Tajuk Tarikh Kuatkuasa Tarikh Kuatkuasa Kategori Tamat

: 44. Total income. : : : Rujukan Perundangan\Akta Cukai Pendapatan 1967 - Seksyen\PART III - ASCERTAINMENT OF CHARGEABLE INCOME\Chapter 6 - Aggregate income and total income\

Rencana

Akta Cukai Pendapatan 1967 (Akta 53) Pindaan Sehingga Akta 702 Tahun 2010 Tarikh Keluaran Title Part Chapter Section : : : : : Income Tax Act PART III - ASCERTAINMENT OF INCOME CHARGEABLE

Chapter 6 - Aggregate income and total income 44. Total income.
Total income. [Am. Act 309; Act 323; Act 328; Act 364; Act 420; Act 421; Act 451; Act 476 Act 591 Act 644; Act 661; Act 683; Act 693]

44. (1) The total income of a person for a year of assessment (that person and year of assessment being in this section referred to as the relevant person and the relevant year respectively) shall consist of the amount of his aggregate income for the relevant year reduced(a) first, by any deduction falling to be made for the relevant year pursuant to subsection (2); (b) next, by any deduction falling to be so made pursuant to Schedule 4 , or 4B; History Paragraph 44(1)(b) amended by Act 644 of 2005 s9(a), by substituting for the words ", 4A, 4B or 4C" in paragraph (b) of subsection (1) the words ", or 4B", shall have effect for the year of assessment 2006 and subsequent years of assessment. Paragraph (1)(b) amended by Act 591 of 1998 s6(a), by substituting for the words " or 4B " the words ", 4B or 4C", shall have effect for the year of assessment 2000 and subsequent years of assessment.

History Paragraph 44(1)(c) amended by Act 644 of 2005 s9(a).4A or 4B". Paragraph 44(1)(c) amended by Act 557 of 1997 s10( a ). has effect for the year assessment 2008. (11B) and (11C)". by . shall have effect for year of assessment 1997 and subsequent years of assessment. (c) next.(9). shall have effect for the year of assessment 2006 and subsequent years of assessment. (d) next. shall have effect for the year of assessment 1995 and subsequent years of assessment. shall have effect for the year of assessment 1995 and subsequent years of assessment. by deleting the word "and" at the end of paragraph (b). by any deduction falling to be so made pursuant to subsection (6) or (6A) and. by deduction falling to be so made pursuant to subsection (8).2009 and 2010. Paragraph 44(1)(d) amended by Act 644 of 2005 s9(a).Paragraph 44(1)(b) amended by Act 531 of 1995 s8(a)(i ). History Paragraph 44(1)(d) is amended by s2(a) Act 1349 of 2009 . Paragraph 44(1)(d) is amended by s15(a). by substituting for the words "or 4A" in paragraph (b) of subsection (1) the words ". Act 661 of 2006 by substituting for the words "or (11A)" the words ". shall have effect for the year of assessment 1992 and subsequent years of assessment. (11B) or 11(C). by deleting the word “and” at the end of that paragraph. Paragraph 44(1)(c) substituted by Act 531 of 1995 s8(a)(ii). by any deduction falling to be so made pursuant to subsection (6)". by deleting the word "and" at the end of that paragraph. (10). Paragraph 44(1)(c ) formerly read: "(c) thereafter. by inserting after the word "(6)" the words "or (6A)". and shall have effect for the year of assessment 2007 and subsequent years of assessment.(11A). Paragraph 44(1)(b) amended by Act 451 of 1991 s11(a). (11A).

(f) thereafter. by any deduction falling to be so made pursuant to section 44B. Paragraph 44(1)(d) inserted by Act 531 of 1995 s8(a)(iii). Previously there is no word (11A). (e) next. by any deduction falling to be so made pursuant to section 44A. by substituting for the full stop at the end of that paragraph the words ". History Paragraph 44(1)(f) is inserted by s2(c) Act 1349. shall have effect for the year of assessment 2006 and subsequent years of assessment. in respect of an individual.2009 and 2010. and History Paragraph 44(1) (e) is amended by s4(b) Act 1349 of 2009– (i) and by substituting for the word “thereafter” the word “next”.". Paragraph 44(1)(d) amended by Act 644 of 2005 s9(a). by any deduction falling to be so made pursuant to subsection (8).2009 and 2010.and". Paragraph (1)(d) substituted by Act 639 of 2004.substituting for the word "thereafter" the word "Next". (ii) by substituting for the full stop at the end of that paragraph the words “. shall have effect for the year of assessment 2006 and subsequent years of assessment. has effect for the year assessment 2008. Paragraph (1)(d) substituted by Act 578 of 1998 s11(a). and”. Paragraph (1)(d) formerly read: "(d) thereafter.. . has effect for the year assessment 2008. shall have effect for the year of assessment 2006 and subsequent years of assessment. Paragraph 44(1)(e) inserted by Act 644 of 2005 s9(a). shall have effect for the year of assessment 1998 and subsequent years of assessment. shall have effect for the year of assessment 2005 and subsequent years of assessment. shall have effect for the year of assessment 1995 and subsequent years of assessment.

