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Group Title: Official gazette, Barbados
Title: The official gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076861/00058
 Material Information
Title: The official gazette
Physical Description: v. : ill. ; 33-42 cm.
Language: English
Creator: Barbados
Publisher: s.n.
Place of Publication: BridgetownBarbados Published by authority
 Subjects
Subject: Law -- Periodicals -- Barbados   ( lcsh )
Politics and government -- Periodicals -- Barbados   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
General Note: Caption title.
General Note: Supplements issued for some of the numbers.
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Bibliographic ID: UF00076861
Volume ID: VID00058
Source Institution: University of Florida
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oclc - 12594829
notis - AFC6434

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    Supplement: Act 1968-51: Income Tax Act, 1968
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Full Text





















oEffiial


(atfete


PUBLISHED BY AUTHORITY


BRIDGETOWN, BARBADOS, 2ND JANUARY, 1969


TABLE OF CONTENTS

Gazette Notices


Acting Appointments:
Colonel O. F. C. Walcott as Commanding
Officer of the Barbados Regiment......
G. L. Reid, Statistician, as Assistant
Director of Statistics.......,,........
Appointment to the Senate: Mr. Dennis Hugh G. Hunte
Appointments:
Ralph Kirton to be Gatekeeper, Mental Hospital
Loreen G. Thompson to be Clerical Officer
in General Service...................,.... .
Grafton Tull to be Gatekeeper, Mental Hospital
Barclays Bank D.C.O: Balance sheet as at 30/9/68
Consular: Appointment of Consul General...........
Diplomatic:
Arrival of Mr.Fung Kuan Wu, Second Secretary,
Republic of China..,.......................
Departure of Mr. Wei-O-Lee, Counsellor in Em-
bassy of Republic of China..............
Executorial:
Elsie May Springer....,, .......,............
Probate Advertisements dated 27th December, 1968.
Resolutions: No. 107/1968 for $485,662 ............
Re approval of lease of land to Sun Farms Ltd.
Re approval of publication in Official Gazette of
a notification declaring the abandonment
of acquisition of land at Sand Street, St. Peter


Legal Supplement

S.L 1969 No. 1: Customs Duties (Raw Materials and In- "
gredients for Use in the Manufacture of Edible Oils,
Lard, Lard Substitutes, Margarine and Laundry
Soap) Order, 1968.
Act 1968-51: Income Tax Act, 1968.


NOTICE NO. 1
GOVERNMENT NOTICES
Barbados Regiment Acting Appointment
His Excellency the Governor-General has
been pleased to approve the temporary ap-
pointment of Lieutenant Colonel O.F.C.
Walcott, O.B.E., E.D., as Commanding Of-
ficer of the Barbados Regiment, under the
provisions of section 5 of the Volunteer Act,
1909, for the period 1st October, 1968 to 30th
June, 1969.

(M.P. 5318/13)


Appointments

Miss Loreen G. Thompson, to be
Clerical Officer in the General Service, with
effect from 1st January, 1969.

(M.P. 1310/39 Vol. XV)

Ralph Kirton, has been appointed Gate-
keeper, Mental Hospital, with effect from 1st
October, 1968.


Grafton Tull, to be Gatekeepp, Metfali
Hospital, with effect from 1st January, 1969.
(M.P.529/16)


NO. I


3~8~3~~
~f12~o








OFFICIAL GAZETTE January 2, 1969


GOVERNMENT NOTICES- Cont'd

Acting Appointment
G. L. Reid, Statistician, Statistical
Services, has been appointed to act as Assis-
tant Director of Statistics, Statistical Ser-
vices, with effect from 30th November, 1968,
until further notice.
(M.P. 8812/12)

Appointment to the Senate
Under the provisions of Section 36 (2) of
the Constitution of Barbados, His Excellency
the Governor-General, acting in accordance
with the advice of the Prime Minister, has
appointed Mr. Dennis Hugh Gordon Hunte to
be a member of the Senate with effect from
1st January, 1969.
(M.P. 7626/3)

Diplomatic
Mr. Wei-O-Lee, Counsellor in the Em-
bassy of the Republic of China left the island
on 6th December, 1968, on a new assignment.

EX.C. 43

Mr. Fung Kuan Wu, Second Secretary in
the Embassy of the Republic of China arrived
in the island on 4th December, 1968.
M.P. EX-C.43


CONSULAR
Appointment of Consul-General
The Government of Barbados has been
pleased to grant provisional recognition to
Mr. S.D. Emanuels inhis capacityas Consul-
General of the Netherlands Kingdom at Bar-
bados, with residence in Port-of-Spain,
Trinidad, pending the issue of Her Majesty's
Exequatur.
(M.P. 9007/14)


NOTICE NO. 1007 (second publication)



NOTICE ...

Refhf estate of

ELSIEF MAY SPRINGER

'Depeased


NOTICE IS HER-BY-GIVEN that all per-
sons having any debt or claim upon or affect-
ing the Estate of Elsie May Springer late of
Rose Bank, Halls Gap, Hastings in the parish
of Christ Church in this Island who died at
the Queen Elizabeth Hospital, Saint Michael
on the 20th day of June 1968 are hereby re-
quested to send particulars of their claims
duly attested to the undersigned at Roebuck
Street, Bridgetown, Barbados, on or before
the 7th day of February 1969, after which date
we shall proceed to distribute the assets of
the estate among the parties entitled thereto
having regard to the debts and claims only of
which we shall then have had notice; and that
we shall not be liable for assets so distri-
buted to any person of whose debt or claim
we shall not have had notice at the time of
such distribution.

And all persons indebted to the said Es-
tate are requested to settle their accounts
without delay.

Dated this 29th day of November, 1968.


BARCLAYS BANK D.C.O.
Executor of the Will of
Elsie May Springer,
Deceased.


y


January 2, 1969


OFFICIAL GAZETTE








g
:i
ii:












I


Resolution No. 107/1968


M.P. 3005/26/T.3


1].


Provision in Provision in Supplementary
HEAD AND ITEM Auoroved Estimates Supplementary Esti- Provision
1968-69 mates Nos. 1-49 Required
OF ______________
APPROVED ESTIMATES Statutory Other Statutory Other Statutory Other
Expendi- Expendi- Expendi- Expendi- 'Expendi- Exoendi-
ture ture ture ture ture ture

S$ $ $ $ $
PART I CURRENT
HEAD 35 WATERWORKS
Item 32 Pumping .. .. 674,000 200,000
Item 34 Mains, Hydrants and
Standpipes .. 186,000 80,000
Item 35- Plumbing .. .. 401,800 205,362
Item 37 Refunds .. .. 800 300


HOUSE OF ASSEMBLY


Resolved that the sum of FOUR'HUNDRED AND EIGHTY-FIVE
THOUSAND SIX T' NDRED AND SIXTY-TWO DOLLARS be granted from
the Consolidated Fund and placed at the disposal of the Government to
supplement the Estimates, 1968-69, Part I Current as shown in the
Supplementary Estimate, 1968-69 No. 50 which forms the Schedule to this
Resolution and that the Senate be invited to concur herein, and if concurr-
ed in,
Resolved that His Excellency the Governor-General be asked to as-.
sent and take the necessary steps to give effect to this Resolution.

14th December, (1968.
J. E. THEODORE BRANCKER
Speaker.

Concurred in by the Senate this 20th day of December, 1968.

E. S. ROBINSON
President.

I assent,
A. WINSTON SCOTT
Governor-General.
21st December, 1968.


SCHEDULE
Supplementary Estimates 1968-69 No. 50


i
II




i


Jaua' 2- 196 OICA GAZTT


Januan 2, 1969


OFFICIAL GAZETTE











__ I


ed ordinary stock, . (Note 8) 30,000,000
serve fund . 32,950,000
nce of profit and loss account 1,660,910


ACCEPTANCE, GUARANTEES, INDEMNITIES, ETC. FOR
136,482,955 ACCOUNT OF CUSTOMERS 162,209,523

1,466,569,119 1,929,885,219

NOTES:
1. Barclays Bank Limited, incorporated in the United Kingdom, is the holding company of Barclays Bank D.C.O., being the beneficial owner of 16,485,000
of the ordinary stock.
2. (a) The accounts of the subsidiaries other than those of the Credit Congolais S.C.A.R.L, which are made up to 31stDecember, 1967, are made up to
30th September. It is not practicable to make the accounting date of the Crddit Congolais S.C.A.R.L. coincide with that of the parent company ov.ing
to regulations in the Democratic Republic of the Congo.
(b) Owing to the position in Nigeria the returns from a small number of branches are not up to date. In these cases the figures included in the balance sheets
have been taken from the latest available returns dated 30th September, 1967 or 31st March, 1968. Of the liabilities and assets shown by these returns,
approximately 30,000,000 and 23,000,000 respectively are not capable of verification. Until hostilities cease, the ultimate financial position
remains in doubt.
3. Under the Companies Acts, 1948 and 1967, the Bank is not required to show separately the aggregate amount of or movements on its reserves nor 'he
market value of its investments.
4. Balances in Commonwealth and South African currencies have been expressed in sterling at par and other currencies have been expressed in sterling
at rates of exchange ruling on balance sheet dates.
6. Current deposit and other accounts include: 1,839,577 secured (1967, 112,066), taxation based on profits to date and reserves for contingencies.


6. Other current liabilities comprise:
Balances in account with subsidiaries .
Barclays Bank Limited and fellow subsidiaries.. ..
Proposed final gross dividend


1968 1967
781,943 870,302
1,846,441 2278,217
1,920,000 1,440,000
4,548,384 4,588,519


7. During the year, the Bank purchased and cancelled 700,000 of the 71% unsecured capital loan stock 1986/91 as authorized in condition 2(ii) of the
first schedule to the trust deed dated 9th September, 1966.
8. Share capital authorised: 30,000,000 ordinary shares of 1 each.


9. Cash in hand and balances with other banks include:
Barclays Bank Limited and fellow subsidiaries .

10. Other liquid assets comprise:
Barclays Bank Limited and fellow subsidiaries .
Money at call and short notice .
British and other government treasury bills
Bills available for rediscount with central banks



11. Investments at or under cost and not exceeding market value:
Securities of, or guaranteed by. the governments of the United Kingdom, other
Commonwealth countries and the Republic of South Africa
Quoted on London Stock Exchange
Quoted on overseas stock exchanges
Unquotd .

Other investments:
Ouoted on London Stock Exchange
Quoted on overseas stock exchanges
Unquoted


1968 1967
11,224,589 4,859,355

1968 1967
S-3,013,073 -
185,632,720 119,070,869
139.048,861 90.535,036
23,307,130 28,313.981
321,001,784 237,919,886




1968 1967
E98,891,600 101,684,346
93,078,015 74,961,957
18,925,629 13.029.232
210,895,244 189,675,535

6,095,055 6,201,354
32,377,743 11,265.461
4,392,392 3,449,819
253,760,434 210,592,169


1967 CURR
Curr
1,262,852,543 con
4,588,519 OthE

1,267,441,062
LOAN
15,000,000 7t p
SHARE
24.000,000 Issue
22,000,000 Rese
1,645,102 Bala


SUBSIDIARY COMPANIES
rlays Overseas Development Corporation Ltd.
(incorporated in the U.K.)


OFFICIAL GAZETTE January 2, 1969 i January 2, 1969 ', OFFICIAL GAZEkiE





Barclays Bank D.C.O. Bala ce heet 30th September 1968

ENT LIABILITIES AND OTHER ACCOUNTS 1967 CURRENT ASSETS
rent, deposit and other accounts including reserves for '126,003,727 Cash in hand and balances with other banks (Note 9) 185,,
tingencies .(Note 5) 1,684,216,402 237,919,886 Other liquid assets. (Note 10) 321,(
er current liabilities (Note 6) 4,548,384 210,592,169 Investments (Note 11) 253,
717,668,066 Advances and other accounts (Note 12) 961,'
1,688,764. 86
CAPITAL ,292,183,848
er cent unsecured capital loan stock 1986/91. (Note 7) 14,300,100 FIXED ASSETS
r ct u c l s Investments in subsidiaries, fellow subsidiaries and associated
EHOLDERS' FUNDS '15,284,985 companies and trade investments (Note 13) 18,1








1,722,148,942






45,526,754

162,209,523


1,929,885,219

1968 1967
4,771.799 715,384,008
1,385,171 1,055.528
5,274,817 1,228.530
1,431,787 717,668,066


1968


1967


E8.008.334 6,567,416
785,000 701,887
4,234,538 3,394,700
288.627 247,395
5,338,043 4,373,587
8,654,542 15,284,985


ISSUED CAPITAL
1,000,000 A ordinary shares of 1 each
5,000,000 Ordinary shares of 1 each
1,000,000 4% unsecured loan stock 1974/79


22,617,331 Premises, less reserves .(Note 14)


CUSTOMERS' LIABILITY FOR ACCEPTANCE, GUARANTEES,
136,482,955 INDEMNITIES, ETC. .


/,466,569,119


I Advances to customers, items in transit and other accounts 95
Balances in account with subsidiaries including dividends receivable.
Barclays Bank Limited and fellow subsidiaries .
96


3 investments at cost adjusted to take into account the devaluation of sterling on
18th November, 1967 less amounts written off:
In subsidiaries ..... ... ...
In fellow subsidiaries .
i associated companies and trade investments:
,Quoted on London Stock Exchange
'Quoted on overseas stock exchanges .
Unquoted
1


le major interest of the company in subsidiary and associated companies are:


aclays Bank of California 40,000 Shares of U.S. $100 each o
Incorporated in California, U.S.A.)
ddilConais S.C.A.R.L.A. 40,000 Shares of no par value 100%
incorporated in the Democratic Republic of the Congo)
Bank Development and Investment CorportionLtd. 650,000 Shares of Rand 1 each 100%
'incorporated in the Republic of South Africa)
ASSOCIATED COMPANY
nkof London 8 Montreal Ltd. 2,145,000 Ordinary shares of Bah.$10 each 33=%
[incorporated in Bahamas) Reserve fund Bah.$500,000
nk premises at cost adjusted to take into account the devaluation of sterling on 18th November, 1967 less amounts written off and reserves, consist of:
1968 1967
Freehold premises (less reserves) 5.......19,794,338 16,194,710
Leaseholds (over 50 years unexpired) ........ 5.210,321 4,883,258
leaseholds (up to 50 years unexpired) .......1,867553 1539363
tracts for outstanding capital expenditure on premises not provided for amount to approximately 1.,517,000 (1967, 1,820,000) and capital
pxnditure authorized by the directors but not contracted for amounts to approximately 510,000 (1967, 206,000).
the balance sheet date there was a contingent liability on bills rediscounted of 2,305,976 (of which 759,987 has since run off) (30th September,
67, 4,800,674 and 4,241,318).
aaggregate amount of the directors' emoluments was 117,060 including 78,656 for management services and 6,030 directors' fees paid by
bsidiaries. For the year to 30th September, 1967 the corresponding amounts were 96,933, 57,479 and 4,965 respectively. The aggregate amount
directors' and past directors' pensions was 49,489, all in respect of services other than as directors (1967, 63,326).
emoluments of the chairman excluding pension contributions were 24,425. net 7,833 after tax (1967, 21,547, net 7.581 aler tax). The
ther of other directors whose emoluments in the United Kingdom excluding pension contributions fell within the following limits was:
1968 1967
Up to 2,600 10 15
2,601 to 5,000 5 1
5,001 to 7,500 1
7,501 to 17,500 -
17,501 to 20,000 1
formation relating to emoluments received by executives in the United Kingdom in excess of 10,000 in the year is included in the directors report.
remuneration of the auditors amounted to 13.500 (1967, 9,450).


