Section 86
Concessions for special cases
(1)
Notwithstanding anything contained in this Act, if the
Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan is of opinion that the grant of any of the concessions hereinafter mentioned is necessary or expedient —
Income Tax
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(a)
to facilitate the development of Brunei Darussalam;
(b)
to encourage the establishment or expansion in
Brunei Darussalam of any trade, industry or undertaking;
(c)
to procure the investment of capital in any undertaking established or to be established in Brunei Darussalam; or
(d)
in the public interest, he may by order signified in the Gazette direct that —
(i)
tax shall be levied upon the income of persons carrying on a specified trade, industry, undertaking or occupation or falling within a specified class or description at a lower rate or rates than the rate from time to time in force; and
(ii)
in connection with the ascertainment or assessment of any income of the persons to whom the order applies and the levying of any tax thereon such deductions, allowances, concessions and modifications shall be made and allowed as may be specified in such order either in addition to or in lieu of any lawful deduction or allowance:
Provided that the directions given by any order under this subsection shall, as regards any person to whom any such order applies, apply only if such person notifies the Collector in writing that he desires to avail himself thereof.
(2)
The power conferred by subsection (1) shall include power —
(a)
to impose such liabilities upon persons benefiting thereunder in connection with the supply of information to the
Collector and otherwise as may be reasonably necessary or expedient to ascertain whether any concession granted by the order is applicable and generally to carry the order into effect;
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(b)
to direct that any lower rate of tax and any deduction, allowance, concession or modification shall —
(i)
be applicable for such period as may be specified or determined in the order;
(ii)
relate back to such date as may be specified in the order;
(iii)
be contingent upon the performance of any condition;
(iv)
determine, be withdrawn or be revocable upon the occurrence of any contingency, including any failure or omission; and
(v)
provide for pecuniary penalties for failure to discharge any liability imposed under the order:
Provided that such penalties shall not exceed 3 times the value of the concession in respect of or in connection with which the liability is imposed and may be recovered under the provisions of section 74 in like manner as if they were tax.
(3)
Any direction given under this section shall have effect according to its tenor and the Act, the Schedules thereto and any rules made under the Act, shall for such purpose be construed, applied and enforced with such adaptations as may be necessary to give effect thereto.
PART 14A
EXCHANGE OF INFORMATION UNDER DOUBLE TAXATION
AND EXCHANGE OF INFORMATION ARRANGEMENTS