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Restrictions on chargeability.
[ITA67 s205]
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1039.—(1) Nothing in this Chapter shall render a non-resident person chargeable in the name of—
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(a) a broker or general commission agent, or
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(b) an agent, not being—
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(i) an authorised person carrying on the regular agency of the non-resident person, or
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(ii) a person chargeable as if that person were an agent in pursuance of this Chapter,
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in respect of profits or gains arising from sales or transactions carried out through such a broker or agent.
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(2) The fact that a non-resident person executes sales or carries out transactions with other non-residents in circumstances which would make that person chargeable in pursuance of this Chapter in the name of a resident person shall not of itself make that person chargeable in respect of profits arising from those sales or transactions.
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