Section 15
Definitions
(1)
Subject to the provisions of this section, in sections 13 and 14, an “industrial building or structure” means a building or structure in use —
(a)
for the purposes of trade carried on in a mill, factory or other similar premises;
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(b)
for the purposes of a transport, dock, water or electricity undertakings;
(c)
for the purposes of a trade which consists in the manufacture of goods or materials or the subjection of goods or materials to any process;
(d)
for the purposes of a trade which consists in the storage of goods or materials which are to be used in the manufacture of other goods or to be subjected, in the course of a trade, to any process;
(e)
for the purposes of a trade which consists of the storage of goods or materials on their arrival in Brunei Darussalam;
(f)
for the purposes of a trade which consists in the working of a plantation;
(g)
for the purposes of a trade which consists in the working of any mine, oil well or other source of mineral deposits; or
(h)
for the purposes of the trade of hotel-keeping, and, in particular, the expression includes any building or structure provided by the person carrying on such a trade or undertaking for the welfare of workers employed in that trade or undertaking and in use for that purpose.
(2)
Notwithstanding anything in subsection (1), the expression
“industrial building or structure” does not include any building or structure in use as, or as part of, a dwelling house, retail shop, showroom or office or for any purpose ancillary to the purposes of a dwelling house, retail shop, showroom or office:
Provided that this subsection does not apply to, or to part of, a building or structure which was constructed for —
(a)
occupation by, or the welfare of, persons employed at or in connection with the working of a mine, oil well or other source of mineral deposits; or
(b)
occupation by, or welfare of, persons employed on, or in connection with the growing and harvesting of crops, on a plantation,
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if the building or structure is likely to have little or no value to the person carrying on the trade when the mine, oil well or other source, or the plantation is no longer worked or will cease to belong to such person on the coming to an end of a concession in respect of the mine, oil well or other source, or the plantation.
(3)
In sections 13 and 14 —
(a)
“relevant interest” means, in relation to any expenditure incurred on the construction of a building or structure, the interest in that building or structure to which the person who incurred the expenditure was entitled when he incurred it;
(b)
“residue of expenditure” shall be the amount of capital expenditure incurred in the construction of a building or structure reduced by —
(i)
the amount of any initial allowance made;
(ii)
any annual allowance made; and
(iii)
any balancing allowances granted, and increased by any balancing charges made. For the purpose of computing the residue of expenditure there shall be written off an amount of one twenty-fifth of the expenditure in respect of any year in which no initial or annual allowance has been made.