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Law library · Sierra Leone · The Finance Act, 2007

Section 1: The Income Tax Act, 2000 is amended-

Status not yet checkedThe Finance Act, 2007, Sierra Leone

(a) in subsection (1) of section 46 thereof, by the substitution for the words “3 lst March” appearing therein, of the words “31st December”; (b) in section 69– (i) by the substitution for the word “fifteen” appearing in paragraph (b) of subsection (1) thereof; of the word “twenty” and (ii) by the substitution for the word “ten” appearing in paragraph (b) of subsection (2) thereof, of the word “fifteen”; (c) by the repeal and replacement of subsections (1), (2) and (3) of section 113 thereof, by the following:– 113 (1) A taxpayer who derives or expects to derive business income in a year of assessment shall make an estimate of chargeable business income and turnover- (a) for the year of assessment on or before 31st January, of the year of assessment or for a taxpayer using a substituted year of assess- “Instalments of income tax. Non-Citizen (Registration, Immigration and Expulsion) Act, 1965 (Act No. 14 of 1965) Civil Aviation Act, 1966 (Act No. 33 of 1966) Building Fees Act, 1973 (Act No. 23 of 1973) Factories Act, 1974 (Act No. 3 of 1974) National Registration Act, 1974 (Act No. 20 of 1974) Births and Deaths Registration Act, 1983 (Act No. 11. of 1983 ) Forestry Act, 1988 (Act No.7 of 1988) Constitution of Sierra Leone, 1991 (Act No. 6 of 1991) Fisheries (Management and Development) Act, 1994 (Act No. 19 of 1994) Mines and Minerals Act, 1994 (Act No. 5 of 1994) Standards Act, 1996 (Act No. 2 of 1996) Sierra Leone Maritime Administration Act, 2000 (Act No. 11 of 2000) Pharmacy and Drugs Act, 2001 (Act No. 12 of 2001) National Commission for Privatisation Act, 2002 (Act No. 12 of 2002) Merchant Shipping Act, 2003 (Act No. 3 of 2003) No. 9 Finance Act 2007 No. 9 Finance Act 20074 (a) for a taxpayer not using a substituted year of assessment, on 15th March, 15th June, 15th September, and 15th December; and (b) for a taxpayer using a substituted year of assessment on the 15th day of the third, sixth, ninth and twelfth months of the substituted year of assessment”. (d) by the insertion immediately after section 123 of the following section:– 123A. The purchaser of real property shall withhold tax at the rate specified in Part IV of the First Schedule which is hereby amended by the insertion of the following at the end thereof:– (i) under “Type of payment”, insert “real property ” and (ii) under “Rate” insert “10%”; (e) in section 128, by the insertion immediately after subsection (3) thereof of the following subsections:– “(4) Without prejudice to section 129, where a withholding agent– (a) fails to withhold tax under subsection (1) of that section; or . “Purchase of real property. (2) Notwithstanding any enactment to the contrary, the Commissioner-General or the employee of the Authority referred to in subsection (1) shall have free access, at all reasonable times, to all files, documents and other records relating to the assessment and collection of any revenue or other moneys referred to in paragraph (aa) of subsection (2) of section 12, and shall be entitled to require and receive from the staff of the department referred to in subsection (1), such information,, reports and explanation as he may think necessary for the proper performance of his functions. 15B. The Authority is hereby substituted for any Ministry, department or other governmental agency specified in any enactment set out in the Second Schedule as the recipient of any revenue or other monies payable thereunder. 15C. (1) Notwithstanding anything to the contrary contained in any enactment or other laws under which a public body exists, the Authority shall collect as revenue, any money administered by or in the hands of that body which the Minister, after consultation with the appropriate Minister or the National Commission for Privatisation, as the case may be, may specify by statutory instrument as being in excess of the amount required for the purposes of that body. (2) In this section, “public body” includes a public enterprise and a body established by or under an Act of Parliament or in which the Government holds the majority interest”. (c) by renumbering the existing Schedule as the First Schedule and inserting immediately thereafter the following as the Second Schedule– Substitution of Authority for Ministry, department, etc. Collection of payment by public bodies to Government. No. 9 Finance Act 2007 No. 9 Finance Act 20076 7

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