Finance Act, 1958

Additional provisions as to information.

27.—(1) In subsection (2) of section 105 of the Income Tax Act, 1918, the references to a company shall be deemed to include references to any body corporate and “director” shall have the same meaning as in this Part of this Act.

(2) Where, for the purposes of a return under the said section 105, a body corporate apportions expenses incurred partly in or in connection with a particular matter and partly in or in connection with other matters—

(a) the return shall contain a statement that the sum included in the return is the result of such an apportionment,

(b) the body corporate, if required so to do by notice from the inspector of taxes, shall prepare and deliver to the inspector, within the time limited by the notice, a return containing full particulars as to the amount apportioned and the manner in which and the grounds on which the apportionment has been made, and

(c) where the inspector is dissatisfied with any such apportionment of expenses, he may, for the purposes of assessment, apportion the expenses, but the body corporate may, on giving notice in writing to the inspector within twenty-one days after being notified of any such apportionment made by the inspector, appeal against that apportionment to the Special Commissioners.

(3) The Special Commissioners shall hear and determine an appeal to them under subsection (2) of this section as if it were an appeal to them against an assessment to income tax and the provisions of the Income Tax Acts relating to the re-hearing of an appeal or the statement of a case for the opinion of the High Court on a point of law, shall, with the necessary modifications, apply accordingly.

(4) The provisions of the Income Tax Acts relating to returns under the said section 105 shall apply in relation to any return required under subsection (2) of this section.