Capital Gains Tax Act, 1975
|
PART VIII Miscellaneous and Supplemental | ||
|
Double taxation relief. |
38.—(1) For the purposes of giving relief from double taxation in relation to capital gains tax charged under the law of any country outside the State, in section 361 of, and Schedule 10 to, the Income Tax Act, 1967 , as they apply for the purposes of income tax, for references to income there shall be substituted references to capital gains, and for references to income tax there shall be substituted references to capital gains tax meaning, as the context may require, tax charged under the law of the State or tax charged under the law of a country outside the State. | |
(2) So far as by virtue of this section capital gains tax charged under the law of a country outside the State may be brought into account under the said provisions of the Income Tax Act, 1967 , as applied by this section, that tax, whether relief is given by virtue of this section in respect of it or not, shall not be taken into account for the purposes of those provisions as they apply apart from this section. | ||
(3) Section 361 (7) of the Income Tax Act, 1967 (disclosure of information for purposes of double taxation), shall apply in relation to capital gains tax as it applies in relation to income tax. |