Finance Act, 1942
|
Amendment of the Rules applicable to Cases I and II of Schedule D of the Income Tax Act, 1918. |
2.—The following Rule shall be added to the Rules applicable to Cases I and II of Schedule D of the Income Tax Act, 1918, that is to say:— | |
“19—(1) In computing for any purpose of the Income Tax Acts the profits or gains of a trade which has been discontinued, any trading stock belonging to the trade at the discontinuance thereof shall be valued in accordance with the following provisions, that is to say:— | ||
(a) in the case of any such trading stock— | ||
(i) which is sold, or is transferred for valuable consideration, to a person who carries on or intends to carry on a trade in the State, and | ||
(ii) the cost of which to such person on such sale or transfer may be deducted by, him as an expense in computing for any purpose of the Income Tax Acts the profits or gains of the said trade carried on or intended to be carried on by him, the value of such trading stock shall be taken to be the price paid therefor on such sale or the value of the consideration given therefor on such transfer, as the case may be; | ||
(b) in the case of any other such trading stock, the value thereof shall be taken to be the amount which it would have realised if it had been sold in the open market at the discontinuance of the trade. | ||
(2) In this Rule— | ||
the expression “trading stock” means property of any description, whether real or personal, which is either— | ||
(a) property such as is sold in the ordinary course of the trade in relation to which the expression is used or would be so sold if it were mature or if its manufacture, preparation, or construction were complete, or | ||
(b) materials such as are used in the manufacture, preparation, or construction of property such as is sold in the ordinary course of the said trade, | ||
references to a trade having been discontinued or to the discontinuance of a trade shall be construed as not referring to or including any case where such trade was carried on by a single individual and is discontinued by reason of his death (whether such trade is or is not continued by another person after such death) but shall be construed as referring to and including every other case where a trade has been discontinued or is, by virtue of Rule 11 of these Rules (as amended by section 13 of the Finance Act, 1929 (No. 32 of 1929) ), treated as having been discontinued for the purpose of computing tax.” |