as the case may be.(2) Subject to subsections (3) and (5). (5A) The amount ascertained under subsection (4) or (5) for any relevant year in respect of a company shall be disregarded for the purposes of section 43 unless the Director General is satisfied that the shareholders of that company on the last day of the basis period for that relevant year in which such amount is ascertained were substantially the same as the shareholders of that company on the first day of the basis period for the year of assessment in which such amount would otherwise be deductible under that section and such amount . there shall be deducted pursuant to this subsection from the aggregate income of the relevant person for the relevant year the amount of any adjusted loss from a source of his for the basis period for the relevant year or. so much of that amount as is equal to that aggregate income shall be deducted pursuant to subsection (2) and there shall be ascertained for the purposes of section 43 the amount of that excess. where there is an adjusted loss from each of two or more sources of his for the appropriate basis period for each source for the relevant year. (4) Where the relevant person has no aggregate income for the relevant year. there shall be ascertained for the purposes of section 43 the amount of any adjusted loss from a source of his for the basis period for the relevant year or the aggregate of any adjusted loss from each of his sources for its appropriate basis period for the relevant year. the amount of the adjusted loss from that source for the basis period for the relevant year shall be taken to be reduced by a sum which bears the same proportion to that amount as the length of the period of the overlap bears to the length of the basis period for the relevant year and the amount of that loss as so reduced shall be taken to be the amount of the adjusted loss from that source for the basis period for the relevant year. the aggregate of the adjusted loss from each of those sources for its appropriate basis period for the relevant year. (3) For the purposes of subsection (2). (5) Where the amount referred to in subsection (4) exceeds the relevant person's aggregate income for the relevant year. which would have fallen to have been deducted pursuant to subsection (2) but for the absence of aggregate income. where in relation to a source the basis period for the relevant year overlaps the basis period for the immediately preceding year of assessment.

a local authority or an institution or organisation approved for the . a State Government. (5D) Where there is a substantial change in the shareholders of a company referred to in subsection (5A). (5C) and (5D) inserted by Act 644 of 2005 s9(b) shall have effect for the year of assessment 2006 and subsequent years of assessment. (5B). (6) Subject to subsection (12).disregarded shall not be allowed as a deduction in subsequent years of assessment. (5C) In subsection (5B). and (ii) more than fifty per cent of the nominal value of the allotted shares in respect of ordinary share in the company is held by or on behalf of the same persons. or (b) a fixed rate per cent of the profits of the company. there shall be deducted pursuant to this subsection from the aggregate income of a person for the relevant year reduced by any deduction falling to be made for that year in accordance with subsection (1) an amount equal to any gift of money made by him in the basis year for that year to the Government. the Minister may under special circumstances exempt that company from the provisions of that subsection. (5B) For the purpose of subsection (5A)(a) the shareholders of the company at any date shall be substantially the same as the shareholders at any other date if on both those dates(i) more than fifty per cent of the paid-up capital in respect of the ordinary share of the company is held by or on behalf of the same persons. and (b) shares in the company held by or on behalf of another company shall be deemed to be held by the shareholders of the last mentioned company. History Paragraph 44(5A). “ordinary share” means any share other than a share which carries only a right to any dividend which if of(a) a fixed amount or at a fixed rate per cent of the nominal value of the shares.