F. SEEBOHM Chairman R. G. DYSON Deputy Chairman A. S. AIKEN Vice-Chairman G. G. MONEY Vice-Chairman A. F. TUKE .,ti, -i, J. RODWAY GeneralManager J. R. MOON Chief Accountant A. E. V. OLIVER Secretary


Profit and Loss Account for the year ended 30th September 1968


1967


.1,000,000 Reserve fund
1,320,000 Interim gross dividend
1,440,000 Proposed final gross dividend
2,760,000
1,645,102 Balance carried forward .


5,405,102


1,250,000i
1,320,000 ,
1,920,000
3,240,000
1,660,910



6,150,910'


AUDITORS' REPORT TO THE MEMBERS OF BARCLAYS BANK D.C.O. We have examined the foregoing balance sheet and profit and loss its b
account of the Bank with the books, accounts, vouchers and returns and, subject to the matters referred to in Note 2(b). have obtained all the information We I
and explanations which we considered necessary. The Bank has kept proper books of account with which the accounts are in agreement. We have con- Ino
firmed by examination or otherwise the existence of the Bank's securities. ap
Subject to the matters referred to in Note 2(b) and so far as appears from our examination, in our opinion the Bank has received proper and adequate iNotl
returns from the branches not visited by us, the securities and all records of the Bank have been properly and safely preserved, the control of the Bank over in t
LONDON 25th NOVEMBER 1968PRIE WATEERH

DIRECTORS OF BARCLAYS BANK D.C.O. FREDERIC SEEBOHM, Chairman: RICHARD GEORGE DYSON, Deputy Chairman: ARTHUR SlEPHEN gAIKEI
DONALD CARTER; CUTHBERT FITZHERBERER'; RICHARD EVELYN FLEMING, M.C.; THE HON. SIR GEOFFREY COKAYNEc 1 C
RONALD FRANCIS MEDLICOTT; HARRY FREDERICK OPPENHEIMER; MARSHAL OF THE ROYAL AIR FORCE THE RIGHT HON. THE .i :',' ji I..

ULADS. KAST BLADES LTD.


1,654,177 Profit unappropriated on 1st October, 1967
Net profit after providing for taxation and after deducting transfers to inner
reserves, out of which reserves provision has been made for diminution
3,750,925 in value of assets


'5,405,102


1,645,102


4,505,808



6,150,910


"ches has been adequate and its instructions to its employees in its branches have been properly carried out.
ve also examined the foregoing consolidated accounts of the Group consisting of the Bank and its subsidiaries.
opinion the accounts of the Bank and the consolidated accounts of the Group comply with the provisions of the Companies Acts. 1948 and 1967
ble in banking companies and, so far as concerns members of the Bank and so far as is practicable on the bases and with the information set out in
2 and 3 above, give a true and fair view of the state of affairs of the Bank and of the Group at 30th September, 1968 and of the profits ascertained
mr lner indicated for the year ended on that date.
StE h CO. PEAT, MARWICK, MITCHELL 8 CO. DELOITTE. LENDER, GRIFFITHS E CO. COOPER BROTHERS & CO. Chartered Accountants
GEORGE GILBERT MONEY and ANTHONY FAVILL TUKE, Vice-Chairmen: WILLOUGHBY GUY BRYAN: SIR JULIAN STANLEY CROSSLEY;
ALEXANDER LUDOVIC GRANT; BRIAN FRASER MACDONA. C.B.E.; SIR ERIC GUSTAV MACHTIG, G.C.M.G, K C.B. O.B.E.:
ELOF HUNGERFORD. K.G., G.C.B., O.M., D.S.O., M.C.; SIR JAMES WILSON ROBERTSON, K.T.., G.C.M.G., G.C.V.O.. K.B.E.


INTEREST OF
BARCLAYS BANK D.C.O.
100%
100%
Nil
75%O


~rll,


64.610., Ii


954,937
001,784
760,434
431,787





654,542
872,212


_ __


26,E





-'








o OFFICIALU'AZETTE January 2, 1969

Resolution No. 108/1968 -; M.P. 6666/3/T. 19


HOUSE OF ASSEMBLY

Resolved that the House of Assembly approve the lease to Sun
Farms Ltd. by the Minister responsible for Lands of the parcel of land
together with the buildings described in the Schedule to this Resolution
on the terms and conditions as set out in the said Schedule and thatthe
Senate be invited to concur herein, and if concurred in,
Resolved that His Excellency the Governor-General be asked to as-
sent and take the necessary steps to give effect to this Resolution.

14th December, 1968.

J. E. THEODORE BRANCKER
Speaker.
Concurred in by the Senate this 20th day of December, 1968.

E. S. ROBINSON
President.
I assent,
A. WINSTON SCOTT
Governor-General.
21st December, .1968.

SCHEDULE
ALL THAT certain piece or parcel of land situate at Codrington in
the parish of Saint Michael in this Island containing by estimation ap-
proximately seventy-four acres together with the dwelling house out-
buildings and curtilage thereon.
The lease is to be for a period of ten years in the first instance at
the rate of ten thousand dollars per annum.


Resolution No. 109/1968 M.P. 4770/T. 6A

HOUSE OF ASSEMBLY

Resolved that the House of Assembly approve of the publication in
the Official Gazette of a notification under Section 9(1) of the Land
Acquisition Act, 1949, as amended by the Land Acquisition (Amendment)
Act, 1963, declaring the abandonment of the acquisition of ALL THAT
certain piece or parcel of land situate at Sand Street in the parish of
Saint Peter in this Island (being part of a' larger area containing by ad-
measurement 12,130 square feet or thereabouts) containing by admeasure,
ment 3,670 square feet or thereabouts abutting and bounding on lands of
J. Kidd on the sea on lands of the Crown on the Public Road known as
Highway No. 1 or however else the same may abut and bound together
with the iall building thereon, and that the Senate be invited to concur
herein, and if concurred in,
Resolved that His Fxcellency the Governor-General be asked to
assent and take the necessary steps to give effect to this Resolution.
10th December, 1968.

S J. E. THEODORE BRANCKER
Speaker.
Concurred in by the Senate this 20th day of December, 1968.

E. S. ROBINSON
President.
I assent,
A. WINSTON SCOTT
Governor-General.
21st December, 1968.











PROBATE ADVERTISEMENTS

PUBLIC NOTICE IS HEREBY GIVEN that applications have been made
for the following Grants of Probate and Administration namely :-


PROBATE of the Will dated the 19th day of September, 1958 of MIRIAM GERTRUDE HOLDER late
of Claybury in the parish of Saint John in this Island who died on the 25th day of July, 1968,
by ENID LENORA BELGRAVE, the sole Executrix named in the Will of the said deceased.

PROBATE of the Will dated the 1st day of April, 1964 of ANNETTE OLIVE FISHER late of
Strathclyde in the parish of Saint Michael in this Island who died on the 17th day of October,
1967, by OSWALD HAMILTON FISHER, the sole Executor named in the Will of the said deceased.

PROBATE of the Will dated the 11th day of April, 1967 of ALLAN BRUCE KNIGHT late of Stafford
House, The Garrison in the parish of Saint Michael in this Island who died on the 16th day of
April, 1967 by JULIAN KEITH HANKIN KNIGHT and COLIN GLYNE GODDARD two of the
Executors named in the Will of the said deceased.

PROBATE of the Will dated the 9th day of October, 1964, of ALONZO HOLDER also known as
ALONZA THEODORE HOLDER late of Greenwich Village in the parish of Saint James in this
Island who died on or about the 6th day of September, 1967 by IRENE EUNICE HOLDER, the
sole Executrix named in the Will of the said deceased.

PROBATE of the Will dated the 12th day of May, 1965 of GERTRUDE SCANTLEBURY late of
Pasture Road, Bank Hall in the parish of Saint Michael in this Island who died on the 2nd day of
April, 1967, by ETHE LINE VIOLA BOVE LL, the sole Executrix named in the Will of the said deceased.

PROBATE of the Will dated the 5th day of May, 1960 of IVAN HUGH GORDON BAYLEY late of_
Pioneer Road, Bush Hall in the parish of Saint Michael in this Island who died on,the 23rd day
of June, 1967, by SYBIL IONA HOLDER, the sole Executrix named in the Will of the said de-
ceased.

PROBATE of the Will dated the 8th day of August, 1962 of HENRY IRVINE PRICE also known as
HENRY IRVINE KING late of Paradise Village, Saint Lawrence Gap in the parishofChrist
Church in this Island who died on the 23rd day of March, 1968, by MAUDE LENORA PRICE,
the sole Executrix named in the Will of the said deceased.

PROBATE of the Will dated the 9th day of May, 1968 of THOMAS ALFRED BAYLEY late of
"Marathon", Saint Lawrence in the parish of Christ Church in this Island who died on the 21st
day of November, 1968 by EDMUND ALEXANDER BAYLEY one of the Executors named in the
Will of the said deceased.

LETTERS OF ADMINISTRATION, to the Estate of KEITH SMALL late of Newbury in the parish of
Saint George in this Island who died at Belle Glade, Palm Beach, Florida, U.S.A. on the 17th
day of February, 1968, by VIOLET SMALL, mother of the said deceased.

LETTERS OF ADMINISTRATION to the Estate of ARCHIBALD CLAIRMONTE ROGERS late of
309 McDonough Street in the United States of America who died on the 19th day of January, 1968,
by HERBERT CUMBERBATCH the Attorney on record of EDITH ROGERS, widowofthe said
deceased.

LETTERS OF ADMINISTRATION to the Estate of LILLIAN KIRTON late of 69 Decatur Street,
Brooklyn, New York in the United States of America who died on the 22nd day of January, 1966,,
by RUFUS ALEXANDER KIRTON eldest surviving cousin of the said deceased.

LETTERS OF ADMINISTRATION to the Estate of JAMES ADOLPHUS EVERSLEY late of Browne's
Gap, Jackson in the parish of Saint Michael in this Island who died on the 4th day of July, 1968,
by EVELYN MARIAN WINIFRED EVERSLEY, widow of the said deceased.


January 2, 1969


OFFICIAL GAZETTE











PROBATE ADVERTISEMENTS Cont'd



LETTERS OF ADMINISTRATION to the Estate of FREDERICK AUGUSTUS CLAIRMONTE late of
42 Cliff Path, Pine in the parish of Saint Michael in this Island who died on or about the 7th day
of April, 1968, by CLAREN OPHELIA CLAIRMONTE, widow of the said deceased.


LETTERS OF ADMINISTRATION CUM TESTAMENTO ANNEXO to the Estate of LUCINNE
BONTIFFE also known as LUCIENNE BONTIFFE late of September Square, Saint Matthias in
the parish of Christ Church in this Island who died on the 17th day of November, 1966, by
JOSEPH SYLVESTER BONTIFFE, and ROSEMARY BONTIFFE, the beneficiaries named in the
Will of the said deceased.


UNLESS CAVEAT is lodged within fourteen days from the date of this Advertisement with the
Registrar of the Supreme Court through whom the abovenamed applications have been made Probate
and Administration will be granted accordingly.

Dated this 27th day of December, 1968.
C. A. ROCHEFORD
Registrar.


Government Printing Office.


OFFICIAL GAZETTE


January 2, 1969






Statutory Instruments Supplement No. 1
Supplement to Official Gazette No. 1 dated 2nd January, 1969.


S.l. 1969 No. 1

The Customs Act, 1962 (1962-18) OF FL

ORDER MADE UNDER SECTION 25 OF
CUSTOMS ACT, 1962 /A APR
The Minister in exercise of the powers onerred
on him by section 25 of the Customs A 62,
hereby makes the following Order:-

1. This Order may be cited as the Custo
Duties (Raw Materials and Ingredients for Use in the
Manufacture of Edible Oils, Lard, Lard Substitutes,
Margarine and Laundry Soap) Order, 1968.

2. Part III of the First Schedule to the Customs
Act, 1962, is hereby amended by the addition thereto
of the following new item:-


"Raw Materials
and Ingredients
for use in the
manufacture of
edible oils. lard,
lard substitutes,
margarine and
laundry soap.


216 Raw materials and ingredients
which the Comptroller is satis-
fied are imported exclusively for
use in the manufacture of edible
oils, lard, lard substitutes,
margarine and laundry soap."


3. The Trade Act (Drawback of Duties) No. 3
Notice, 1955, is hereby concelled.

Made by the Minister this eleventh day of Decem-
ber, 1968.

ERROL W. BARROW
Minister of Finance.


I


,i 8l ) 9


L.N. 60 of 1955.






Supplement to Official Gazette dated 2nd January, 1969.



INCOME TAX ACT, 1968-51

Arrangement of Sections


Part I

Pre li minary
Sections

1. Short title.

2. Parts and divisions of Act.


Part II
Imposition and extent of tax.
3. Charge to tax.
4. Persons exempt from tax.
5. Income from all sources.

6. Income from business or property.

7. Income from office or employment.

8. Amounts included in assessable income.
9. Amounts not included in assessable income.
10. Amounts deductible in calculation of assess-
able income.

11. Amounts not deductible in calculation of as-
sessable income.

12. Investment and initial allowances in
calculation of assessable income.
13. Annual allowances in calculation of assess-
able income.







(ii)
Sections
14. Rules relating to annual allowances.

15. Married women.
16. Non-residents.
17. Persons resident but not domiciled.

18. Business of operation of ships or aircraft.
19. Business of insurance companies.
20. Business of associations of underwriters.
21. Business of lending money for development.
22. Deductions and allowances for separate busi-
nesses.
23. Losses.
24. Capital element of annuities.

-25. Transfers to minors.

