Finance Act, 1979
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Amendment of section 439 (income under dispositions for short periods) of Income Tax Act, 1967. |
33.—As respects income tax for the year 1979-80 and any subsequent year of assessment, section 439 of the Income Tax Act, 1967 , is hereby amended by the insertion after subsection (1) of the following subsection : | |
“(1A) (a) This paragraph applies to a disposition or dispositions referred to in subsection (1) made, directly or indirectly, by a person (in this subsection referred to as the ‘disponer’) insofar as, by virtue or in consequence thereof, income is payable or applicable in a year of assessment, in the manner referred to in paragraph (iii) or (iv) of the said subsection (1), to or for the benefit of one or more descendants of the disponer. | ||
(b) Notwithstanding the provisions of the said subsection (1), in relation to a disponer, any income which is payable or applicable by virtue or in consequence of a disposition or dispositions to which paragraph (a) applies in excess of 5 per cent. of the total income of that disponer for the year of assessment shall be deemed for the purposes of this Act to be the income of the disponer, if living, and not to be the income of any other person. | ||
(c) In a case where this subsection has effect, in relation to any disponer, for the purpose of determining, for income tax purposes, the amount of income which remains the income of descendants of the disponer for a year of assessment by virtue or in consequence of a disposition or dispositions referred to in the said subsection (1), the aggregate of the income so remaining shall be apportioned amongst the descendants in the proportions of their entitlements under such disposition or dispositions for that year. | ||
(d) In this subsection ‘descendant’ means a child, or a child of a child, other than a child, or a child of a child, who is permanently incapacitated by reason of mental or physical infirmity.”. |