Section 41
Arrangements in relation to tax and other matters
(1)
If the Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan by order declares that —
(a)
arrangements specified in the order have been made with —
(i)
the government of any country or territory;
(ii)
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
(b)
it is expedient that those arrangements should have effect,
Income Tax
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the arrangements shall have effect in relation to tax and other related matters under this Act notwithstanding anything in any written law.
(1A)
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
(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).
(2)
(Omitted).
(3)
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.
(4)
Any order made under this section may be revoked by a subsequent order.
(5)
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.
(6)
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.
(7)
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).