26. Conditional transfers in trust.

27. Controlled companies.
28. Winding-up.
29. Artificial transactions.

30. National Insurance contributions.

31. Life insurance premiums.
32. Registered retirement plan contributions.
33. Annual payments to benevolent organizations.

34. Other annual payments.
35. Maintenance.







(iii)


Sections

36. Medical expenses.
37. Wife's earned income.
38. Dependants.
39. Deductions for non-residents.
40. Trusts and estates.
41. Unit trusts.
42. Rates of tax for individuals.

43. Rate of tax for companies.

44. Rate of tax for insurance companies.
45. Rate of tax for associations of underwriters.
46. Rate of tax for development loans.
47. Returns of contributions under registered
retirement plans.

48. Amounts deemed received on winding-up.

Part III

Administration and Enforcement
49. Commissioner and staff.
50. Administration of oaths.

51. Secrecy.
52. Returns of income.
53. Assessments.

54. Re-assessments.







(iv)


Sections

55. Notices of assessment.

56. Finality of assessments.
57. Objections.
58. Income Tax Appeal Board.

59. Appeals to Income Tax Appeal Board.

60. Appeals to High Court.

61. Appeals to Court of Appeal and on point of
law to Privy Council.
62. Time limits.

63. Finality of appealed assessments.
64. Prepayment by deduction.

65. Company dividends.

66. Payment of tax.
67. Penalties and interest.
68. Refund of overpayments.
69. Payment by married women.

70. Payment on altered assessment.

71. Recovery of taxes.
72. Unpaid tax certificates.
73. Garnishment.
74. Persons leaving Barbados.

75. Accounts and records.

76. Audit and ancillary powers.










Sections
77. Solicitor-client privilege.

78. Representatives for tax purposes.
79. Offences.

80. Prosecutions.

81. Evidence.

Part IV

Double taxation relief
82. Commonwealth double taxation relief.

83. Double taxation relief by international agree-
ment.

Part V

Regulations
84. Regulations.

Part VI

Interpretation
85. Interpretation.

Part VII
Transitional and expiring provisions
86. Coming into force and repeal.

87. Transitional provisions.

88. Expiring provisions.








BARBADOS.


I assent,
A. WINSTON SCOTT,
Governor-General,
30th December, 1968.


1968 51


An Act respecting Income Taxes.
(2nd January, 1969) commencement.
BE IT ENACTED by the Queen's Most Excellent
Majesty by and with the advice and consent of the
Senate and House of Assembly of Barbados and by
the Authority of the same as follows:-

Part I

Preliminary

1. This Act may be cited as the Income Tax Short title.
Act, 1968.
2. This Act is divided into the following Parts Parts and di-
visions of Act.
and Divisions:-







INCOME TAX ACT, 1968--51


Part I

PRELIMINARY


Part II

IMPOSITION AND EXTENT OF TAX


Division A Charge of tax
Division B Persons exempt from tax
Division C Calculation of assessable income;
general
Division D Calculation of assessable income;
amounts included

Division E Calculation of assessable income;
amounts not included

Division F Calculation of assessable income;
amounts deductible

Division G Calculation of assessable income;
amounts not deductible

Division H Calculation of assessable income;
allowances
Division I Calculation of assessable income;
miscellaneous rules; special persons

Division J Calculation of assessable income;
miscellaneous rules; special
businesses

Division K Calculation of assessable income;
miscellaneous rules; special cases







INCOME TAX ACT, 1968-51


Division L Calculation of taxable income; post-
poned benefit deduction
Division M Calculation of taxable income; annual
payment deduction
Division N Calculation of taxable income; medical
expense deduction
Division O Calculation of taxable income; wife's
earned income deduction
Division P Calculation of taxable income; depend-
ant deduction
Division Q Calculation of taxable income; general

Division R Miscellaneous rules

Division S Rates of tax

Division T Special taxes


Part III

ADMINISTRATION AND ENFORCEMENT
Division U Staff and secrecy
Division V Returns of income
Division W Assessments

Division X Objections

Division Y Appeals

Division Z Payment

Division AA Collection







INCOME TAX ACT- 1968-51


Division AB

Division AC

Division AD


- Investigations

- Representatives for tax purposes

- Offences


Part IV

DOUBLE TAXATION RELIEF


Part V

REGULATIONS


Part VI

INTERPRETATION


Part VII

TRANSITIONAL AND EXPIRING PROVISIONS







INCOME TAX ACT. 1968-51


Part II
IMPOSITION AND EXTENT OF TAX

Division A

Charge to tax

3. Every person who has a taxable income for Charge to tax
an income year shall pay in accordance with this
Act an income tax calculated in accordance with this
Act on his taxable income for that income year,

Division B

Persons exempt from tax
4. No tax is payable under this Act by a person Persons exempt
in respect of a period when that person was from tax.

(a) a Friendly Society registered under the Act 1905-1.
Friendly Societies' Act, 1905;

(b) a registered benevolent organisation;

(c) a separate trust established for the pur-
pose of administering the funds of a regis-
tered retirement plan and exclusively en-
gaged in administering those funds;

(d) a person deemed to be a separate person
carrying on as a life insurance company
a separate business classified as a regis-
tered retirement plan business, under
section 19; or

(e) a person exempted from paying income tax
by any other enactment in force in Barba-
dos.








INCOME TAX ACT, 1968-51


Division C

Calculation of assessable income; general

Income from 5. Subject to this Act, the assessable income
all sources.
of a person is his income from all sources, whether
within or outside Barbados, and without restricting
the generality of the foregoing, includes income from
all

(a) businesses,

(b) property,

(c) offices, and

(d) employment.
Income from 6. Subject to this Act, income for an income
business or year from a business or property is the profit derived
property.
from that business or property for that income year.

Income from 7. Subject to this Act, income for an income year
office or
employment from an office or employment is the remuneration,
including bonuses and commissions, plus the value
of all other benefits, whether in money or otherwise,
including quarters, board or residence, received or
enjoyed in that income year in respect of that of-
fice or employment.

Division D

Calculation of assessable income; amounts included

Amounts in- 8. Without restricting the generality of Division C
eluded in asses- in calculating the assessable income of a person for
able income.
an income year, the following amounts shall be in-
cluded,







INCOME TAX AcM 1968-51


(a) amounts received in the year as, on ac-
count of, in lieu of or in satisfaction of

(i) interest,

(ii) dividends,
(iii) annuities or other annual payments,

(iv) retirement plan benefits,

(v) director's or other fees, and

(vi) maintenance;

(b) an amount equal to the taxable value of
land and improvements thereon owned and
used by the person in the income year for
the purposes of residence or enjoyment
and not for the purposes of profit, in re-
spect of the period of ownership in the
income year;

(c) an amount equal to the amount by which
the taxable value of land and improvements
thereon occupied but not owned by the
person and used for the purposes of resi-
dence or enjoyment and not for the pur-
poses of profit exceeds the rent paid
therefore, in respect of the period of occu-
pation in the income year;

(d) amounts that are income of that person
from a partnership or syndicate for the
income year whether or not they have been
withdrawn during the income year;







INCOME TAX ACT 1968-51


(e) amounts that have been credited on ac-
count, re-invested, accumulated, capital-
ized, carried to any reserve, sinking or
insurance fund or otherwise dealt with in
the interest of that person or on his behalf
whether or not those amounts have been
paid to or received by him in the income
year or have become due or receivable by
him in the income year;

Act 1966-15. (f) amounts received in the income year by
the person as benefits, other than as a.
funeral grant, disablement benefit or
death benefit, under the National Insur-
ance and Social Security Act, 1966;
(g) amounts received in the income year as a
return of contributions under a registered
retirement plan other than such amounts as
are paid as a lump sum contribution to
another registered retirement plan within
four months of the date on which they were
so received;
(h) amounts received in the income year by
a person carrying on business in the in-
come year on account of debts in respect
of which a deduction for bad debts has
been made in calculating the assessable
income of that person for a previous in-
come year, whether or not the person was
carrying on the same business in the in-
come year;

(i) an amount equal to the amount by which
interest at the current prime bank lending
rate in Barbados exceeds the interest paid







INCOME TAX ACT 1968-51


on a loan made by a company to a director
or shareholder for the period in the in-
come year when the loan is outstanding;
(j) an amount recoverable under an insurance
or contract of indemnity on stock-in-trade;
and

(k) an amount payable to a beneficiary from a
trust or estate whether or not that amount
is paid in that income year.


Division E

Calculation of assessable income;
amounts not included

9. In calculating the assessable income of a per- Amounts not
son for an income year, the following amounts shall included in
assessable
not be included income.

(a) the salary, emoluments and other benefits
of the Governor-General or the person per-
forming the functions of the office of Gov-
ernor-General, that are defrayed from the
Consolidated Fund, in respect of the
period of exercise of the functions of the
office of Governor-General;

(b) the salary, emoluments and other benefits
of diplomatic, consular or technical assist-
ance officers or employees and their
families who are designated either gener-
ally or specifically by regulation as being
persons to whom this paragraph applies,
to the extent specified in the relevant
regulation;







INCOME TAX ACT 1968-51


(c) wound and disability pensions granted to
members of Her Majesty's Forces in right
of Her Government of Barbados or of the
United Kingdom;

(d) allowances for

(i) travelling expenses, or

(ii) maintaining and operating a ve-
hicle, to the extent that the allow-
ances may reasonably be re-
garded- as representing the cost
to the person of travelling in the
performance of the duties of an
office or employment;

(e) interest on bonds, debentures or stock
of the Government of Barbados, benefi-
cially owned by a non-resident person,
to the extent specified by regulation;

(f) interest on a deposit account with the
Savings Bank referred to in the Savings
Act 1914-3. Bank Act, 1914, up to a maximum amount
deductible under this paragraph of $150,
or where a deposit account is separately
maintained by a married woman habitually
living with her husband, up to a maximum
amount deductible under this paragraph
of $150 in respect of interest on an ac-
count maintained by the husband plus
$150 in respect of interest on an account
maintained by the wife;







INCOME TAX ACT 1968-51


(g) income of a co-operative society registered
under the Co-operative Societies Act, 1949,
other than income arising in respect of
the sale of an article that is neither sold
to a member of the society nor produced
nor obtained by the industry of a member
of the society;
(h) amounts received in the year as a return
of contributions under a retirement plan,
other than a registered retirement plan,
if the contributions were included in
calculating the assessable income of that
person for the income year in which they
were made; and

(i) emoluments and other benefits and income
of any person which are declared to be
exempt from income tax by any other enact-
ment in force in Barbados.

Division F

Calculation of assessable income;
amounts deductible

10. In calculating the assessable income of a
person for an income year, the following amounts
shall be deducted
(a) a disbursement or expense made or incurred
by that person in that income year for the
purpose of the production of assessable
income from property or a business of that
person;
(b) amounts expended by that person in uiat
income year as trade tax or as rates or
taxes on property used for the purpose
of the production of assessable income;


Act 1949-58


Amounts de-
ductible in cal-
culation of as-
sessable income






INCOME TAX ACT, 1968-51


(c) premiums paid by that person in the in-
come year on an insurance policy insuring
that person against loss or damage to pro-
perty used for the purpose of the pro-
duction of assessable income;

(d) amounts paid by that person as interest
on borrowed money whether secured by
mortgage or otherwise, or unsecured, used
for the purpose of the production of as-
sessable income;

(e) the total amount of debts owed to that per-
son that are established by him to have
become bad debts in that income year and
that have been included in calculating
his assessable income for that income
year or a previous income year; and

(f) amounts expended by that person and not
subsequently reimbursed for

(i) travelling expenses, or

(ii) maintaining and operating a ve-
hicle, to the extent that the a-
mounts expended may reasonably
be regarded as representing the
cost to the person of travelling
in the performance of the duties of
an office or employment, or the
cost of travelling for the purpose
of the production of assessable
income from property or a business
of that person.








INCOME TAX ACT 1968-51


Division G

Calculation of Assessable income;
amounts not deductible

11.(1) In calculating the assessable income of Amounts not
deductible in
a person for an income year, the following amounts calculation of
shall not be deducted, assessable
income.
(a) a disbursement or expense except to
the extent that it was made or incurred
by that person in the income year for
the purpose of the production of as-
sessable income from property or a
business of that person;

(b) a disbursement or expense, other than
maintenance, for the support of that
person or his family or for any other
domestic or private purpose;

(c) the rent or taxable value of any dwelling
house or domestic offices, except
such proportional part thereof as may
reasonably be regarded as attributable
to the use of the dwelling house or
domestic offices for the purpose of a
business;

(d) in the case of a company, the amount
of any dividend paid by the company
in respect of any share;








INCOME TAX ACT, 1968-51


(e) an outlay, loss or replacement of
capital, on improvements, alterations
or otherwise a payment on account
of capital or an allowance in respect
of depreciation, obsolescence or de-
pletion except as expressly permitted
by this or any other enactment;

(f) an amount paid or payable in respect
of income tax in a country or territory
other than Barbados where, under this
Act, any other enactment of Barbados
or an agreement between Barbados and
that other country or territory that
amount is either Commonwealth Income
Tax or is deductible as a credit against
income tax, under Part IV; and

(g) a disbursement or expense to the ex-
tent that it may reasonably be regarded
as having been made or incurred for
the purpose of producing exempt in-
come or in connection with a business
or property the income from which
would be exempt.

(2) In calculating the assessable income of a
person for an income year, no deduction shall be made
in respect of a disbursement or expense, otherwise
deductible, except to the. extent that
(a) the purpose for which the disbursement
or expense was made, and
(b) the amount disbursed or expended,
were reasonable in all the circumstances.








