LAWS OF FIJI

INCOME TAX (AMENDMENT) ACT 1999

ACT NO. 3 OF 1999

[L.S]

I assent

K.K.T. MARA
President

[19 March 1999]

AN ACT
TO AMEND THE INCOME TAX ACT

ENACTED by the Parliament of the Fiji Islands- 

Short title and commencement

1.-(1) This Act may be cited as the Income Tax (Amendment) Act 1999.

(2) This Act is deemed to have come into force on 1st January 1999.

Interpretation

2. In this Act "principal Act" means the Income Tax Act (Cap. 201).

Section 2 amended

3. Section 2 of the principal Act is amended - 

(a) in the definition of "dependent child" by deleting "$400" and substituting "$1,000";

(b) by inserting after the definition of "dependent child" the following definition - 

""hardware" for the purposes of section 21(1)(t) means the components comprising a computer, but excludes visual display units, printers, scanners and other peripherals;";

(c) by inserting after the definition of "shareholder" the following new definition - 

"software" for the purposes of section 21(1)(t) includes - 

(a) the copyright in software;

(b) the right to use the copyright in software;

(c) the right to use software; and

(d) a copy of a software program which has been purchased;";

(d) by inserting after the definition of "year" the following new definition - 

""year-2000-compliant", in relation to a computer means that the performance and functionality of the computer are not affected by dates prior to, during or after the year 2000;".

Section 9A amended

4. Section 9(A)(3)(e) of the Principal Act is amended by deleting "other" and substituting "less".

Section 21 amended

5. Section 21(1) of the principal Act is amended -

(a) in paragraph (q) by deleting "bank" and substituting "financial institution licensed under the Banking Act 1995";

(b) in paragraph (r) by deleting "31 December 1998" and substituting "31st December 2001"; and

(c) by adding the following new paragraph immediately after paragraph (s) -

"(t) any amount expended between 1st January 1998 and 31st December 2000 on either the modification and testing of hardware or software in making a computer year 2000 compliant, or the acquisition of hardware or software to make a computer year 2000 compliant:

Provided that any amount to which this paragraph applies must be deducted from total income in 3 equal parts in the year of expenditure and the 2 subsequent years of income;".

Section 25 amended

6. Section 25 of the principal Act is amended - 

(a) in subsection (1)(a) by deleting "$750" and substituting "$1,000";

(b) in subsection (1) by deleting paragraphs (b), (c) and (d) and the proviso to paragraph (d) and substituting the following new paragraph - 

"(b) in the case of a taxpayer who is widowed, an allowance of $1,000 must be deducted.";

(c) in subsection (1)(A) by deleting "seven hundred and fifty dollars" wherever it occurs and substituting "$1,000";

(d) in subsection (1)(B) by deleting "seven hundred and fifty dollars" and substituting "$1,000";

(e) in subsection (2) by deleting "two hundred dollars" and "one thousand dollars" and substituting respectively "$300" and "$1,500".

Section 26 amended

7. Section 26(2) of the principal Act is amended by deleting all the words after "aggregate" and substituting "$1,500".

Section 31 amended

8. Section 31 of the principal Act is amended - 

(a) in subsection (1)(a) by deleting "$750" and substituting "$1,000";

(b) by deleting subsection (1)(b) and the proviso and substituting the following -

"(b) in respect of a non-resident who is widowed, an allowance of $1,000"; and

(c) in subsection (2)(b) by deleting the words "with a dependent child or children".

Section 43 amended

9. Section 43 of the principal Act is amended by deleting "$750" and substituting "$1,000" in subsection (1)(a), subsection (9) and subsection (10)(ii).

10. The Fourth Schedule to the principal Act is amended by deleting Tables A and B and substituting the following - 

"A. RESIDENTS

Chargeable Income $	Tax payable $	
0-6,500	Nil	
6,501-8,500	Nil + 15% of excess over $6,500	
8,501-15,500	300 + 25% of excess over $8,500	
15,501 +	2,050 + 35% of excess over $15,500	

B. NON-RESIDENTS

Chargeable Income $	Tax payable $	
0-6,500	Nil + 20% in excess of $0	
6,501-8,500	1,300 + 25% in excess over $6,500	
8,501-15,500	1,800 + 30% of excess over $8,500	
15,501 +	3,900 + 35% of excess over $15,500	

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Passed by the House of Representatives this 4th day of February 1999.

Passed by the Senate this 1st day of March 1999.