Section 2
Section 2
(a)
the date specified in any application under section 4 as being the day on or before which it is intended to commence to construct the factory to which the application relates;
Cap. 104.
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(b)
where the factory is in existence before the date of the application,
“dollar” means the Brunei Darussalam dollar;
“expanding enterprise” means any company which has been approved by the Minister and to which an expansion certificate has been is sued under section 26;
ìexpansion certificateî means an expansion certificate issued under section 26;
“expansion day”, in relation to an expanding enter prise, means the day specified in its expansion certificate under subsection (4) or (5) of section 26;
“foreign loan certificate” means a foreign loan certificate issued under section 29;
“industry” includes any kind of commercial under-taking;
“new business” means the business of a pioneer company deemed under section 15 to have been set up and commenced on the day following the end of its tax relief period;
“old business” means the business of a pioneer company relating to a pioneer enterprise of the company which is carried on by it in its tax relief period in accordance with section 15 and which either ceases within or is deemed under that section to cease at the end of that period;
“pioneer certificate” means a pioneer certificate given under section 5, or any such certificate as amended under section 6 or 10;
“pioneer company” means a company certified by a pioneer certificate to be a pioneer company;
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“pioneer enterprise”, in relation to a pioneer company, means the manufacture at its pioneer factory (or at any other factory in Brunei
Darussalam constructed by the company subsequently to the construction of its pioneer factory) of its relevant pioneer product and the sale of that product;
“pioneer factory” means a factory certified by a pioneer certificate to be a pioneer factory;
“pioneer industry” means an industry declared by an order made under section 3 to be a pioneer industry;
“pioneer product” means any product declared by an order made under section 3 to be a pioneer product;
“primary commodity” means a commodity produced or bred in Brunei Darussalam (or, in the case of fish and crustacea, caught or landed in Brunei
Darussalam by the fisherman) which, although it may have been processed, has not been manufactured;
“production day”, in relation to a pioneer factory, means a day specified in accordance with section 4(2)(d), as confirmed, varied or amended by a pioneer certificate;
“productive equipment” means machinery or plant which would normally qualify for deduction under the provisions of sections 16, 17 and 18 of the
Income Tax Act;
“relevant pioneer product”, in relation to any pioneer company, means the pioneer product or products specified in its pioneer certificate;
“tax relief period”, in relation to a pioneer company, means the period ascertained in accordance with
Cap. 35.
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section 13 (1), and any exte nsion of that period made under section 13 (2) or 14.
(2)
Notwithstanding subsection (1), where an industry is not a manufacturing industry, this Act shall apply with such modifications as may be necessary; and, in relation to any such industry, without prejudice to the generality of the foregoing —
(a)
references to construction and construction day may be disregarded where they are not appropriate;
(b)
references to a product or products may be construed as references to the activity or activities appropriate to the industry in question, references to producing a product or products may be construed as references to carrying on that activity or those activities
(references to producing a relevant pioneer product or products being construed accordingly) and references to a pioneer enterprise may be construed as references to the carrying on by a pioneer company of that activity or those activities on a commercial scale;
(c)
references to production day may be construed as references to the day on which a pioneer company commences to produce its relevant pioneer product in marketable quantities or to carry on that activity or those activities on a commercial scale;
(d)
references to a factory may be construed as references to the premises at which a pioneer or other enterprise is carried on or, where such a construction is inappropriate, may be disregarded.
(3)
Section 3(2) of the Income Tax Act shall apply to the Collector’s functions under this Act as it applies to his functions under the Income Tax Act.
(4)
Where this Act provides for any income to be exempt from tax under the Income Tax Act, the income in question shall be disregarded for the purposes of the Income Tax
Act.
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(5)
Subject to the foregoing subsections, where a word or expression used in this Act has its meaning defined (or has a meaning assigned to it) by any provision of the Income Tax Act, either for the purposes of that Act as a whole or for the purposes of any particular provision thereof, then, unless the context otherwise requires, that word or expression shall have in this Act the meaning so defined or assigned.
(6)
Where there is any conflict between the Income Tax
Act and this Act, this Act shall prevail.