. has effect for the year of assessment 2008 and subsequent years of assessment. or (b) in the case of a company. by substituting for the full stop at the end of the subsection a colon.purposes of this section by the Director General on the application of the institution or organisation concerned: History Subsection (6) amended by Act 608 of 2000 s8(a)(i). ten per cent of the aggregate income of that company in the relevant year. has effect for the year of assessment 2009 and subsequent years of assessment. by substituting for the word "company" wherever appearing the word "person".". with effect from year of assessment 2001. Provided that the amount to be deducted from the aggregate income for the relevant year in respect of any gift of money made to any institution or organization approved for the purposes of this section by the Director General shall not exceed― (a) in the case of a person other than a company. The proviso previously read: "Provided that the amount to be deducted from the aggregate income of a company for the relevant year in respect of any gift of money made by that company to any institution or organisation approved for the purposes of this section by the Director General shall not exceed seven per cent of the aggregate income of the company in the relevant year. Proviso to subsection 44(6) is amended by s15(b). seven per cent of the aggregate income of that person in the relevant year. Proviso to subsection (6) is amended by Act 683 of 2007 s10(a). Act 661 of 2006 by substituting for the word "five" the word "seven" and shall have effect for the year of assessment 2007 and subsequent years of assessment. History Proviso to subsection (6) is substituted by Act 693 of 2009 s 16(a).

shall have effect for the year of assessment 1995 and subsequent years of assessment. 4B or 4C ". by deleting the proviso. with effect from year of assessment 2001. shall have effect for the year of assessment 1994 and subsequent years of assessment. Proviso to subsection 44(6) inserted by Act 513 of 1994 s8(b). Subsection (6) amended by Act 1093 of 2000 s7(a)(iii).Proviso is inserted after subsection (6) by Act 608 of 2000 s8(a)(ii). Subsection (6) amended by Act 1093 of 2000 s7(a)(iv). by substituting the colon at the end of the subsection a full stop. by substituting for the full stop a colon. by substituting the words "pursuant to subsection (2) or Schedule 4. Subsection 44(6) amended by Act 451 of 1991 s11(b). 4A or 4B". Subsection 44(6) amended by Act 513 of 1994 s8(a). Subsection (6) amended by Act 591 of 1998 s6(b). with effect from year of assessment 2001. 4B or 4C. by substituting for the words " or 4B. 4A. there". Subsection (6) amended by Act 1093 of 2000 s7(a)(ii). shall have . [Subsection (6) amended by Act 1093 of 2000 s7(a)(i). by substituting for the words "31st January 1994" the words "30th June 1994". shall have effect for the year of assessment 2000 and subsequent years of assessment. with effect from year of assessment 2001. by substituting for the words "subsection (2). there shall be given a further deduction of an amount equal to that gift of money". with effect from year of assessment 2001. Proviso to subsection (6) formerly read: "Provided that in respect of any gift of money made by him during the period from the 1st November 1993 to the 30th June 1994 to the Government low-cost housing fund managed by the Central Bank of Malaysia. with effect from year of assessment 2001. Schedule 4 or 4A" the words "subsection (2) or Schedule 4. Proviso to subsection 44(6) amended by Act 531 of 1995 s8(b). shall have effect for the year of assessment 1994 and subsequent years of assessment." the words "." the words "in accordance with subsection (1)". by substituting the word "There" the words "Subject to subsection (12).

(6A) Subject to subsection (12). an amount equal to any gift of money of the kind mentioned in this subsection. Section 44 amended by Act 451 of 1991 s11(c ). by substituting for the words " or 4B. Subsection (6A) amended by Act 591 of 1998 s6(c)." the words ". 4B or 4C ". Proviso to subsection 44(6) formerly read: " Provided that where the statutory income from an employment. manuscript or painting made by him in the basis year for that year to the Government or State Governmant. 4A. there shall be deducted from such statutory income or the aggregate of such statutory income. by substituting the words "pursuant to subsection (2) or Schedule 4. 4B or 4C. as the case may be. with effect from year of assessment 2001. there shall be deducted pursuant to this subsection from the aggregate income of a person for the relevant year reduced by any deduction falling to be made for that year in accordance with subsection (1) an amount equal to the value. as determined by the Department of Museums Malaysia or the National Archives of any gift of artefact. by substituting for the words "Department of Museum and Antiquities" the words "Department of Museums Malaysia". there". with effect from year of assessment 2001. pension or profession falls to be assessed in the name of an individual’s wife for the relevant year pursuant to section 45(4).effect for the year of assessment 1992 and subsequent years of assessment.". by substituting the word "There" the words "Subject to subsection (12). . come into force on 29 December 2007 Subsection (6A) amended by Act 1093 of 2000 s7(b)(i). shall have effect for the year of assessment 1991 and subsequent years of assessment. by substituting for the colon immediately after the word "concerned" in subsection (6) a full stop and deleting the proviso thereto." the words "in accordance with subsection (1)". History Subsection (6A) is amended by Act 683 of 2007 s 10(b). Subsection (6A) amended by Act 1093 of 2000 s7(b)(ii). made by her in the basis year for that year.