INCOME TAX ACT. 1968-51


Division H
Calculation of assessable income; allowances
12.(1) Where a person carrying on a business in Investment and
an income year has made a capital expenditure in that initial allow-
ances in calcu-
year on machinery or plant, other than equipment for nation of asses-
scientific research, to be used in that business, then sable income.
in calculating the assessable income of that person
for that income year,
(a) where that business is carried on in a
basic industry and where that machinery
or plant was new or was imported into
Barbados for the first time by that per-
son, an amount may, at the option of
that person, be deducted as an invest-
ment allowance, equal to 20 per cent of
such capital expenditure; and
(b) in any other case, an amount may, at
the option of that person, be deducted
as an initial allowance, equal to 20 per
cent of such capital expenditure less
the amount of any rehabilitation grant
received by that person in respect of
that machinery or plant.
(2) For the purposes of subsection (11, a capi-
tal expenditure made by a person on machinery or
plant to be used in a business and made before that
person started to carry on that business shall be
deemed to have been made on the date when that per-
son started to carry on that business.
(3) For the purposes of subsection (1), where a
capital expenditure is made by a person on machinery
or plant to be used in a business that is carried on in
a basic industry, then, if within 3 years after the in-
come year in which the expenditure was made







INCOME TAX ACT, 1968-51


(a) the machinery or plant is used in a busi-
ness that is not carried on in a basic in-
dustry,
(b) the machinery or plant is sold or trans-
ferred to a person other than a person
acquiring the machinery or plant for use
in a business that is carried on in a
basic industry, or
(c) the machinery or plant is sold or trans-
ferred in such circumstances that the
sole or main benefit obtained by the per-
son who made the initial capital expen-
diture is the obtaining of an investment
or other allowance in respect of that
machinery or plant,
then no investment allowance shall be made in respect
of that capital expenditure or if an investment allow-
ance has been made it shall be withdrawn, and in lieu
of the investment allowance an initial allowance shall
be made.
(4) Where an event described in paragraphs (a)
to (c) of subsection (3) occurs within 3 years after the
income year in which the expenditure was made, the
person to whom any investment allowance has been
made in respect of that expenditure shall give written
notice to the Commissioner to that effect and if he
fails to do so he shall pay to the Commissioner a
penalty equal to $100 plus three times the amount of
the investment allowance made in respect of that ex-
penditure.
(5) Notwithstanding any other provisions of
this Act, any adjustment of an assessment that may
be necessary in consequence of the withdrawal of an







INCOME TAX ACT, 1968-51


investment allowance may be made at any time and,
to the extent of the adjustment, an assessment so
adjusted shall be deemed to be an original assess-
ment.

13. (1) Where a person carrying on a business has Annual allow-
made a capital expenditure on dances in cal-
culation of as-
sessable income.
(a) machinery or plant, other than equip- s le income.
ment for scientific research, used in
that business,

(b) an industrial building or structure used
in that business for some purpose
other than resale, or

(c) equipment for scientific research used
in that business or in a field related
to that business,

hereafter referred to as depreciable property, then in
calculating the assessable income of that person for
an income year an amount may, at the option of that
person, be deducted as an annual allowance equal
to -

(d) in the case of machinery or plant other
than equipment for scientific research,
such percentage of the diminished
value of that machinery or plant for
that income year as is just and rea-
sonable as representing the wear and
tear in that income year on that ma-
chinery or plant,

(e) in the case of an industrial building
or structure used in that business for







INCOME TAX ACT; 1968-51


some purpose other than resale, 3 per
cent of that capital expenditure after
deducting therefrom the amount of any
rehabilitation grant made to that person
in respect of that industrial building
structure, or

(f) in the case of equipment for scientific
research used in that business or in a
field related to that business, 20 per
cent of that capital expenditure in the
income year in which the expenditure
was incurred and in the 4 immediately
ensuing income years,
on such depreciable property as is in use in the busi-
ness at the end of that income year.

(2) The diminished value of depreciable pro-
perty of a person is the amount determined by deduct-
ing from the capital expenditure on that depreciable
property

(a) the amount, if any, received by that
person as a rehabilitation grant,

(b) the amount of any initial allowance
made to that person, and

(c) the total amount of annual allowances
made to that person in preceding income
years,
in respect of that depreciable property.
(3) Notwithstanding subsection (1), no annual
allowance shall be made to a person for an income
year in respect of an industrial building or structure
if the total of






INCOME TAX ACT, 1968-51


(a) the amount, if any, received by that
person as a rehabilitation grant, and

(b) the total amount of annual allowances
made to that person in preceding in-
come years,
in respect of that industrial building or structure ex-
ceeds the capital expenditure made by that person on
that industrial building or structure.

(4) Where a person received a rehabilitation
grant in an income year in respect of depreciable
property after an initial allowance or an annual allow-
ance has been made to that person in respect of that
depreciable property in a prior income year, then the
difference between the total of the initial and annual
allowances made to that person in respect of that
depreciable property in prior income years and the
total amount of the initial and annual allowances
that would have been made to that person in respect
of that depreciable property in prior income years if
the rehabilitation grant had been made before any
initial or annual allowances were made to that person
in respect of that depreciable property shall be in-
cluded in calculating the assessable income of that
person for that income year.

(5) Where depreciable property in respect of
which an initial or annual allowance has been made
is sold, destroyed or otherwise permanently put out
of use in an income year by the person to whom the
allowance was made then

(a) where the sale, insurance, salvage or
compensation moneys in respect of that







INCOME TAX ACT, 1968-51 '


depreciable property exceed the dimin-
ished value of that depreciable proper-
ty after the appropriate allowances
have been made for the preceding in-
come year, the amount of the excess to
the extent that it does not exceed the
total of -

(i) the amount of any initial allowance,

(ii) the total amounts of annual allow-
ances, and

(iii) the amount of any balancing allow-
ance,

previously given to that person in
respect of that depreciable property,
shall be included, as a balancing
charge, in calculating the assessable
income of that person for that income
year; and

(b) where the diminished value of that
depreciable property after the appro-
priate allowances have been made for
the preceding income year exceeds the
sale, insurance, salvage or compensa-
tion moneys in respect of that depre-
ciable property, the amount of the
excess shall be deducted, as a
balancing allowance, in calculating
the assessable income of that person
for that income year.

(6) For the purposes of this section, where
machinery or plant is leased by a lessor to a lessee







( INCOME TAX AC; 1968-51


who is carrying on a business for use in that business
then this section shall apply to the person, either the
lessor or the lessee, on whom the burden of the wear
and tear on that machinery or plant directly falls, and

(a) where the burden falls directly on the
lessee, that lessee shall be deemed to
have made a capital expenditure on that
machinery or plant in an amount that
is reasonable having regard to the
terms of the lease; and

(b) where the burden falls directly on the
lessor,

(i) that lessor shall be deemed to have
been using that machinery or plant
in his business, and
(ii) where the lease continues for
part only of the income year the
annual allowance for that income
year shall be made but shall be
proportionately reduced.

(7) For the purposes of this section, where
on the sale of depreciable property the buyer has con-
trol of the seller, the seller has control of the buyer
or another person has control of both theseller and
the buyer, the selling price of thedepreciable pro-
perty shall be deemed to be the price that the depre-
ciable property would have been sold for in the open
market.

(8) For the purposes of this section where on
the sale of depreciable property the sole or main







INCOME TAX ACT, 1968-51


benefit that might be expected to accrue to the buyer
or seller or both is the obtaining of an allowance
under this section -

(a) the selling price of the depreciable
property shall be deemed to be a price
equal to the diminished value of the
depreciable property immediately be-
fore the sale; and

(b) the buyer shall not be entitled to an
initial allowance in respect of that
depreciable property.

(9) For the purposes of this section, where a
person succeeds to a business formerly carried on by
another person, any depreciable property used in the
business both immediately before and immediately
after the succession takes place shall be deemed to
have been sold by that other person to that person
succeeding at a price equal to the diminished value
of the depreciable property immediately before the
succession took place, but the person so succeeding
shall not be entitled to an initial allowance in respect
of that depreciable property.
Rules relating 14. For the purposes of sections 12 and 13,
to annual
allowances. (a) a capital expenditure on the purchase
of land or on rights in and over land
is not a capital expenditure on ma-
chinery or plant or on other depreciable
property;

(b) a reference to any machinery or plant
or to any other depreciable proper-







INCOME TAX ACT, 1968-51


ty includes a reference to a part of
that machinery or plant or other depre-
ciable property, as the case may be;

(c) a reference to the sale of machinery
or plant or any other depreciable pro-
perty includes a reference to the sale
of that machinery or plant or other
depreciable property together with
other property;

(d) all property that is sold under one
bargain shall be deemed to be sold
together notwithstanding that the form
of the transaction is that there are
separate sales of separate pieces of
property;
(e) where machinery or plant or other
depreciable property is sold together
with property that is not depreciable
property the amount that should rea-
sonably be regarded as being the
relative value of that machinery or
plant or other depreciable property,
as the case may be, shall be deemed
to be the sale price of that machinery
or plant or other depreciable property,
as the case may be;
(f) this section applies with the necessary
modifications to the value of insurance,
salvage or compensation moneys as it
applies to sales and sale prices;
and







INCOME TAX ACT, 1968-51


(g) this section applies with the necessary
modifications to the exchange of pro-
perty and to the surrender of a lease-
hold interest for valuable consideration,
as it applies to sales and sale prices,
and in particular with the modifications
that a reference to the sale price shall
be deemed to be a reference to the
value of the consideration for the ex-
change or surrender and a reference to
a capital sum included in the price shall
be deemed to be a reference to so much
of the value of the consideration as
would have been a capital sum if it had
taken the form of a money payment.


Division I

Calculation of assessable income;
miscellaneous rules; special persons

Married 15. For the purposes of this Act, the assessable
women. income of a married woman shall be computed separ-
ately from that of her husband, but in respect of a
period when a married woman is habitually living with
her husband the assessable income of the married
woman shall be deemed to be a part of the assessable
income of the husband and shall be deemed not to be
the assessable incomeof the married woman.

Non-residents. 16. In calculating the assessable income of a
non-resident person for an income year, income de-
rived from Barbados shall be included, income not







INCOME TAX ACT: 1968-51


derived from Barbados shall not be included and no
deductions or allowances in respect of the calcula-
tion of assessable income shall be made in respect
of income or the production of income not derived
from Barbados.
17. In calculating the assessable income for an Persons resi-
income year of a resident person who during the in- dent but not
domiciled.
come year is not domiciled in Barbados, the follow-
ing amounts and no others shall be included,


(a) income derived from Barbados for that
income year,

(b) income from an office or employment
for that income year, and

(c) income from other sources outside
Barbados whenever derived to the
extent that a benefit is obtained in
Barbados from that income in that
income year in the form of a remittance
of money, an importation of property,
the granting of credit by bank over-
draft or otherwise or in any other form
whatever,
and no deductions or allowances in respect of the
calculation of assessable income shall be made in
respect of income or the production of income not so
included.






INCOME TAX ACT, 1968-51


Division J

Calculation of assessable income; miscellaneous
rules; special businesses

Business of 18. In calculating the assessable income of a
operating ships non-resident person for an income year, the income of
or aircraft.
that person earned in Barbados from the operation of
a ship or aircraft owned, chartered or operated by him
shall

(a) not be included, where the country or
territory where that person resides
grants substantially similar relief
throughout the income year to a per-
son resident in Barbados, or

(b) be deemed to be 5 per cent of the
amount payable to that person in
respect of passengers, livestock, mail
and goods shipped at any port in Bar-
bados, in any other case.
Business of 19. (1) Each of the following businesses, namely
insurance fli bi s na
companies. (a) general insurance business,

(b) life insurancebusiness, and

(c) registered retirement plan business
carried on by an insurance company shall be deemed
to be a separate business carried on by a separate
person for the purposes of this Act.

(2) In the case of the general insurance
business of a resident insurance company, the as-
assessable income of the company shall be calculated






INCOME TAX ACT, 1968-51


in accordance with this Act as in the case of any
other resident company.

(3) In the case of the general insurance busi-
ness of a non-resident insurance company the as-
sessable income of the company for the income year
is
(a) the total of thegross premiums, interest
and other income of the company re-
ceived or receivable in Barbados in the
minus income year;
minus
(b) premiums returned to insured persons
and premiums, not exceeding 15 per
cent of gross premiums, paid on re-
insurances in the income year;
minus
(c) the reserve for unexpired risks adopted
by the company in respect of its total
world operations at the end of the
income year;
plus
(d) the reserve for unexpired risks adopted
by the company in respect of its total
world operations at the end of the
preceding income year;
minus
(e) the total of -

(i) the actual losses less the amount
for losses recovered under re-
insurances,

(ii) the agency expenses in Barbados,
and







INCOME TAX ACT, 1968-51


(iii) a fair proportion of the head office
expenses of the company

in the income year.

(4) In the case of the life insurance business
of a resident insurance company, the assessable in-
come of the company for the income year is its in-
vestment income minus its management expenses,
including commissions, in the income year.

(5) In the case of the life insurance business
of a non-resident insurance company, the assessable
income of the company for the income year is that
part of its investment income for that income year
that bears the same proportion to its total investment
income for that income year as the total of the pre-
miums received or receivable in Barbados in that
income year bears to the total of the premiums re-
ceived or receivable in that income year, minus the
agency expenses in Barbados and a fair proportion
of the head office expenses of the company, in the
income year.

(6) Where the investment income of a busi-
ness that is deemed by subsection (1) to be a separ-
ate business carried on by a separate person cannot
be determined because that business is carried on
in conjunction with another business that is deemed
by subsection (1) to be a separate business and the
investment income from those businesses is not
separated in the books of the company carrying on
those businesses, the following rules shall apply -
(a) in the case of a resident company the
investment income of each separate







INCOME TAX ACi, 1968-51


business is that part of the investment
income of the company that bears the
same proportion to the total investment
income of the company as the premiums
received or receivable in respect of that
separate business bears to the total
premiums received or receivable by the
company, all calculated in respect of
the income year; and

(b) in the case of a non-resident company,

(i) the Barbados investment income of
the company is that part of the
investment income that bears the
same proportion to the total in-
vestment income of the company as
the premiums received or receiva-
ble in Barbados bears to the total
premiums received or receivable
by the company, all calculated in
respect of the income year; and

(ii) the investment income of each
separate business is that part of
the Barbados investment income
of the company that bears the same
proportion to the Barbados invest-
ment income of the company as the
premiums received or receivable
in Barbados in respect of that
separate business bears to the
total premiums received or re-
ceivable in Barbados, all calcu-
lated in respect of that income
year.







INCOME TAX ACT 1968-51


(7) Where any income, other than investment
income, or any deduction or allowance of a business
that is deemed by subsection (1) to be a separate
business carried on by a separate person cannot be
determined because that business is carried on in
conjunction with another business that is deemed by
subsection (1) to be a separate business and such in-
come, deduction or allowance is not separated in the
books of the company carrying on those businesses,
the amount of such income, deduction or allowance
attributable to that separate business shall be the
amount that is reasonable in all the circumstances.

(8) A loss incurred in a business that is
deemed by subsection (1) to be a separate business
carried on by a separate person may not be set off
against the profits from any other business but with
that exception and subject to the limitations imposed
by section 23 may be carried forward and set off
against the profits of that separate business within
the five succeeding income years.
Business of 20.(1) The business of underwriting policies of
associations of insurance, other than life insurance, carried on by
underwriters.
an association of underwriters shall be deemed to be
a separate business carried on by a separate person,
for the purposes of this Act.

(2) The assessable income of a person deemed
by subsection (1) to be a separate person carrying on
a separate business for an income year is 10 per cent
of the total amount of the gross premiums derived
from Barbados and payable in the income year on
policies of insurance underwritten by that person.







