SOLOMON ISLANDS

THE INCOME TAX (AMENDMENT) ACT 2007

(NO. 3 OF 2007)

Passed by the National Parliament this twenty-second day of February 2007.

This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true and correct copy of the said Bill.

Taeasi Sanga (Mrs)
Clerk to National Parliament

Assented to in Her Majesty's name and on Her Majesty's behalf this seventh day of March 2007.

Sir Nathaniel Rahumaea Waena
Governor-General

Date of commencement: date of publication in the Gazette.

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AN ACT TO DEFER THE ENFORCEMENT OR BRINGING INTO OPERATION OF SECTION 36B OF THE INCOME TAX (AMENDMENT) ACT 2005 (NO. 8 OF 2005) TO 1ST OF JANUARY 2007.

WHEREAS subsection (2) of section 1 of the Income Tax (Amendment) Act 2005, provided that the Act shall come into force n 1st January 2006, and subject to subsection (3) shall apply for the year commencing 1st January, 2006:

AND WHEREAS subsection (3) of section 1 provided that the Act shall apply to payments referred to in a tax deduction provision made on or after 1st January, 2006:

AND WHEREAS in terms of section 21 of the Interpretation and General Provisions Act (Cap 85), an Act which includes a dale purporting to be the date on which the Act or any provision of the Act came or will come into operation is evidence of its date of operation:

AND WHEREAS due to unforeseen administrative difficulties it has become evident that the provisions of section 36B, which relate to the "deduction of tax from interest" could not be enforced with effect from the date specified in the said Amending Act:

NOW THEREFORE BE IT ENACTED BY THE NATIONAL PARLIAMENT OF SOLOMON ISLANDS AS FOLLOWS -

Short title

1. This Act may be cited as the Income Tax (Amendment) Act 2007.

Deferment of date of operation of section 36B

2. Notwithstanding the provisions of section 1 of the Income Tax (Amendment) Act 2005 (Act No 8 of 2005) the provisions of section 36B of the said Act, shall be deemed not to have come into operation on the 1st day of January 2006, but shall come into operation with effect from 1st January, 2007.

Indemnity

3. Notwithstanding the provisions of section 1 of the said Income Tax (Amendment) Act; a resident person or a permanent establishment in Solomon Islands of a non-resident person on whom the obligation is imposed to deduct tax in terms of section 36B, and who has not complied with that obligation during the period commencing 1st January 2006 and ending on 31st December 2006, is hereby, indemnified from all legal proceedings of any kind, whether criminal or civil in respect of non-compliance with the said provisions.

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