Sri Lanka Consolidated Acts

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Income Tax (Amendment) Act (No. 4 of 1963) - Sect 11

Insertion of new section 9A in the principal enactment.[ 5, 44 of 1958.]

11. The following new section is hereby inserted immediately after section 9, and shall have effect as section 9A, of the principal enactment: -
9A.
(1) Any sum of money which consists of-
(i) any offertory, subscription or other donation to a charitable institution, or
(ii) the proceeds of the sale of any movable property donated to a charitable institution for conversion into money by the sale thereof,
(2) Where in any year any sum of not less than one thousand rupees is donated, or any sums the aggregate of which is not less than ten thousand rupees are donated, to a charitable institution in order that such sum or sums may be spent on such charitable purpose of that institution as is within the meaning of this Ordinance and is specified by the donor or donors, then-
(a) the donated sum or sums shall be exempt from the tax in the year of assessment in which the donation or donations is or are made and in the next two succeeding years of assessment ;
(b) if the whole or a part of the donated sum or sums is invested in any securities of the Government of Ceylon within the three aforesaid years of assessment (the amount so invested being hereafter in this subsection referred to as the " originally invested amount") and if, before the expiry of those three years of assessment, the aforesaid charitable institution applies in writing to the Commissioner for a period of exemption from the tax in respect of a sum which represents the whole or a part of the originally invested amount on the ground that due to circumstances beyond the control of that institution such sum will not be spent on the aforesaid charitable purpose before the expiry of those three years of assessment and if the Commissioner allows in respect [ยง 5, 44 of 1958 of such sum a period of exemption from the tax, such sum shall be exempt from the tax in such period;
(c) if thereafter from time to time, before the expiry of any period of exemption from the tax already allowed by the Commissioner to the aforesaid charitable institution, that institution applies in writing to the Commissioner for a period of exemption from the tax in respect of a sum which represents the whole or a part of the originally invested amount on the ground that due to circumstances beyond the control of that institution such sum will not be spent on the aforesaid charitable purpose before the end of the period of exemption from the tax already allowed by the Commissioner and if the Commissioner allows in respect of such sum a period of exemption from the tax, such sum shall be exempt from the tax in the period allowed by the Commissioner in respect of such sum.
(3) If the profits of a business carried on by a charitable institution are applied solely to a charitable purpose of that institution and either the business is carried on in the course of the actual carrying out of a primary purpose of that institution or the work in connexion with the business is mainly performed by beneficiaries of that institution, such profits shall be exempt from the tax.
(4) The net annual value of any place of public worship and its premises administered by a charitable institution shall be exempt from the tax.
(5) The net annual value of any place or premises owned and occupied by a charitable institution solely for any of the purposes of that institution shall be exempt from the tax.
(6) The profits and income from any property donated by royal or other grant before March 2, 1815, to any place of public worship administered by a charitable institution shall, in so far as such profits and income are applied to the purposes for which such grant was made, be exempt from the tax.
(7) Any sum of money spent on the repairs of a building used solely for a charitable purpose of a charitable institution shall be exempt from the tax.
(8) Where any such sum of money as is referred to in subsection (1) is applied by a charitable institution to the settlement of the whole or any part of a debt which has been or is incurred by that institution for carrying out a charitable purpose of that institution, the sum so applied shall be deemed to be spent on a charitable purpose of that institution.
(9) Where the assessable income for the year of assessment of a charitable institution does not exceed four thousand rupees, such income shall not be taxable.


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