Fifth Schedule, The Income Tax Act, 2000

I NTERNATIONAL S HIPPING, TRANSPORT, AND COMMUNICATIONS 1. Where, for any period, a non-resident person who carries on the business of shipowner or charterer produces the certificate mentioned in paragraph 2, the profits accruing in Sierra Leone from the business for such period before deducting any allowance for wear and tear, shall be a sum bearing the same ratio to the sums receivable in respect of the carriage of passengers, mails, livestock, and goods shipped in Sierra Leone as the ratio for the said period shown by that certificate of the total profits to the total sum receivable by him in respect of the carriage of [missing lines] a) [missing words] livestock or goods, and b) the ratio of the allowance for wear and tear as computed by that authority to the said total sums receivable in respect of the carriage of passengers, mails, livestock and goods. 3. Where at the time of assessment the provisions of paragraph 1 cannot be satisfactorily applied, the profits accruing in Sierra Leone shall be computed as five percent of the full sum receivable on account of the age of passengers, mails, livestock and goods shipped in Sierra Leone. 4. Where any person has been assessed for any year of assessment by reference to paragraph 3, he shall be entitled to claim at any time within six years after the end of such year of assessment that his liability to tax for that year be recomputed on the basis provided by paragraph 1. 5. Where the Commissioner decides that the call of a ship belonging to a particular non-resident shipowner or charterer at a port in Sierra Leone is casual and that further calls by that ship or others in the same ownership are improbable, the provisions of this Schedule shall not apply to the profits of such ship and no tax shall be chargeable thereon. 6. (a) The master of the ship, or the agent or other representative in Sierra Leone of the shipowner or charterer shall make a return of the amount [line missing]. (b) If such return is not made, or if the Commissioner is not satisfied with the return, he may determine the amount of tax payable. (c) The master, agent, or representative, as agent for the owner or charterer, may be assessed upon the taxable income and shall be liable to pay the tax assessed. (d) Where the assessment is made on the agent or representative, and the tax is not paid upon receipt of notice of the assessment, the master shall be liable to pay the tax. (3) Subparagraph (d) shall not, so long as any tax for which the master becomes liable under this paragraph remains unpaid, relieve any other person to whom the notice of assessment has been given in respect of that tax, from liability to pay the tax remaining unpaid. (f) A collector or officer of customs shall not grant a clearance to the ship until he is satisfied that any tax which has been or may be assessed under this Schedule has been paid, or that arrangements for its payment have been made to the satisfaction of the Commissioner. 7. Where a non-resident person carries on the business of air transport or the business of the transmission of messages by cable or by any form of wireless apparatus, he shall be assessable to tax as if he were a non-resident shipowner and the provisions of this Schedule shall apply mutatis mutandis to the computation of the gains or profits of such business.