Subsection 44(6A) inserted by Act 557 of 1997 s10( b ). manuscript or painting". appeal to the Minister and the Minister may make any decision as he considers fit. (e) a Government-assisted institution engaged in socioeconomic research. the institution or organization may. (6B) Where an institution or organization is aggrieved by the decision of the Director General in respect of an application made under subsection (6). (c) a university or other educational institution.shall have effect for the year of assessment 2000 and subsequent years of assessment. prevention or cure of disease in human beings. by substituting for the words "or manuscript" the words ". or . shall have effect for the year of assessment 1998 and subsequent years of assessment. History Paragraph 44(7)(d) amended by Act 531 of 1995 s8(c )(i). come into force on 29 December 2007 (7) In subsection (6)"institution" means an institution in Malaysia which is not operated or conducted primarily for profit and which is(a) a hospital. (d) a public authority or society engaged solely in research or other work connected with the causes. History Subsection 44(6B) is inserted by Act 683 of 2007 s10(c). by deleting the word "or" at the end of paragraph (d). shall have effect for the year of assessment 1995 and subsequent years of assessment. Subsection (6A) amended by Act 578 of 1998 s11(b). (b) a public or benevolent institution. shall have effect for year of assessment 1997 and subsequent years of assessment. within thirty days after being informed of the decision.

when constructed. shall have effect for year of assessment 1997 and subsequent years of assessment. research work or other similar work in an institution or in what would be an institution if it were in Malaysia. by inserting the word "or" at the end of paragraph (e). (f) a technical or vocational training institution. or (c) an organization established and maintained exclusively to administer and augment a fund established and held solely for the construction. or (b) an organization established and maintained exclusively to administer and augment a public fund established or held solely for the relief of distress among members of the public. "organization" means an organisation in Malaysia which is not operated or conducted primarily for profit and which is(a) an organization established and maintained exclusively to administer and augment a public or private fund established or held for the sole purpose of the establishment. and .History Paragraph 44(7)(e) amended by Act 531 of 1995 s8(c )(ii). enlargement or improvement of an institution or solely for the provision of a scholarship. Paragraph 44(7)(f) formerly read: " (f) a technical or vocational training institute established and maintained by a statutory body" . improvement or maintenance of a building in Malaysia which(i) is intended to be used (and.exhibition or prize for an individual for educational work. shall have effect for the year of assessment 1995 and subsequent years of assessment. History Paragraph 44(7)(f) substituted by Act 557 of 1997 s10( c ). Paragraph 44(7)(f) inserted by Act 531 of 1995 s8(c )(iii). is used) exclusively for the purposes of religious worship or the advancement of religion. shall have effect for the year of assessment 1995 and subsequent years of assessment.

or History Subsection 44(7) amended by Act 476 of 1992 s7(b). (f) a Government-assisted organization engaged solely in addressing problems relating to industrial and commercial development and promoting and enhancing the relationship between the public sector and the private sector. or History Paragraph 44(7)(f) inserted by Act 476 of 1992 s7(c ). or (d) an organization which maintains or assists in maintaining a zoo. History Subsection 44(7) amended by Act 476 of 1992 s7(a). by deleting the word "or" at the end of paragraph (d) in the definition of the word "organisation". Paragraph 44(7)(g) inserted by Act 476 of 1992 s7(c ). (g) a Government-assisted organization established and maintained exclusively to administer and augment a fund established or held solely for promoting national unity. (e) an organization engaged in or in connection with the conservation or protection of animals. shall be deemed to have come into force on the 1st January 1990. when constructed. shall . is open) to any member of the public for those purposes. or". shall be deemed to have come into force on the 1st January 1990. or History Definition of "organization" in paragraph 44(7)(g) amended by Act 513 of 1994 s8(c ). or". by substituting for the full stop at the end of paragraph (g) the punctuation mark and word ". museum. shall be deemed to have come into force on the 1st January 1990. shall have effect for the year of assessment 1994 and subsequent years of assessment.(ii) is intended to be open (and. by substituting for the full stop at the end of paragraph (e) in the definition of the word "organisation" the word ". art gallery or similar undertaking or is engaged in or in connection withthe promotion of culture or the arts.