INCOME TAX ACT. 1968-51


21. The business carried on by a non-resident
person of lending money upon transactions between -

(a) independent persons dealing at arm's
length; or

(b) persons, one of whom controls the
other being transactions which the
Commissioner is satisfied were entered
into on the basis of the same com-
mercial principles that would have
been applied by independent persons
dealing at arm's length,

for the purpose of promoting industrial, commercial,
scientific, educational or other development in Bar-
bados shall be deemed to be a separate business carried
ried on by a separate person, for the purposes of
this Act.
22. Where a person is deemed by this Act to be
a separate person carrying on a separate business
for the purposes of this Act with the result that such
person is deemed to be two separate persons carrying
on two or more separate businesses for the purposes
of this Act, in calculating the assessable income
or the taxable income of the two deemed separate
persons no amount may be deducted or allowed to
more than one of those deemed separate persons and
the amounts deducted or allowed shall be apportioned
between those deemed separate persons in accordance
with the determination of the Commissioner.


Business of
lending money
for develop-
ment.


Deductions and
allowances for
separate
businesses.







INCOME TAX ACT, 1968-51


Division K

Calculation of assessable income; miscellaneous
rules; special cases

Losses. 23.(1) In calculating the assessable income of a
person for an income year, a loss sustained by that
person in respect of any source of income in that
year shall be deducted from the assessable income of
that person from all other sources in that income year.

(2) Where a loss has been sustained by a per-
son in an income year in respect of a source of in-
come subject to tax under this Act, and that loss
exceeds the assessable income of that person from
all other sources whether within or outside Barbados
in that income year, the amount of the excess shall
be carried forward and shall be deducted in computing
the assessable income of that person in ensuing in-
come years, subject to the following rules,
(a) any loss carried forward shall be de-
ducted in the next succeeding income
year to the full extent of the lesser of -

(i) the amount of the loss carried
forward, or
(ii) the assessable income of that
person for that next succeeding
income year,

and, where the amount of the loss car-
ried forward exceeds the assessable
income of that person for that next
succeeding income year, only the
amount of the excess shall be carried
forward further;







INCOME TAX ACT, 1968-51


(b) no loss or part of a loss shall be car-
fied forward beyond the fifth income
year following the income year in
which the loss was sustained; and
(c) where losses that may be carried for-
ward are sustained in more than one
income year the losses shall be de-
ducted in succeeding income years in
the order in which the losses are sus-
tained.

24. (1) In calculating the assessable income of a Capital element
person for an income year, the capital element of a of annuities.
payment under -
(a) an annuity paid under a will or trust, or

(b) a purchased annuity,
shall not be included.

(2) The capital element of a payment under an
annuity paid under a will or trust is such part of the
payment as exceeds the recipient's share of the in-
come of the estate or trust in the period in respect of
which the payment is made.

(3) The capital element of a payment under a
purchased annuity shall be determined in accordance
with the following rules,

(a) where the purchased annuity is payable
for a term certain, the capital element
of each payment is that part of each
payment that bears the same proportion
to the amount of the payment as the
purchase price of, or value of the con-






INCOME TAX ACT 1968-51


sideration for the contract bears to the
total of the payment to be made under
the contract; and
(b) where the purchased annuity is pay-
able for a life, whether or not a mini-
mum term certain or a minimum total pay-
ment also forms a term of the contract,
the capital element of each payment is
that part of each payment that bears
the same proportion to the amount of
the payment as the purchase price of, or
value of the consideration for the con-
tract bears to the total of the payments
autuarially expected to be made under
the contract at the time the contract was
made, calculated on the basis of the
tables used in determining the pur-
chase price of, or value of the consid-
eration for the contract or where no
such tables were used, on the basis
of the most appropriate tables, with
the calculation being based on com-
plete expectation of life.

Transfers to 25. Where a person transfers property or the
minor. income from property in such a way, whether directly
or indirectly, that a person who is a minor during
that income year is beneficially entitled to the in-
come from that property, either immediately or in the
future and whether contingently or otherwise, then for
that income year that income shall be included in
in calculating the assessable income of the person
who transfers the property or the income from property
and shall not be included in calculating the assess-
able income of any other person.







INCOME TAX ACT. 1968-51


26. Where a person transfers property to a trus- Conditional
tee, in trust, transfers in
trust.
(a) upon terms that the trust property or
property substituted therefore shall
revert to the donor or to some other
person to be determined by the donor at
a date after the transfer, or

(b) upon terms that during the lifetime of
the donor no disposition or other
dealing with the trust property or
property substituted therefore may be
made without the consent of the donor,

then the income from that property or property sub-
stituted therefore shall be included in calculating the
assessable income of the donor and shall not be in-
cluded in calculating the assessable income of any
other person.

27. (1) Where it appears that with a view to the Controlled
avoidance or reduction of tax a company controlled companies
by not more than 5 persons has not distributed to its
shareholders, as dividend, profits for an income year
which could be distributed without detriment to the
company's existing business, such profits shall be
added to the distributed profits for that income year,
if any, and whether or not there are distributed pro-
fits for that income year, shall be deemed to have been
distributed in the same manner as they would have
been distributed if a dividend had been declared to
to the full amount of those profits for that income
year and shall be included accordingly in calculating
the assessable income of the shareholders for that
income year.







INCOME TAX ACT, 1968-51


(2) For the purposes of this section, in deter-
mining whether profits for an income year could be
distributed without detriment to the company's exist-
ing business, consideration shall be given not only
to the current requirements of the business but also
to such other requirements as may be necessary for
the maintenance and development of that business.
(3) For the purposes of this section, amounts
expended in the income year that would otherwise be
deductible in calculating the income of a company
for an income year -

(a) in or towards payment for the business,
undertaking or property which the com-
pany was formed to acquire or which
was the first business, undertaking or
property acquired by the company,

(b) in redemption or repayment of any
share, loan capital or debt, including
any premium on such share, loan
capital or debt, issued or incurred in
or towards payment for any business,
undertaking: or property described in
paragraph (a), or issued or incurred
for the purpose of raising money ap-
plied or to be applied towards payment
therefore,

(c) in meeting any obligations of the com-
pany in respect of the acquisition of
any business, undertaking or property
described in paragraph (a),







INCOME TAX ACT, 1968-51


(d) in redemption or repayment of any
share or loan capital or debt, including
any premium on such share or loan
capital or debt, issued or incurred
otherwise than for adequate considera-
tion, or

(e) in pursuance or in consequence of any
artificial transaction,

shall be deemed not to have been expended, and to
have been retained to form part of the profits for the
income year that could be distributed without detri-
ment to the company's existing business.

(4) For the purposes of this section, share or
loan capital or debt shall be deemed to be issued or
incurred otherwise than for adequate consideration if

(a) it is issued or incurred for considera-
tion the value of which to the company
is substantially less than the amount of
the capital or debt, including any pre-
mium thereon; or

(b) it is issued or incurred in or towards,
or for the purpose of raising money
applied or to be applied in or towards
the redemption or repayment of any
share or loan capital or debt which
itself was issued or incurred for such
consideration as is mentioned in para-
graph (a) or which represents, directly
or indirectly, any share or loan capital
or debt which itself was issued or in-
curred for such consideration;







INCOME TAX ACT 1968-51


and references in this subsection to money applied
or to be applied for any purpose include references
to money applied or to be applied in or towards the
replacement of that money.
(5) Any amount included in calculating the
assessable income of a shareholder under this section
for an income year shall not be included in calculating
the assessable income of a shareholder for a subse-
quent income year if that amount is distributed in re-
spect of that shareholding in that subsequent income
year.

(6) The provisions of section 65 apply with
respect to an amount deemed to have been distributed
under this section as if that amount was distributed
as a dividend.

Winding-up. 28. (1) Where on the winding-up, discontinuance
or re-organization (whether by way of reduction of capi-
tal otherwise) of a company or the business of a com-
pany in an income year, it appears that the company
had in prior income years retained profits that could
have been distributed without detriment to the com-
pany's existing business, the aggregate of those
retained profits shall be deemed to have been distri-
buted in that income year immediately before the
winding-up, discontinuance or re-organization (whether
by way of reduction of capital or otherwise) in the
same manner as they would have been distributed
if a dividend had been declared to the full amount of
the aggregate of those retained profits, and shall be
included accordingly in calculating the assessable
income of the shareholders for that income year.







INCOME TAX ACT: 1968-51


(2) For the purposes of this section, in deter-
mining whether profits for an income year could have
been distributed without detriment to the company's
existing business, consideration shall be given not
only to the then current requirements of the business
but also to such other requirements as may then have
been necessary for the maintenance and development
of that business.

(3) The provisions of section 65 apply with
respect to an amount deemed to have been distri-
buted under this section as if that amount was dis-
tributed as a dividend.

29.(1) Where on a transaction of purchase and Artificial
transactions.
sale to which a person carrying on business in Bar- transactions.
bados is a party,

(a) the vendor controls the purchaser,

(b) the purchaser controls the vendor; or

(c) the purchaser or the wife of the pur-
chaser is a relative of the vendor or the
wife of the vendor,
with the effect that the transaction does not take
place at arm's length, and the price is other than the
fair market value, then in calculating the assessable
income of the vendor or the purchaser from carrying
on business in Barbados the transaction shall be
deemed to have taken place at a price equal to the
fair market value.

(2) Where the main purpose of a transaction is
the artificial reduction of the assessable income of a
person, then in calculating the assessable income of







INCOME TAX ACT, 1968-51


the persons participating in the transaction, and
solely for the purposes of this Act and other enact-
ments relating to income tax, that transaction shall
be disregarded or shall be deemed to be modified,
whichever is more appropriate to achieve the effect
that the transaction no longer results in an artificial
reduction of the assessable income of that person.


Division L

Calculation of taxable income;
postponed benefit deduction


30. In calculating the taxable income of a
person for an income year, there shall be deducted
from the assessable income of that person -


(a) the amounts contributed by that person
on his own behalf by deduction from
emoluments, or otherwise, in the case
of an employed person, or

(b) the amounts contributed by that person
on behalf of his employees, in the case
of an employer;

Act 1966-15. under the National Insurance and Social Security Act,
1966.


31. In calculating the taxable income of an
individual for an income year, there shall be deducted
from the assessable income of that individual the
amount of the premiums paid by that individual or paid
by his wife during a period when she was habitually


National Insur-
ance contribu-
tions.


Life Insurance
Premiums.






INCOME TAX ACT, 1968-51


living with him in respect of a policy of insurance on
the life of that individual or his spouse, not exceed-
ing

(a) in the case of any one policy, an amount
equal to 7 per cent of the capital sum
assured on death under that policy;
(b) in total, an amount equal to one-sixth
of the assessable income of that indi-
vidual for that income year; or

(c) in total, $1,300.

32.(1) In calculating the taxable income of a
person for an income year there shall be deducted
from the assessable income of that person the amounts
contributed by that person, by deduction from emolu-
ments or otherwise, in that income year to a regis-
tered retirement plan, subject to the limitations im-
posed by subsections (2) to (5).

(2) 'The maximum amount that may be deducted
under subsection (1) by an employed person or a
self-employed person in an income year, in respect of
contributions made by that person on his own behalf,
is

(a) 10 per cent of the assessable income
from the employment or the business of
that person, as the case may .be, for
that income year, or

(b) $1,000,

whichever is the lesser.


Registered
retirement plan
contributions.







INCOME TAX ACT, 1968-51


(3) The maximum amount that may be deducted
under sub-section (1) in an income year, expressed as
a total of the amount that may be deducted by an em-
ployer in respect of contributions made on behalf of
an employee and the amount that may be deducted by
that employee in respect of contributions made by
him on his own behalf, is an amount equal to 15 per
cent of the pensionable emoluments paid by the em-
ployer to that employee in that income year, and where
the total amount contributed by the employer in re-
spect of an employee and by that employee on his own
behalf, when added together, exceeds that amount,
the amount that may be deducted by the employer or
by the employee, as the case may be, is the amount
that bears the same proportion to that 15 per cent as
the amount contributed by the employer or by the em-
ployee, as the case may be, bears to the total amount
contributed by both the employer and the employee.

(4) Where a registered retirement plan is first
established and a special contribution is made under
the plan by an employer in order to provide benefits
to his employees in respect of services rendered be-
fore the establishment of that registered retirement
plan, the entire amount of that special contribution
may not be deducted from the assessable income of
the employer in computing his taxable income for the
income year in which the contribution was made but
the amount of that special contribution may be de-
ducted in a number of equal parts over a period of
years, not less than 10, determined in each case by
the Commissioner, from the assessable incomes of the
employer for those income years in calculating the
taxable incomes of the employer for those income






INCOME TAX ACT, 1968-51


years, starting with the income year in which the
special contribution was made.

(5) No deduction may be made under this sec-
tion in respect of any payment if a deduction may be
made in respect of all or part of that payment under
section 31.

Division M

Calculation of taxable income;
annual payment deduction

33. In calculating the taxable income of a per- Annual payments
son for an income year there shall be deducted from to benevolent
organizations.
the assessable income of that person the amount of
payments made by that person in that income year un-
der a settlement, where

(a) the payments are made to a registered
benevolent organization;

(b) the payments are made under a re-
quirement of the settlement that such
payments will be made every year for
a period of not less than 3 years; and

(c) the terms of the settlement cannot be
modified or revoked by that person
during that period of not less than 3
years;

subject, however, that the amount that shall be de-
ducted under this section for an income year shall
not exceed 10 per cent of the assessable income of
that person for that income year.






INCOME TAX ACT, 1968-51


Other annual 34. In calculating the taxable income of an
payments, individual for an income year there shall be deducted
from the assessable income of that individual the
amount of payments made by that individual in that
income year under a settlement, where
(a) the payments are made to or applica-
ble for the benefit of another individual
under a requirement of the settlement
that such payments will be made every
year for a period of not less than 7
years or for the life of that other indivi-,
dual, whichever is the longer period;

(b) the settlement cannot be modified or
or revoked by that individual; and

(c) no income arising from property com-
prised in the settlement and none of
that property is payable to or applica-
ble for the benefit of the settlor or his
spouse, except in the event of

(i) the bankruptcy of some other
individual who is or may be-
come beneficially entitled to
that income or property;
(ii) an assignment of or charge on
that income or property being
made or given by some other
individual who is or may become
beneficially entitled to that
income or property;

(iii) in the case of a marriage settle-
ment, the death of both the







INCOME TAX ACT 1968-51


parties to the marriage and of
the children of the marriage, if
any; or
(iv) in the case of a settlement
where an individual would be
beneficially entitled to the
income or property upon at-
taining the age of 25 or some
lower age, the death of that
individual before attaining that
age.

