Section 2, The Finance Act, 2013

Section 2 of the Income Tax Act, 2000 is amended asfollows– (a) by the repeal and replacement of the definition of “branch” wherever it occurs by the following new definition- “permanent establishment of a non-resident person in Sierra Leone “ means a place in Sierra Leone where the person carries on business or that is at the disposal of the person for that purpose and includes– (a) a place in Sierra Leone where– (i) a person has, is using or is installing substantial equipment or machinery; (ii) a person is engaged in a construction, assembly or installation project for 90 days or more, including a place where the person is conducting supervisory activities in relation to such a project; (iii) an agent performs any function on behalf of a business of the person including, in the case of an insurance business, the collection of premiums or the insurance of risks situated in Sierra Leone , but excluding a case involving a general agent of independent status acting in the ordinary course of business as such; (b) the provision of services in Sierra Leone , but only if activities of that nature continue (for the same or a connected project ) for a period of 183 days or more in any 12 months period. (b) by the repeal and replacement of the definition of “natural resource payment” by the following new definition- “natural resource payment” means– (a) a rent, toll, royalty or other like payment payable under a lease or agreement which relates wholly or in part to the mining and working of minerals or a living or non-living resource of the land or sea; or (b) a payment calculated in whole or in part by reference to the quantity or value of minerals or living or non-living resource taken from the land or sea. of section 2 of Act No.8 of section 7 of Act No.16 of 1972. “ Tax clearance certificate No. 3 Finance Act 2013 No. 3 Finance Act 20134 5