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Separate assessments under Schedule A or Schedule B in certain cases.
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3.—(1) Where a person—
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(a) during any part of a year of assessment, whether alone or jointly with another person or persons in the circumstances set out in subsection (2) of this section, or
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(b) during the whole of any year of assessment, jointly as aforesaid,
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is entitled to any estate or interest in property in respect of which he would be assessable separately or with the other person or persons under Schedule A or Schedule B, if he, or he and the other person or persons, were entitled to that estate or interest for the whole of the year, he shall be separately assessed under Schedule A or under Schedule B, as the case may be, in respect of his estate or interest, or his part of the estate or interest, in the property for the part or whole of the year on the appropriate proportion of the annual or assessable value.
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(2) The circumstances in which subsection (1) of this section is to apply to a person being entitled to an estate or interest in property jointly with another person or persons are that he has that estate or interest as a coparcener, joint tenant, tenant in common or tenant of lands or tenements in partnership.
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(3) Where a person to whom this section applies is liable to bear part of an annual payment reserved out of or charged on the relevant property, that part shall, for the purposes of Rule 19 of the General Rules, be regarded as being payable as a reservation out of or charge on the estate or interest, or the part of the estate or interest, in respect of which he is assessed under this section.
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(4) Subsection (1) of section 162 of the Income Tax Act, 1918, is hereby amended by the addition thereto of the following proviso:
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“Provided that no distraint shall be made on the lands, tenements and premises in respect of which the tax is charged if such lands, tenements and premises have been sold for valuable consideration and the person on whom the tax is charged is no longer the occupier thereof.”
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(5) Subsection (1) of section 199 of the Income Tax Act, 1918, is hereby amended by the addition thereto of the following proviso:
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“Provided that no distress may be levied on the occupier of the property charged or upon the premises in respect of which the assessment is made if such property or premises has or have been sold for valuable consideration and the tax is in respect of a period prior to the sale.”
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(6) In this section—
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“annual payment” means any payment from which, apart from any insufficiency of profits or gains of the person making it, tax is deductible under Rule 19 of the General Rules;
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“property” means lands, tenements and hereditaments.
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