35. In calculating the taxable income of an Maintenance.
individual for an income year there shall be deducted
from the assessable income of that individual the
amount of maintenance paid by that individual in that
income year.

Division N
Calculation of taxable income;
medical expense deduction

36. In calculating the taxable income of an Medical
individual for an income year there shall be deducted expenses.
from the assessable income of that individual the to-
tal amount paid by that individual in that income year
for

(a) medical, dental or nursing services
rendered in Barbados by

(i) a medical practitioner registered
under the Medical Registration
Act, 1911, Act 1911-6.







INCOME TAX ACT, 1968-51


(ii) a dental practitioner registered
Act 1923-3. under the Dental Registration
Act, 1923, or
(iii) a midwife or nurse registered
Act 1982-1. under the Midwives and Nurses
Registration Act, 1932;
(b) medical, dental or nursing services ren-
dered outside Barbados by a person
qualified to render those services, and
not prohibited from rendering those
services, under the law of the place
where those services were rendered;

(c) hospital services, facilities and accom-
modation provided in Barbados by a
public hospital, private clinic or nurs-
ing home under the direct supervision
and control of a person described in
paragraph (a);

(d) hospital services, facilities and accom-
modation provided outside Barbados
by a public hospital, private clinic or
nursing home under the supervision
and control of a person described in
paragraph (b); or

(e) medicines, drugs, dentures, spectacles
or appliances prescribed or provided
by a person described in paragraph (a)
or (b),
where those services or goods were provided to the
individual or to a relative of the individual in respect
of whom the individual is entitled to a deduction under







INCOME TAX ACT, 1968-51


section 38 in calculating his taxable income for that in-
come year, to the extent that such total amount exceeds
$20 and to the extent that the excess does not exceed
(f) $300 in the case of a married man who
is entitled to a deduction under section
38 in respect of his wife, in calculating
his taxable income for that income year,
and $150 in any other case,
plus

(g) $75 in respect of each child of that
individual in respect of whom that indi-
vidual is entitled to a deduction under
section 38 in calculating his taxable
income for that income year.

Division 0

Calculation of taxable income:
Wife's earned income deduction

37. In calculating the taxable income of an Wife's earned
individual for an income year, there shall be deducted income.
from the assessable income of that individual an
amount equal to
(a) the earned income of his wife, or

(b) $540,

whichever is the lesser, if the earned income of his
wife is included in calculating his assessable income
for that income year.







INCOME TAX ACT, 1968-51


Division P

Calculation of taxable income;
dependant deduction

Defendants. 38.(1) In calculating the taxable income of an
individual for an income year there shall be deducted
from the assessable income of that individual such of
the following amounts as are applicable,

(a) in the case of an individual who during
the income year was a married person
who wholly supported his spouse or who
during the income year was a married
man whose wife was habitually living
with him, the amount of $1,400;

(b) in the case of an individual not entitled
to a deduction under paragraph (a), the
amount of $800;

(c) in the case of an individual who during
the income year supported his child or
the child of his spouse,

(i) where the child had attained the
age of 16 years at the end of
that income year and was during
the income year receiving full
time instruction at an educa-
tional establishment outside
Barbados, the amount of $720
less the assessable income of
the child for that income year
in excess of $120,

(ii) where the child had attained the
age of 16 years at the end of







INCOME TAX ACT, 1968-51


that income year and was during
the income year receiving full
instruction at an educational
establishment within Barbados,
the amount of $420 less the
assessable income of the child
for that income year in excess
of $120,
(iii) where the child had attained the
age of 12 years but had not at-
tained the age of 16 years at the
end of the income year and was
during the income year receiv-
ing full time instruction at an
educational establishment wheth-
er within or outside Barbados,
the amount of $360 less the
assessable income of the child
for that income year in excess
of $120, and

(iv) in the case of any other child
who had not attained the age of
16 years at the end of that in-
come year, the amount of $270
less the assessable income of
the child for that income year
in excess of $120,

in respect of each such child;

(d) in the case of an individual who during
the year supported a person who was a
relative of that individual or a relative
of the spouse of that individual and
such person was






INCOME TAX ACT 1968-51


(i) a person who had not attained
the age of 16 years at the end
of the income year,
(ii) a person who had attained the
age of 16 years at the end of
the income year but was during
the income year receiving full
time instruction at an educa-
tional establishment whether
within or outside Barbados, or
(iii) a person who had attained the
age of 16 years at the end of
the income year but was unable
to support himself by reason of
old age or infirmity,

the amount of $240 less the assessable
income of that person in excess of
$120 in respect of each such person
but not exceeding two such persons;

(e) in the case of an individual who was a
widower or widow in the income year
and who during the income year had
living with him or her or who employed
a female person for the purpose of

(i) having the charge and care of a
child of the individual who had
not attained the age of 16 years
at the end of the income year, or
(ii) acting as housekeeper for the
individual,

the amount of $240, in respect of only
one such female person;






INCOME TAX ACT, 1968-51


(f) in the case of an individual who was an
unmarried person in the income year
and who during the income year sup-
ported and had living with him or her a
female relative for the purpose of having
the charge and care of a brother or
sister of the individual who had not at-
tained the age of 16 years at the end of
the income year, the amount of $240 in re-
spect of only one such female relative.
(2) In calculating the taxable income of an
individual, only one deduction may be made under
subsection (1) in respect of any person in respect of
whom a deduction is made under subsection (1).

(3) Where more than one individual is entitled
to a deduction under subsection (1) in respect of the
same person in the same income year, the aggregate
amount that may be deducted by those individuals in
respect of that person in that income year shall be the
amount that one of those individuals would be entitled
to deduct, but for this subsection, in respect of that
person, and the part of that amount that each of those
individuals may deduct in respect of that person in
that income year may be agreed between them and,
failing agreement, shall be fixed by the Commissioner.

(4) Where an individual makes a payment of
of maintenance in an income year the spouse or child
in respect of whom that payment is made shall, for
the purpose of this section, be deemed not to be the
spouse or child of that individual.







INCOME TAX ACT, 1968-51


Division Q

Calculation of taxable income;
general

Deductions for 39.(1) Subject to subsection (2), in calculating
non-residents, the taxable income of a non-resident person for an
income year, no deduction may be made under sections
31, 36, 37 or 38.

(2) In calculating the taxable income for an
income year of a non-resident individual who is a
Commonwealth citizen throughout that income year,
deductions shall be allowed under sections 31, 37
and 38, but the amounts deductible under those sec-
tions shall be reduced so that the amount of tax pay-
able is not less than the amount which bears the same
proportion to the amount which would be payable by
that individual if the tax were chargeable on his total
income from all sources, both within and outside
Barbados, as the amount of his assessable income
under this Act bears to the amount of his total in-
come from all sources.

Division R

Miscellaneous Rules

Trusts and 40. (1) For the purposes of this Act, a trust or es-
Estates. tate, other than a unit trust shall, in respect of the
trust or estate property and in respect of the income
arising therefrom, be deemed to be a separate indivi-
dual.

(2) In calculating the assessable income of a
trust or estate, other than a unit trust, for an income
year, there shall be deducted such part of the amount







INCOME TAX ACT, 1968-51


that would otherwise form its assessable income for
the income year as is payable to a beneficiary in that
income year.
(3) For the purposes of this section and of
paragraph (k) of section 8, an amount shall not be
considered to be payable in an income year unless it
was paid in the year to the person to whom it was
payable or that person was entitled in that year to
enforce payment thereof.

(4) In calculating the taxable income of a trust
or estate for an income year no deduction shall be
made under sections, 31, 34, 35, 36, 37 or 38.

41. (1) For the purposes of this Act, a registered Unit trusts.
unit trust shall be deemed to be a company resident in
Barbados and the persons having an interest in the re-
gistered unit trust shall be deemed to be shareholders
in that company with the shareholdings of the persons
having an interest in the registered unit trust being
deemed to be in the same proportion as their interests
in the registered unit trust.
(2) For the purposes of this Act, the income of
a registered unit trust for an income year shall be
deemed to have been distributed as a dividend at the
following times, namely

(a) where the income was in fact distri-
buted in that income year to the persons
having interests in the registered unit
trust, on the date when the distribution
was made; and

(b) where the income was not distributed in
that income year to the persons having
interests in the registered unit trust,








INCOME TAX ACT, 1968-51


on the date when that income would
have been distributed if the earliest
possible decision had been made under
the terms of the trust to distribute that
income.
(3) No person shall carry on or purport to carry
on the business of dealing in securities or any other
property whatsoever as manager or trustee or otherwise
on behalf of a unit trust unless the unit trust is a
registered unit trust.

(4) No person shall in Barbados -

(a) act as an agent or representative of; or

(b) invite or solicit any person to pur-
chase an interest in; or

(c) publish or cause to be published an
invitation to any person to purchase an
interest in

a unit trust which is not a registered unit trust.

Division S

Rates of tax
Rates of tax 42.(1) The tax payable by an individual upon his
for individuals.
for individuals. taxable income for an income year is

(a) 3 per cent of every complete dollar of
such taxable income up to and includ-
ing $500;

(b) 5 per cent of every complete dollar of
such taxable income above $500 and up
to and including $1,000;







INCOME TAX ACT, 1968-51


(c) 10 per cent of every complete dollar of
such taxable income above $1,000 and
up to and including $2,000;
(d) 15 per cent of every complete dollar of
such taxable income above $2,000 and
up to and including $3,000;

(e) 20 per cent of every complete dollar of
such taxable income above $3,000 and
up to and including $4,000;

(f) 25 per cent of every complete dollar of
such taxable income above $4,000 and
up to and including $5,000;

(g) 30 per cent of every complete dollar of
such taxable income above $5,000 and
up to and including $6,000;
(h) 35 per cent of every complete dollar of
such taxable income above $6,000 and
up to and including $8,000;
(i) 40 per cent of every complete dollar of
such taxable income above $8,000 and
up to and including $10,000;

(j) 45 per cent of every complete dollar of
such taxable income above $10,000 and
up to and including $12,000;

(k) 50 per cent of every complete dollar of
such taxable income above $12,000 and
up to and including $15,000; and
(1) 60 per cent of every complete dollar
of such taxable income above $15,000
and up to and including $19,000;







INCOME TAX ACT, 1968-51


(m) 70 per cent of every complete dollar
of such taxable income above $19,000
and up to and including $24,000; and

(n) 75 per cent of every complete dollar of
such taxable income above $24,000.

(2) Notwithstanding subsection (1), where the
tax that would be payable by an individual for an in-
come year is less than $1, no tax is payable by that
individual for that income year.

Rate of tax 43. The tax payable by a company other than
for companies.
(a) a company that is deemed to be a separate
person carrying on the life insurance busi-
ness of an insurance company, or

(b) a society registered under the Building
Act 1889--1.
Societies Act, 1889,

upon its taxable income for an income year is 40 per
cent of every complete dollar of such taxable income.

Rate of tax 44. The tax payable by
Rate of tax
for insurance (a) a company that is deemed to be a separate
companies, person carrying on the life insurance busi-
ness of an insurance company, and

(b) a society registered under the Building
Societies Act, 1889,

upon its taxable income for an income year is 20 per
cent of every complete dollar of such taxable income.

Rate of tax for 45. Notwithstanding section 42, 43 or 44, the tax
Associations of
underwriters, payable by an association of underwriters that is
deemed by section 20 to be a separate person carry-
ing on a separate business for an income year is 40







INCOME TAX ACT, 1968-51


per cent of every complete dollar of the taxable in-
come of that separate person for that income year.

46. Notwithstanding section 42, 43 or 44, the tax
payable by a non-resident person that is deemed by
section 21 to be a separate person carrying on a
separate business for an income year is 1212, per cent
of every complete dollar of the taxable income of that
separate person for that income year.

Division T

Special taxes

47. Where an individual receivesin an income year
a lump sum payment as a return of contributions under
a registered retirement plan, then notwithstanding
paragraph (g) of section 8 he may elect that the amount
of such payment shall not be included in calculating
his assessable income for that income year and where
he so elects he shall pay an additional tax in respect
of that income year equal to that part of the amount
of such payment as bears the same proportion to the
amount of such payment as the total amount of tax
payable under this Act by that person for the 3 pre-
ceding income years bears to the total of the assess-
able incomes of that person for the 3 preceding income
years.


48. Where a shareholder is deemed to have re-
ceived in an income year an amount on a deemed dis-
tribution of the aggregate of retained profits under
section 28, then notwithstanding section 28 he may
elect that such amount shall not be included in cal-


Rate of tax for
development
loans.


Returns of con-
trihutions under
registered retire-
m nt plans.

















Amounts deem-
ed received on
winding-up etc.






58 INCOME TAX ACT, 1968-51


culating his assessable income for that income year
and where he so elects he shall pay on such amount
an additional tax in respect of that income year at
a rate equal to the average of the highest rates pay-
able by him on his taxable income during the three
preceding income years.







INCOME TAX ACT, 1968-51


Part III

ADMINISTRATION AND ENFORCEMENT

Division U

Staff and Secrecy

49.(1) The Commissioner shall administer and en-
force this Act and other laws relating to income tax
and shall control and supervise all persons employed
to assist him in the administration and enforcement
of this Act and those laws.

(2) The Commissioner and such other officers
and employees as are necessary to administer and
enforce this Act and other laws relating to income
tax shall be public officers.

50. The Commissioner and any officer or other
person employed to administer and enforce this Act
and other laws relating to income tax who is specifi-
cally designated by the Commissioner for that purpose,
may for a purpose connected with the administration
or enforcement of this Act or those laws, administer
oaths and take and receive affidavits, declarations and
affirmations and such oaths, affidavits, declarations
and affirmations shall be of the same force and effect
as if administered, taken or received by a Justice of
the Peace.


51. The Commissioner, the members of the In-
come Tax Appeal Board and the officers and other
persons employed to administer and enforce this Act
and other laws relating to income tax shall

(a) maintain and aid in maintaining the secrecy
of all matters relating to this Act and


Commissioner
and staff.


Administration
of oaths.













Secrecy.







INCOME TAX ACT, 1968-51


other laws relating to income tax which
come to their knowledge and shall not
communicate any such matters to any
person except for the purpose of adminis-
tering or enforcing this Act or any other
law of Barbados; and

(b) before they begin to perform any duty in
relation to their office or employment, take
and subscribe the prescribed oath of fideli-
ty and secrecy.

Division V
Returns of income

52. (1) Every company and every other person who
has carried on a business in an income year, whether
or not an assessable income has been derived by that
person in that income year, shall deliver to the Com-
missioner a return of his assessable income for that
income year together with such additional information
as is prescribed, all in prescribed form, on or before
the 30th day of April in the year following that income
year or within such further period as the Commissioner
may in writing allow on a written application made to
the Commissioner before the 30th day of April in such
following year.