or".be deemed to have come into force on the 1st January 1990. or (j) an organization established and maintained exclusively to administer or augment a fund established or held for the purpose of carrying out projects towards the acculturation of the community in information and communication technology. approved by the Minister. or insufficient means. provided that such profits or income derived therefrom shall be used solely for charitable purposes or for the primary purpose of the . History Paragraph 44(7)(i). or History Subsection (7) amended by Act 608 of 2000 s8(b)(i). or participation in. (7A) An institution or organisation referred to in subsection (7) (a) may apply not more than twenty-five per cent of its accumulated funds as at the beginning of the basis period for the year of assessment for the carrying on of. to pay for the cost of the medical treatment required by such individual to treat a serious disease as defined in section 46(2). or (k) a benevolent fund or trust account established or held for the sole purpose of providing relief or aid to an individual who has no. Paragraph 44(7)(h) inserted by Act 513 of 1994 s8(d). (i) an international organization as defined under the International Organization (Privileges and Immunities) Act 1992 carrying out such charitable activities as determined by the Minister. shall come into force on the 1st January 1994. (h) an organization established exclusively for the conservation or protection of the environment. with effect from year of assessment 2001. or insufficient means. or in the case of a dependent individual whose parents or guardian has no. shall have effect for the year of assessment 2001 and subsequent years of assessment. by substituting for the full stop at the end of paragaraph (h) the words ". a business. (j) and (k) inserted by Act 603 of 2000 s8(b)(ii).

by substituting the word "There" the words "Subject to subsection (12)." the words "in accordance with subsection . there".institution or organisation for which it was established. and in respect of contributions to public libraries and libraries of schools and institutions of higher education. History Subsection (7A) and (7B) inserted by Act 608 of 2000 s8(c). (7B) The reference to the carrying on of. or (b) the work in connection with the business is mainly carried on by persons for whose benefit the institution or organisation was established. or (b) may carry out charitable activities outside Malaysia with the prior consent of the Minister. (8) Subject to subsection (12). shall have effect for the year of assessment 2006 and subsequent years of assessment. 4A. for the provision of library facilities which are accessible to the public. by substituting the words "pursuant to subsection (2) or Schedule 4. Subsection (8) amended by Act 1093 of 2000 s7(c)(ii). there shall be deducted pursuant to this subsection from the aggregate income of a person to whom section 34(6)(g) does not apply. or participation in. by substiuting for the word" and in respect of contributions to public libraries" the words "public libraries". with effect from year of assessment 2001. not exceeding twenty thousand ringgit. History Paragraph 44(8) amended by Act 644 of 2005 s9(c). Subsection (8) amended by Act 1093 of 2000 s7(c)(i). a business in subsection (7A)(a) shall not include the carrying on of a business by an institution or organisation where (a) the business is carried on in the course of the actual carrying out of the primary purpose of the institution or organisation. for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of money made by him in the basis year for that year. with effect from year of assessment 2001. 4B or 4C.

(1)". History Subsection (10) inserted by Act 578 of 1998 s11( c ). (11) Subject to subsection (12). shall have effect for the year of assessment 1998 and subsequent years of assessment. Subsection 44(8) inserted by Act 531 of 1995 s8(d). (10) There shall be deducted pursuant to this subsection from the aggregate income of a relevant person who is an individual for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of money or the cost value ( as certified by the Ministry of Health) of any gift of medical equipment made by him in the basis year for that year to any healthcare facility approved by that Ministry. History Subsection (9) inserted by Act 578 of 1998 s11( c ). (9) There shall be deducted pursuant to this subsection from the aggregate income of a relevant person who is an individual for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of money or contribution in kind ( the value to be determined by the relevant local authority ) made by him in the basis year for that year for provision of facilities in public places for the benefit of disabled persons. with effect from year of assessment 2001. shall have effect for the year of assessment 1998 and subsequent years of assessment. there shall be deducted pursuant to this subsection from the aggregate income of a relevant person for the relevent year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of painting (to be determined by the National Art Gallery or any state art gallery) made by him in the basis year for that year to the National Art Gallery History . and that amount shall not exceed twenty thousand ringgit. shall have effect for the year of assessment 1995 and subsequent years of assessment.

