Investment Incentives Order, 2001 · As enacted · Part XI · Investment Allowances
83. Prohibition to sell, lease out or dispose of assets
Official textFrom Attorney General's Chambers, unchanged
( 1)
During its qualifying period or within 2 years after the end of its qualifying period, a company shall not, without the written approval of the
qualifying period
"qualifying period", in relation to a technology company, means a period of 3 years from the day it commences, for the purposes of the Income Tax Act, to carry on its relevant trade or business;
Minister, sell, lease out or otherwise dispose of any assets in respect of which an investment allowance has been given.
Minister
"Minister" means the Minister charged with the responsibility for industrial development;
Where during its qualifying period or within 2 years after the end of its qualifying period, a company has sold, leased out or otherwise disposed any asset in respect of which an investment allowance has been given, an amount equal to the aggregate of the investment allowance given in respect of that asset shall be recovered.
company
"company" means any company incorporated or registered in accordance with the provisions of any written law relating to companies; 1307 26th.
Where that account is insuff:tcient to give full effect to the recovery, an assessment or additional assessment in respect of the amount unrecovered shall be made upon the company or any shareholder of the company and the tax exempt account, kept in accordance with section 71 (as made applicable by section 85), shall be debited accordingly.
Notwithstanding subsections (2) and (3), the Minister may waive wholly or partly the recovery of the investment allowance.
Terms defined in this Act
company
Defined · s 3"company" means any company incorporated or registered in accordance with the provisions of any written law relating to companies; 1307 26th.
Minister
Defined · s 3"Minister" means the Minister charged with the responsibility for industrial development;
qualifying period
Defined · s 98"qualifying period", in relation to a technology company, means a period of 3 years from the day it commences, for the purposes of the Income Tax Act, to carry on its relevant trade or business;
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