this Act, notwithstanding anything to the contrary in any other provision of this Act.

(2)

For the purposes of subsection (1)—

(a)

“agricultural undertaking” includes any undertaking for—

(i)

fishing; and

(ii)

provision of the services of management to any undertaking for cultivating land with plants of whatever description ;

(b)

profits and income from any agricultural undertaking means–

(i)

in the case of an undertaking referred to in sub-paragraph (ii) of paragraph (a), the profits and income from fees for providing the services of management; and

(ii)

in any other case, the profits and income from the sale of produce of such undertaking without subjecting such produce to any process of production or manufacture;

(c)

“undertaking for construction work” means an undertaking carried on by a resident person for the construction of any–

(i)

building;

(ii)

roads or bridges; or

(iii)

water supply, drainage or sewerage system;

(d)

“undertaking for the promotion of tourism” means an undertaking for the operation of–

(i)

any hotel or guest house approved by the

Ceylon Tourist Board;

(ii)

any restaurant graded by the Ceylon Tourist

Board as being in “Class A” or “Class B”;

(iii)

any business of travel agent;

(iv)

any business of transporting tourists; or

(v)

any business approved by the Ceylon Tourist

Board for providing facilities for recreation or sports.

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