Section 3, Act, 1964, and shall come into force on the first day of Aprl: ment and

Section 8 of the principal Act is hereby amended Amendmentof section 8 (a) by repealing and replacing subsection (1) thereof by of Cap. 273. the following new subsections- (1) Where a person not resident in Sierra Leone carries on through a permanent establishment in Sierra Leone any trade or business part of the operations of which are or may be carried on outside Sierra Leone the Commissioner may at his discretion assesS and charge such permanent establishment (irrespective of the fact that it may be constituted as a legally distinct company or body corporate) either- (a) on the profts or gains actually arising from its trade or business in Sierra Leone, or A 11 (6) on a percentage to be determined by the Com missioner not exceeding two per centum of the turnover of its trade or business in Sierra Leone without regard to any actual profits, gains or losses, or (c) where such permanent establishment appears to the Commissioner to be part of a group, on that proportion of the total consolidated profits or gains of the whole group which corresponds to the proportion which the turnover of such establishment in Sierra Leone bears to the total consolidated turnover of the whole group: A 12 No. 4 of section9of Cap. 273. of Cap. 273. Income Tax (Anendment) means Provided that the Commissioner may in determining the proportion of profits attributa ble to- such permanent establishment increase or decrease the same to take account of any considerations which may appear to him to be relevant in the circumstances. (2) In any case where it appears to the Commis sioner that a resident person doing trade or business in Sierra Leone is part of a group, tax may be assessed and charged under the provisions of paragraph (c) of subsection (|) as if such person was a permanent establishment of a non-resident perSon. (3) For the purposes of this section group whose Commercial,of personsgroup cconomic, or financial interests are SO closely associated that it appears to the Commissioner likely that the member or mnembers of the group operating in Sierra Leone, may, with a view to conferring some benefit on other members of the group or on the group as a whole, be SO arranging its or their affairs as to nake a lower profit in Sierra Leone than it or they would make if it or they were totally independent a (b) by renumbering subsections (2) to (6) thereof as subsections (4) to (8) respectively.