Sri Lanka Consolidated Acts

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Inland Revenue Act (No. 4 of 1963) - Sect 36

Value of property which constitutes wealth

35.
(1) The value of any immovable property for any year of assessment shall be its market value on the valuation date.
(2) The value of any movable property, other than cash, which constitutes wealth shall be computed in accordance with the following provisions: -
(a) The value of any movable property for any year of assessment shall be its market value on the valuation date.
(b) Where the movable property consists of shares (not being preference shares) in any company which by its articles restricts the right to transfer its shares, or which is a company in which more than half of the total shares issued is held by not more than five persons, their wives or minor children, either directly or through nominees, and the Commissioner is satisfied that the shares have not, within the period of twelve months immediately preceding the valuation date, been quoted in the official list of a recognized stock exchange in the United Kingdom or in a list of a like nature issued in Ceylon by any association of brokers approved by the Secretary to the Treasury for the purposes of this paragraph, the value of such shares shall, if the Commissioner so directs, be ascertained not in the manner provided by the preceding provisions of this subsection but by reference to the market value of all the assets of the company as a going concern, including goodwill, on the valuation date, after deducting therefrom-
(i) the par or redemption value, whichever is the greater, of any debentures, debenture stock and preference shares of the company;
(ii) all debts of the company incurred or created bona fide for consideration in money or money's worth;
(iii) such sum as on a just and fair computation represents any future or contingent liabilities of the company or any liabilities thereof which are uncertain in amount; and
(iv) the amount of any reserve fund separately invested which is bona fide intended to be applied in payment of pensions to employees or otherwise for the benefit of them or their dependants or relatives, and in no other manner.
(3) Where any person by whom wealth tax is pay able is carrying on a business for which accounts are maintained by him regularly, the Commissioner may, instead of determining separately the value of each property held by such person in such business and goodwill, determine the net value as a whole of the properties held by such person in such business and goodwill.
(4) Where the value of any property is, according to the preceding provisions of this section, an amount equal to its market value, then, if such market value cannot be ascertained because such property is not saleable in the open market, the value of such property shall be determined in the prescribed manner.


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