As per the provision of section 84 of the Inland Revenue Act ,No 24 of 2017, the payment of dividend should be subject to tax at the rate of 14%. However, in case where the following conditions are fulfilled, the payment of dividend to nonresident person shall be exempt from tax.
Conditions.
If the dividend paying company has incurred more than USD 1000 million on depreciable assets (other than intangible asset) in Sri Lanka, or,
Entitled to an enhanced capital allowance under subparagraph (5) of paragraph 1 of second schedule, and ,
Dividend is paid out of profits sheltered by enhance capital allowances under second schedule.
No tax free allowance is available to non resident non citizens under New Inland Revenue Act.
You may please note that the transaction should be at arms length price.Accordingly since this transaction is entered in to between associate person,if the consideration is less than market value it appears that there is a transfer pricing issue.Therefore profit should be computed as market value less cost.In the case of investment asset ,if the sale is made after 01.04.2018 ,the cost of the land will be the market value as
at 30th Sep 2017 (for an investment asset)
We are of the view that for the facilities granted prior to 01.04.2018 ,the provisions of Inland Revenue Act No 10,2006 shall continue to be applied.Accordingly lease rentals shall be taxed and allowance for depreciation shall be allowed on the cost of the asset acquired for the leasing business.
Since such land hold as an investment, there is no doubt that the gain on the same will be a realisation of investment asset, and it will be taxed at the rate of 10%.
1. 5%
2.No
3.As per the Act ,aggregate interest income of a senior citizen should be Rs.1.5Mn.CGIR may give guidelines for the monitoring procedures.
4.Yes.There is a WHT requirement of 5%,if loan provider is not a financial institution.
Subject to guidelines to be issued by IRD,we are of the view that assets acquired prior to 31st March, 2018 are subject to old depreciation rates.
No. Clearance certificate is not required for remittances made in relation to student fees, examination fees, enrolment fees and payments of similar nature.