Income Tax Act · 2024 Revised Edition · Part 8
41. Arrangements in relation to tax and other matters
Official textFrom Attorney General's Chambers, unchanged
If the Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan by order declares that —
arrangements specified in the order have been made with —
the government of any country or territory;
the governments of two or more countries or territories, outside Brunei Darussalam in relation to tax under this Act and any tax of a similar character imposed by the laws of that country or territory; and
it is expedient that those arrangements should have effect,
Income Tax the arrangements shall have effect in relation to tax and other related matters under this Act notwithstanding anything in any written law.
Any arrangement under subsection (1)(a) includes a multilateral treaty to which Brunei Darussalam is a Party, the purposes of which include relief from double taxation and the exchange of information
arrangement
“arrangement” means an avoidance of double taxation convention or tax information exchange agreement having effect under section 41;
(whether on request by an authority of a country or territory to the arrangement, or an authority of a Party to the treaty, or otherwise).
(Omitted).
On the making of an order under this section with respect to arrangements relating to any territory forming part of the Commonwealth, section 40 shall cease to have effect as respects that territory and is deemed to have ceased to have had effect from the beginning of the first year of assessment for which the arrangements are expressed to apply except in so far as the arrangements otherwise provide.
year of assessment
“year of assessment” means the period of 12 months commencing on the 1st day of January 1950 and each subsequent period of 12 months.
Any order made under this section may be revoked by a subsequent order.
Where any arrangements have effect by virtue of this section, the obligation as to secrecy imposed by section 4 shall not prevent the disclosure to any authorised officer of the Government with which the arrangements are made of such information as is required to be disclosed under the arrangements.
The Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, may make rules for carrying out the provisions of any arrangements having effect under this section.
In this section, “arrangements” means the arrangements specified in the order declared by the Minister, with the approval of
His Majesty the Sultan and Yang Di-Pertuan under subsection (1).
Terms defined in this Act
arrangement
Defined · s 86A“arrangement” means an avoidance of double taxation convention or tax information exchange agreement having effect under section 41;
year of assessment
Defined · s 2“year of assessment” means the period of 12 months commencing on the 1st day of January 1950 and each subsequent period of 12 months.
Part 9
Part
Returns
Part
Assessments
Part
Reviews and Appeals
Part
Collection, Recovery and Repayment of Tax
Part