(2) Every person who is not required to file a
return of his assessable income for an income year
under subsection (1) and who was in that income
year

(a) an owner of land;

(b) an owner of property, other than land,
from which an assessable income was
derived;


Returns of in-
come and esti-
mate of tax.






INCOME TAX ACT. 1968-51


(c) a trust or estate;
(d) an individual who

(i) was a married person who wholly sup-
ported his spouse, or

(ii) was a married man whose wife was
habitually living with him,

and whose assessable income, including
the assessable income of his spouse, .was
$1,400 or over in that incomeyear, or

(e) an individual, other than an individual
described in paragraph (d), whose assess-
able income was $800 or over in that
income year,
shall deliver to the Commissioner a return of his as-
sessable income for that income year together with
such additional information as is prescribed, all in
prescribed form, on or before the 30th day of April
in the year following that income year.

(3) Where a business is carried on by two or
more persons jointly the partner who is resident in
Barbados and who is named in the written partnership
agreement before any other partner who is resident in
Barbados or where there is no written partnership
agreement the oldest partner who is resident in Barba-
dos shall deliver to the Commissioner a return of the
the assessable income of the partnership for an income
year together with such additional information as is
prescribed and including a statement of the names
and addresses of all the partners in that income year
and a statement of the share of the assessable income







INCOME TAX ACT, 1968-51


of the partnership to which each partner is entitled,
all in prescribed form, on or before the 30th day of
April in the year following that income year or within
such further period as the Commissioner may in writing
allow on a written application made to the Commis-
sioner before the 30th day of April in such following
year.

(4) A return of assessable income purporting
to be made by or on behalf of any person shall for all
purposes be deemed to have been made by that person
or by his authority, as the case may be, unless the
contrary is proved.

(5) Every company and every other person re-
quired by this section to file a return of his assessable
income for an income year shall, in such return in ac-
cordance with this Act -

(a) set out the deductions from assessable
income that he wishes to claim,

(b) calculate his taxable income, and

(c) estimate the amount of tax payable
by him.

Division W

Assessments
Assessments. 53.(1) The Commissioner shall determine the as-
sessable income and taxable income for an income year
of every person by whom tax is payable for that income
year and shall assess the amount of tax payable for
that income year by each such person.







INCOME TAX ACT, 1968-51


(2) The Commissioner shall make an assess-
ment under subsection (1) notwithstanding that no re-
turn of income has been delivered by the person liable
to assessment under that subsection.

(3) In making an assessment under subsection
(1) the Commissioner is not bound by the information
contained in a return delivered by the person being
assessed, or by other information supplied by, on be-
half of, or in respect of that person.

54.(1) After an assessment has been made inre- Assessments.
spect of a person for an income year, the Commissioner
may make a re-assessment of the amount of tax payable
by that person in respect of that income year


(a) at any time, where the person has made
any misrepresentation or has failed to
disclose any material fact in making the
return or in supplying information required
to be supplied in accordance with this
Act; or

(b) within 5 years after the end of that income
year, in any other case.

(2) Where an assessment or re-assessment has
been the subject of an appeal to the Income Tax Ap-
peal Board or the High Court, no re-assessment may
be made in respect of that person for that income year
unless that person has made a misrepresentation or
has failed to disclose any material fact in making his
return or in supplying information required to be sup-
plied in accordance with this Act.







64 INCOME TAX ACT; 1968-51


Notices of 55. After making an assessment or re-assessment
assessment. in respect of a person for an income year the Commis-
sioner shall deliver a notice of assessment or notice
of re-assessment to that person showing the amountof
tax payable by that person in respect of thati'ncome
year.

Finalityof 56. Subject only to a re-assessment on objection
assessments.
assessments.or otherwise, or to a settled assessment or final as-
sessment on appeal under this Act an assessment
or re-assessment shall be final and binding notwith-
standing any defect or omission therein or in anypro-
ceeding under this Act relating thereto.







INCOME TAX Act 1968-51


Division X
Objections
57.(1) A person who disputes his assessment or Objections.
any part thereof may object to the assessment within
21 days after the date of the notice of assessment or
notice of re-assessment, as the case may be, by de-
livering to the Commissioner a notice of objection.

(2) A notice of objection shall be in writing
and shall, as far as possible, statethe precisegrounds
of objection to the assessment.

(3) As soon as conveniently possible after re-
ceipt of a notice of objection the Commissioner shall
give the person who objects to the assessment an
opportunity to support his objection by a written or
oral submission to the Commissioner and thereafter
the Commissioner shall review the assessment and
shall either confirm the assessment or make a re-
assessment.

(4) As soon as the Commissioner has either
confirmed the assessment or made a re-assessment
he shall deliver to the person who has objected tothe
assessment a notice of confirmation or a notice of re-
assessment, as the case may be.

(5) Where a person has objected to an assess-
ment and has received a notice of confirmation or a
a notice of re-assessment he may not object further
to the Commissioner in respect of that assessment
as confirmed or that re-assessment.
(6) Where there is adequate reason why the
time limits established by this section could not rea-







INCOME TAX ACT, 1968-51


sonably be complied with the Commissioner may ex-
tend the time limits established by this section for a
fixed period, to be determined by him.


Division Y
Appeals

income Tax 58.(1) There is hereby established an Income
Appeal Board. Tax Appeal Board which shall have a separate ex-
istence apart from its members.

(2) The Minister shall appoint as members of
the Board such number of persons, being not less than
5, as the Minister considers necessary to discharge
the functions of the Board, and the Minister shall
appoint as Chairman of the Board one of those mem-
bers who has been a judge of a court having unlimited
jurisdiction in civil and criminal matters in some
part of the Commonwealth or a court having jurisdic-
tion in appeals from any such court:
Provided that where the Minister is satisfied
that there is no suitable person who has been such a
judge as is mentioned in sub-section (2) available and
willing to be appointed, he shall appoint as Chairman
of the Board a person who has been entitled to prac-
tise in Barbados as a barrister or solicitor for not
less than ten years but who is not in active practice
in Barbados as a barrister or solicitor.

(3) Every member of the Income Tax Appeal
Board shall hold the office of member for a term of 3
years unless he dies, resigns or is dismissed by the
Minister for cause before the end of that term, but







INCOME TAX ACT 1968-51


(a) a member who is appointed to fill a
vacancy created by the death, resig-
nation or dismissal for cause of a former
member shall hold office only for the
unexpired portion of the term of that
former member, and

(b) every member is eligible for re-appoint-
ment for a further term.

(4) The Minister may grant leave of absence
to the Chairman or any other member of the Income
Tax Appeal Board and, notwithstanding sub-section
(2), may appoint a person to act in place of the
Chariman or that other member during the absence of
the Chairman or that other member or during any period
when the Chairman or any other member is unable to
perform the functions of his office.

(5) The members of the Income Tax Appeal
Board shall be paid such remuneration, if any, as is
fixed by the Minister.

(6) The Minister shall from time to time as-
sign a public officer to perform the functions of
Secretary of the Income Tax Appeal Board.

(7) An appeal to the Income Tax Appeal
Board shall be heard and determined by the Chairman
and two members of the Board selected by the Chair-
man and the Chairman and the members so selected
shall have all the powers of the Board in relation
to that appeal.






INCOME TAX ACT 1968-51


Appeals to In- 59. (1) Any person who has objected to an assess-
come Tax
Appeal Board. ment and who has received a notice of confirmation or
notice of re-assessment may appeal from the decision
of the Commissioner to the Income Tax Appeal Board
within 30 days after the date when the notice of con-
firmation or notice of re-assessment, as the case may
be, was delivered to him, by delivering to the Secretary
of the Income Tax Appeal Board 6 copies of notice
of appeal.

(2) A notice of appeal shall, as far aspossible,
state the precise grounds for the appeal.

(3) The Secretary of the Income Tax Appeal
Board shall transmit 4 copies of the notice of appeal
to the Chairman of the Income Tax Appeal Board and
one copy of the notice of appeal to the Commissioner.

(4) The Chairman of the Income Tax Appeal
Board shall select the two members of the Board who,
together with him, are to hear and determine that ap-
peal and shall transmit one copy of the notice of ap-
peal to each of those members.

(5) The Chairman of the Income Tax Appeal
Board shall set the place, date and time for the hearing
of the appeal and shall notify the appellant and the
Commissioner of that place, date and time at least
7 days be fore the date set for the hearing.
(6) In an appeal to the Income Tax Appeal Board
(a) the appeal shall be heard in camera;

(b) the appellant and the Commissioner may
appear in person or may be represented
by counsel, a solicitor or an agent;
(c) the onus of proof ison the appellant;







INCOME TAX ACT, 1968-51


(d) the Chairman of the Board may summon
any witness and require him to give
evidence on oath or otherwise and to
produce such documents or things in his
possession or control as the Chairman
considers may be of assistance in reach-
ing a decision;

(e) subject to this section and to any rules
with regard to the Board the Chairman of
the Board may determine the procedure
to be followed in appeals; and

(f) the Board has no power to award costs.

(7) Where the members of the Income Tax Appeal
Board who are hearing an appeal are not unanimous in
their decision the decision of the majority of those
members is the decision of the Board.

(8) The Income Tax Appeal Board shall, -by
order,

(a) confirm the assessment or reassessment
appealed from; or

(b) refer the assessment back to the Com-
missioner with directions for making
a settled assessment;
and the Secretary shall transmit one copy of the order
to the appellant and one copy of the order to the Com-
missioner, in each case together with a written state-
ment of the reasons for the Board's decision.







INCOME TAX ACT, 1968-51


(9) Where the Income Tax Appeal Board has
referred an assessment or re-assessment back to the
Commissioner with directions for making a settled
assessment, the Commissioner shall make a settled
assessment in accordance with those directions and
shall deliver to the appellant a notice of settled
assessment.

(10) If an appellant believes that a notice of
settled assessment is not in accordance with the
directions of the Income Tax Appeal Board he may
apply to the Chairman of the Board who shall, by
order, determine the content of the notice of settled
assessment which shall then be delivered by the Com-
missioner to the appellant.

Appeals to 60.(1) Any person
High Court.
(a) who has objected to an assessment and
who has received a notice of confirma-
tion or notice of re-assessment, or

(b) who has appealed to the Income Tax
Appeal Board and

(i) who has received a notice of set-
tled assessment, or

(ii) whose assessment or re-assessment
has been confirmed by the Board,

may appeal from the decision of the Commissioner or
the decision of the Board, as the case may be, to the
High Court within 30 days after the date when the
notice of confirmation or notice of re-assessment was
delivered to him or within 30 days after the notice of








INCOME TAX ACT, 1968-51


settled assessment was delivered to him or the assess-
ment or re-assessment was confirmed by the Board,
as the case may be.

(2) The Commissioner may appeal from the
decision contained in an order of the Income Tax Ap-
peal Board to the High Court within 30 days after the
making of the order.

(3) An appeal to the High Court shall be in-
stituted by summons to be designated an Income Tax
Assessment Summons entitled in the manner of the
Income Tax Act and in the matter of the assessment
of the person whose assessment is in dispute, naming
him, for a certain income year, designating it.

(4) Every Income Tax Assessment Summons
shall contain particulars, shortly stated, of theassess-
ment that isin dispute.

(5) Every Income Tax Assessment Summons
shall be returnable within 14 days and shall be served
on -

(a) the Commissioner or the person whose
assessment is in issue, as the case may
be; and

(b) on the Secretary of the Income Tax Ap-
peal Board in the case of an appeal
from a decision of that Board;

and where an Income Tax Assessment Summons is
served on the Secretary of the Income Tax Appeal
Board the Secretary shall within 14 days of the date
of service of such summons transmit to the Registrar







INCOME TAX ACT, 1968-51


of the Supreme Court a record of the proceedings
before the Board including a statement of the reasons
for the Board's decision.

(6) Subject to this Act, the rules of the Supreme
Court applicable in respect of proceedings by way of
originating summons shall apply with such modifica-
tions as are necessary in respect of proceedings on
an Income Tax Assessment Summons.

(7) The proceedings on an Income Tax Assess-
ment Summons and on all matters and things inciden-
tal and ancillary thereto shall be had and taken in the
same manner, and the powers of the Judge and the
Registrar shall be the same as in a trial in an action
in the High Court.

(8) Notwithstanding subsection (7), in any pro-
ceedings on an Income Tax Assessment Summons,

(a) the hearing shall be in camera unless
the person whose assessment is in
issue requests that the hearing be held
in open court and in such case the hear-
ing shall be held in open court; and

(b) the onus of proof shall be on the appel-
lant.

(9) At the conclusion of the proceedings on an
Income Tax Assessment Summons, the fligh Court shall,
by order,

(a) confirm the assessment or re-assessment
in issue; or







INCOME TAX ACT, 1968-51


(b) refer the assessment or re-assessment
back to the Commissioner with direc-
tions for making a final assessment.

(10) Where the High Court has referred an assess-
ment or re-assessment back to the Commissioner with
directions for making a final assessment, the Com-
missioner shall make a final assessment in accordance
with those directions and shall deliver to the person
whose assessment was in issue a notice of final
assessment.

(11) If a person whose assessment was in issue
on an Income Tax Assessment Summons believes that
notice of final assessment is not in accordance with
the directions of the High Court he may apply, in cham-
bers, to the judge who made the order of the Court or,
if that judge cannot hear the application, to any other
judge, for an order determining the content of the notice
of final assessment which shall then be delivered by
the Commissioner to that person.

61. (1) Either the Commissioner or any person Appeals to
whose assessment was in issue on an Income Tax Court of
Appeal and
Assessment Summons may appeal from the decision on point of
law to Privy
of the High Court to the Court of Appeal and every council.
such appeal shall be made within the time and in the
manner laid down by any enactment or rules of court
for the purposes of appeals from the High Court to the
Court of Appeal and shall be subject in all respects
to the law relating to such appeals.

(2) An appeal on a point of law only shall lie
as of right to Her Majesty in Council from any decision
of the Court of Appeal under this section.







INCOME TAX ACT, 1968-51


Time limits. 62. Where there is adequate reason why the time
limits in respect of appeals to the Income Tax Appeal
Board or in respect of appeals to the High Court could
not be complied with the chairman of the Income Tax
Appeal Board or a judge of the High Court, as the
case may be, may extend those time limits for a fixed
period, to be determined by him.

Finality of 63. Subject to paragraph (a) of subsection (1)
appealed of section 54 and to section 61 --
assessments.
(a) a final assessment or an assessment
confirmed by the High Court; and

(b) subject also to an appeal to the High
Court, a settled assessment or an as-
sessment confirmed by the Income Tax
Appeal Board,
shall be final and binding and except in proceedings
on appeal under this Act shall not be questioned in
any Court or in any proceedings.