there". shall have effect for the year of assessment 1998 and subsequent years of assessment. Subsection 44(11A) is substituted by s15(c).Subsection (11) amended by Act 1093 of 2000 s7(d). Subsection (11) inserted by Act 578 of 1998 s11( c ). History Subsection 44(11A) is amended by Act 683 of 2007 s 10(d). has effect for the year of assessment 2008 and subsequent years of assessment. (11A) There shall be deducted pursuant to this subsection from the aggregate income of a person other than an offshore company and individual for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to the payment of zakat perniagaan which is paid in the basis period for that relevant year to an appropriate religious authority established under any written law or any person authorized by such religious authority: Provided that the amount to be deducted pursuant to this subsection shall not exceed one-fortieth of the aggregate income of that person in the relevant year. by inserting after the words "offshore company" the words "excluding chargeable offshore company". by substituting the word "There" the words "Subject to subsection (12). Subsection 44(11A) formerly reads as follows: "(11A) There shall be deducted pursuant to this subsection from the aggregate income of a company for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to the payment of zakat perniagaan which is paid in the basis period for that relevant year to an appropriate religious authority established under any written law or any person authorized by such religious authority: Provided that- . Act 661 of 2006 and shall have effect for the year of assessment 2007 and subsequent years of assessment. with effect from year of assessment 2001.

the difference between the amount of ten per cent of the aggregate income of that company in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11C) for that relevant year. (11B) There shall be deducted from the aggregate income of a relevant person for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of money or cost of contribution in kind made by the relevant person in the basis period for that year for any sports activity approved by the Minister or to any sports body approved by the Commissioner of Sports appointed under the Sports Development Act 1997 [Act 576]: Provided that the amount to be deducted pursuant to this subsection shall not exceed― (a) in the case of a person other than a company. History Proviso to subsection 44(11B) is substituted by Act 693 of 2009 s16(b). the difference between the amount of seven per cent of the aggregate income of that person in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11C) for that relevant year. or (b) in the case of a company.(a) the amount to be deducted pursuant to this subsection shall not exceed one-fortieth of the aggregate income of the company in the relevant year.". and (b) the company is not an offshore company. Subsection (11A) inserted by Act 639 of 2004 and shall have effect for the year of assessment 2005 and subsequent years of assessment. The proviso previously read: "Provided that the amount to be deducted pursuant to this subsection shall not exceed the difference between the amount of seven per cent of the aggregate income of the relevant person and the total amount that . has effect for the year of assessment 2009 and subsequent years of assessment.

".] (11C) There shall be deducted from the aggregate income of a relevant person for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of money or cost of contribution in kind made by the relevant person in the basis period for that year for any project of national interest approved by the Minister: Provided that the amount to be deducted pursuant to this subsection shall not exceed― (a) in the case of a person other than a company. has effect for the year of assessment 2009 and subsequent years of assessment. the difference between the amount of ten per cent of the aggregate income of that company in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11B) for that relevant year ten. or (b) in the case of a company. [Subsection (11C) is inserted by s15(d).". Act 661 of 2006 and shall have effect for the year of assessment 2007 and subsequent years of assessment. History Proviso to subsection 44(11C) is substituted by Act 693 of 2009 s16(c). the difference between the amount of seven per cent of the aggregate income of that person in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11B) for that relevant year.] .has been deducted pursuant to the proviso to subsection (6) and subsection (11C). [Subsection 44(11B )is inserted by s15(d). Act 661 of 2006 and shall have effect for the year of assessment 2007 and subsequent years of assessment. The proviso previously read: "Provided that the amount to be deducted pursuant to this subsection shall not exceed the difference between the amount of seven per cent of the aggregate income of the relevant person and the total amount that has been deducted pursuant to the proviso to subsection (6) and subsection (11B).

. (6A). trust body or co-operative society". Subsection (12) inserted by Act 1093 of 2000 s7(e). History Subsection 44(12) is amended by Act A1151 of 2002 s4(a). references to basis year in relation to a company. by deleting the word "only" and by s4(b). trust body or cooperative society. trust body or co-operative society shall be construed as references to the basis period for the year of assessment of that company. with effect from year of assessment 2001. inserting after the word "company" wherever it appears the words ". with effect from year of assessment 2004 and subsequent years of assessment. (8) and (11).(12) In subsections (6).

Sign up to vote on this title
UsefulNot useful