Division Z

Payment
prepayment
by deductions. 64.(1) Every person paying to any other person

(a) salary or wages,

(b) a retirement plan benefit, or

(c) any other emoluments

and every person paying to a non-resident per-
son

(d) interest

(e) rents,







INCOME TAX Act 1968-51


(f) maintenance,

(g) dividends from profits that are exempt
from tax or have not been taxed, other
than dividends paid to a non-resident
with respect to whom the Commissioner
has issued a certificate that the non-
resident is exempt from income tax on
such dividend under the Pioneer Indus-
tries Act, 1958, or the Industrial De- Act 1958-54.
velopment (Export Industries) Act, 1963, Act 1963-28.
or theIndustrial Incentives Act, 1963, or
the Industrial Incentives (Factory
Construction) Act, 1965, or Act 1965-29.

(h) an amount that may be deducted bythe
person making the payment under sec-
tion 34 in calculating his taxable in-
come,
shall deduct or withhold therefrom such amount as is
prescribed and shall at such time as is prescribed, pay
the amount so deducted or withheld to the Commis-
sioner as a prepayment of tax of the person to whom
that amount would otherwise have been paid.
(2) Where an amount has been deducted or with-
held under subsection (1) the person who would other-
wise have received that amount shall be deemed for
all purposes of this Act to have received that amount
on the date when it would have been received if
it had not been deducted or withheld.
(3) An amount deducted or withheld by a person
under subsection (1) shall be held in trust for the
Crown by that person and shall be kept separate and
apart from his other assets by that person and
shall not be subject to attachment in respect of any







76 INCOME TAX ACT, 1968-51


debt or liability of that person and in event of any
liquidation, assignment or bankruptcy that amount shall
not form a part of the estate in liquidation,assign-
ment or bankruptcy.

(4) The payment of an amount to the Commis-
sioner under subsection (1) operates as a discharge
of any liability on the part of the person deducting or
withholding that amount to the person from whom the
amount was deducted or withheld.






INCOME TAX ACT, 1968-51


65.(1) Every company registered in Barbados company
shall upon payment of a dividend to a shareholder dividends.
deliver to the shareholder, a certificate in prescribed
form showing the net amount of the dividend, the rate
of tax paid or payable by the company on the profits
from which that dividend was declared, not taking in-
to account any credit allowed in Barbados for foreign
income tax paid by that company, and the gross
amount that is obtained by applying to that gross
amount that rate of tax so as to produce the net
amount of the dividend.
(2) The difference between the gross amount
obtained under subsection (1) in respect of a divi-
dend paid to a shareholder of a company registered
in Barbados and the net amount of the dividend paid
to the shareholder shall be deemed to be an amount
of tax paid by that shareholder in respect of the in-
come year of the shareholder in which the dividend
was paid.

66.(1) Where a return of assessable income for payment of
an income year is filed within the time required by tax'
section 52 and any tax is, in compliance with sub-
section (5) of that section, estimated as payable for
that income year by a company or other person, then -

(a) every company shall pay to the Com-
missioner not later than the relevant
date any part of the tax that is so esti-
mated and is then unpaid; and

(b) every individual shall pay to the Com-
missioner -







INCOME TAX ACT, 1968-51


(i) not later than the relevant date,
one half of the tax that is so esti-
mated and is then unpaid; and

(ii) not later than the 30th day of Sep-
tember in the year of assessment
relating to that income year, the
other half of the tax that is so
estimated and is then unpaid.

(2) For the purposes of subsection (1) the ex-
expression "the relevant date" means the date on or
before which a return of assessable income is under
section 52 required to be filed or, as the case may be,
the date on or before which the Commissioner in ac-
cordance with that section allows such a return to be
filed.

(3) Every person who complies with section
52 and who receives in respect of an income year a
notice of assessment dated not later than the 30th
day of September in the year of assessment relating
to that income year shall pay to the Commissioner,
(a) on or before the said 30th day of Sep-
tember; or

(b) within 30 days of the date of the notice
of assessment,

whichever occurs later, any part of the tax that is
assessed and is then unpaid, whether or not any ob-
jection has been made or any appeal has been taken
in relation to that assessment.

(4) Every person, other than one to whom sub-
section (3) applies, shall, within 30 days of the date







INCOME TAX ACT, 1968-51


of the notice of assessment in relation to that person,
pay to the Commissioner any part of the tax that is
assessed and is then unpaid, whether or not any objec-
tion has been made or any appeal has been taken in re-
lation to that assessment.

67. (1) A person who -
Penalties
(a) fails to deliver a return of income under and interest.
section 52 within the time required by
that section; or

(b) in a return of income under section 52
fails to estimate the tax payable by him,
shall, in addition to the tax payable by him under this
Act, pay to the Commissioner a penalty equal to
5 per cent of the tax assessed on that person for the
income year for which the return of income was not
filed punctually or for which a return of income was
filed without any estimate of the tax payable and that
was unpaid at the time the failure occurred.

(2) A person who fails to deduct, withhold or
pay an amount that he is required by section 64 to de-
duct, withhold or pay within the time prescribed,
shall pay to the Commissioner a penalty equal to 10
per cent of the amount that was not deducted, withheld
or paid, or $10, whichever is the greater.

(3) A person who fails to pay an amount that
he is required by section 64 to pay at or within the
time prescribed, shall, in addition to the penalty im-
posed by subsection (2), pay to the Commissioner an
amount as interest at the rate of one half per cent
per month calculated for each month during which any







INCOME TAX ACT 1968-51


part of the amount was not paid on the largest amount
that had not been paid at any time in that month.

(4) Where any penalty or interest has been paid
or is payable by a person under subsection (4) of sec-
tion 12 or under subsections (2) or (3) of this section,
the Minister may, where the circumstances of the case
appear to him to warrant such indulgence, remit the
penalty or interest, in whole or in part.

(5) A person who fails to pay an amount of
tax that is estimated by him or that is assessed on
him for an income year within the time required by sec-
tion 66 shall, in addition to the tax, pay to the Com-
missioner a penalty equal to 5 per cent of the amount
of tax that was due and unpaid at the expiry of the
time limited for payment, or $10, whichever is the
greater.

(6)(a) A person to whom sub-section (1) applies
or who fails to pay an amount of tax that is estimated
by him or that is assessed on him for an income year
within the time required by section 66 shall, in addi-
tion to the tax and in addition to the penalty imposed
by sub-section (1) or sub-section (5), pay to the Com-
missioner an amount of interest at the rate of 1 per
cent per month calculated for each month during which
any amount of tax and penalty remained unpaid on the
largest amount of tax and penalty that was due and
unpaid at any time in that month;
(b) For the purposes of paragraph (a) of this
sub-section, in the case of a person to whom sub-
section (1) applies, the amount of the tax assessed







INCOME TAX ACT, 1968-51


on that person shall be deemed to have been unpaid
as from the date on which the return of income was
required to be delivered under section 52.

(7) Where any penalty or interest has been paid
or is payable by a person under subsections (1), (5)
or (6), and

(a) the failure giving rise to the penalty
or interest arose because that person
was

(i) out of Barbados, or
(ii) incapacitated and undergoing medi'-
cal treatment at the time the failure
occurred; and

(b) the failure was remedied as soon as
reasonably possible after that person
returned to Barbados or ceased to be
incapacitated or undergoing medical
treatment, or

(c) where the circumstances of the case
appear to warrant such indulgence,

the Minister may remit the penalty or interest, in whole
or in part.

(8) A person who knowingly evades or attempts
to evade payment of tax under this Act shall, in ad-
dition to the tax and in addition to the penalty im-
posed by subsection (5) and the interest imposed by
sub-section (1) or sub-section (6) pay to the Commis-
sioner an amount as a penalty equal to the amount of
tax evaded or sought to be evaded.







INCOME TAX ACT, 1968-51


(9) An amount remitted under subsections (4)
or (7) that has been paid to the Commissioner shall
be repaid by the Accountant-General on the certifi-
cate of the Minister.

Refund of 68. (1) Where the amount paid by a person as tax,
overpayments. interest and penalties for an income year is in excess
of the amount payable in accordance with this Act by
that person for that income year and where that per-
son applies to the Commissioner, in writing, for a re-
fund of the excess within 3 years after the date of his
notice of assessment for that income year, the Com-
missioner shall apply the amount of that excess
against any outstanding liability of that person under
this Act and cause the balance, if any, to be repaid
to that person.

(2) A repayment under subsection (1) shall be
made by the Accountant-General on the certificate of
the Commissioner.

Payment by 69. Where the assessable income of a married
married woman is deemed to be a part of the assessable in-
women.
come of her husband under section 15, for an income
year,

(a) that part of the tax payable by the hus-
band for that income year that bears
the same proportion to the total tax
payable by the husband for that income
year as the assessable income of the
wife bears to the total deemed assess-
able income of the husband after the as-
sessable income of the husband and
wife are added together, may, if the








INCOME TAX ACT, 1968-51


Commissioner so directs or shall, if
either the husband or the wife so re-
quests in writing on or before the date
for delivery of the return of assessable
income by the husband for that income
year, be payable by the wife in the first
instance, but if that amount remains
unpaid for a period of 30 days it be-
comes a joint and several debt of the
husband and wife; and

(b) that part of the excess refundable under
section 68 to the husband for that in-
come year that bears the same propor-
tion to that excess as the assessable
income of the wife bears to the total
deemed assessable income of the hus-
band after the assessable income of the
husband and wife are added together,
shall where tax has been paid by the
wife in accordance with paragraph (a)
and where the amount payable by the
husband under this Act for that income
year and all previous income years
has been paid, be refunded to the wife.

70. Where an assessment of tax on a person for an Payment on
income year is altered and a re-assessment, settled altered as-
assessment or final assessment is made, the pro- sessment.
visions of this Act with respect to payment, repay-
ment, interest, penalties and collection shall apply
as if the re-assessment, settled assessment or final
assessment and any notice of re-assessment, notice
of settled assessment or notice of final assessment
was a notice of assessment.







INCOME TAX ACT, 1968-51


Division AA
Collection
Recovery of 71. All taxes, interest, penalties, costs and
taxes,, other amounts payable under this Act are debts due
to the Crown and recoverable as such in civil pro-
ceedings in the High Court or in the Magistrate's
Court of District "A", at the option of the Crown,
notwithstanding that the amount involved exceeds
the normal monetary limit on the jurisdiction of the
Magistrate's Court.

Unpaid tax 72. (1) An amount payable by a person under this
certifiates. Act that has remained unpaid for a period of 30 days
may be certified in relation to that person by the
Commissioner in a certificate called an unpaid tax
certificate.

(2) An unpaid tax certificate may be filed by
the Commissioner in the High Court or in the Magis-
trate's Court of District "A" and shall be registered
in the Court in which it is filed and after the expiry
of seven days after it is filed and registered has the
same force and effect as a judgement of the Court in
which it is registered in favour of the Crown against
the person named in the certificate for the amount
specified in the certificate plus

(a) interest thereon as provided in this
Act until the date of payment; and
(b) the reasonable costs and charges at-
tendant upon the registration of the
certificate;
and all proceedings may be taken on the certificate







INCOME TAX ACT, 1968-51


and it may be enforced as if it was a judgement of
the Court in which it is registered.

(3) Where an unpaid tax certificate is filed
by the Commissioner in the High Court or in the
Magistrate's Court of District "A" the Commissioner
shall forthwith deliver a copy of the unpaid tax cer-
tificate to the person to whom the unpaid tax cer-
tificate relates and if the copy of the unpaid tax
certificate is not so delivered within 7 days of the
filing then subsection (2) ceases to have effect with
respect to that unpaid tax certificate.

73. (1) Where the Commissioner believes that any Garnishment.
person is indebted to or liable to make a payment to
another person and that other person is indebted to
the Crown under this Act, the Commissioner may de-
liver to the first mentioned person a demand for pay-
ment stating the name of the person indebted to the
Crown and the amount of the debt to the Crown in-
cluding the rate of interest thereon, -and where that
first mentioned person is the employer of the person
indebted to the Crown the amount demanded for each
pay period expressed either as a dollar amount or a
percentage of renumeration.

(2) Every person who receives a demand for
payment under subsection (1) relating to one of his
employees shall pay to the Commissioner at the
same time as he would pay that employee the amount
demanded by the Commissioner or the amount of the
employee's indebtedness to the Crown, whichever
is lesser, and shall continue to do so on each occa-
sion that the employee is entitled to be paid until the
employee's indebtedness to the Crown is satisfied.







INCOME TAX ACT, 1968-51


(3) Every person who receives a demand for
payment under subsection (1) relating to some person
other than one of his employees shall, if he is in-
debted to or liable to make a payment to that other
person, pay to the Commissioner the amount of his
indebtedness or the amount which he is liable to pay
to that person or the amount of that person's indebted-
ness to the Crown, whichever is the lesser.

(4) Every person who has discharged any lia-
bility to a person indebted to the Crown under this
Act after receiving a demand for payment under
subsection (1) without complying with subsection (2)
or (3) is liable to pay to the Crown an amount equal
to the liability discharged or which he was required
under subsections (2) or (3) to pay the Commissioner,
whichever is the lesser.

(5) The payment of an amount to the Commis-
sioner under subsections (2) or (3) operates as a dis-
charge of any liability of the person making the
payment to the person to whom the payment would,
but for this section, have been paid, to the extent of
the amount paid to the Commissioner.

Act 1951-64. (6) This section is effective notwithstanding
the Protection of Wages Act, 1951.

Persons leaving 74. (1) Where the Commissioner suspects that a
Barbados. person is about to leave Barbados, he maydeliver
to that person a notice for immediate payment stating
the amount that the Commissioner believes that per-
son is liable to pay as taxes, interest or penalties
under this Act or would be liable to pay if the time







INCOME TAX ACT, 1968-51


for payment had arrived, and that person shall forth-
with pay the amount specified in the notice for im-
mediate payment.

(2) Where a person who has received a notice
for immediate payment fails to pay forthwith the
amount specified therein, that amount shall be deemed
to have remained unpaid for a period of 30 days for the
purposes of section 72 and that section will be appli-
cable in respect of that person as if thereference to
7 days in subsections (2) and (3) of that section were
references to 24 hours.

(3) An amount paid or recovered in consequence
of this section shall be deemed to have been paid or
recovered to be applied against the liability for taxes,
interest and penalties of the person by whom it was
paid or from whom it was recovered in respect of the
income year in which the amount was paid or re-
covered, or priorincome years.




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