Income Tax Act 1972

	Home \| Databases \| WorldLII \| Search \| Feedback Cook Islands Sessional Legislation

2. Interpretation
3. Defining when a company is under the control of any persons, and when 2 companies consist substantially of the same shareholders
4. Meaning of expression "dividends"
5. Meaning of expression "bonus issue"

8. Annual returns
9. Returns to annual balance date
10. Consequential adjustments on change in return date
11. Returns by partners, co-trustees, and joint adventurers
12. Returns by executors and administrators
13. Collector may in certain cases demand special returns and make special assessments
14. Other annual returns
15. Date by which returns to be furnished
16. Collector may require other returns to be made
17. Presumption as to authority
18. Collector to make assessments
19. Basic rates of income tax
20. Arbitrary assessment where business controlled by non-residents appears to produce insufficient taxable income
21. Assessment where default made in furnishing returns
22. Amendment of assessments
23. Limitation of time for amendment of assessment
24. Validity of assessment not affected by failure to comply with Act
25. Except in proceedings on objection, assessments deemed correct
26. Evidence of returns and assessments
27. Notice of assessment to taxpayer

28. Objections to assessments, how originated
29. Collector may amend assessment or objection may be submitted to High Court
30. Hearing of objections by High Court
31. Burden of proof on objector
32. Costs
33. Court may confirm, cancel, or alter the assessment
34. Appeals to Supreme Court of New Zealand
35. Appeals from assessments
36. Obligation to pay tax not suspended by objection or appeal
37. Determination of objection not to affect other income
38. Application of provisions as to objections
39. Discretionary Review Board

40. Meaning of "absentee"
41. Income tax imposed
42. Rates to be fixed by annual taxing Act
43. Tax of working visitors
44. Rebate in respect of dependent spouse
45. Rebate in respect of dependants other than a spouse
46. Special exemption for superannuation contributions
47. Apportionment of rebate and special exemption in certain cases

Exempt Income
48. Incomes wholly exempt from taxation
49. Concessions for industries contributing to economic development

Assessable Income
50. Items included in assessable income
51. Income derived from use or occupation of land
52. Income credited in account or otherwise dealt with
53. Amounts remitted to be taken into account in computing income
54. Apportionment of income received in anticipation
55. Valuation of trading stock including livestock
56. Income derived from disposal of trading stock
57. Sale of trading stock for inadequate consideration
58. Sum received from sale of patent rights
59. Payment of excessive remuneration or share of profits to relatives employed by or in partnership with taxpayer
60. Agreements purporting to alter incidence of taxation to be void
61. Debentures issued free of income tax

Deductions in Calculating Assessable Income
62. No deductions unless expressly provided
63. Expenditure or loss exclusively incurred in the production of assessable income
64. Certain deductions not permitted
65. Deductions for repair, maintenance, and depreciation
66. Deductions in respect of buildings on native leaseholds
67. Expenditure incurred in borrowing money or obtaining lease
68. Deduction in respect of premium paid on account of leased machinery
69. Deduction for sums expended on purchase of patent rights
70. Deduction for patent expenses
71. Deduction for scientific research
72. Deduction of testamentary annuities charged on property
73. Contributions to employees' superannuation fund
74. Losses incurred may be set off against future profits

Companies and Associations
75. Excessive remuneration by company to shareholder, director, or relative
76. Floating rate of interest on debentures.
77. Interest on debentures issued in substitution for shares
78. Profits of mutual associations in respect of transactions with members
79. Assessment of banking companies
80. Overseas insurance companies other than life insurance companies
81. Overseas shipping freight and passage money

Income Derived by Trustees
83. Special provisions with respect to trustees.
84. Income received by trustee after death of deceased person
85. Deduction from estate income of irrecoverable book debts of deceased taxpayer

Country of Derivation of Income
86. Liability for assessment of income derived from the Cook Islands and abroad
87. Place of residence, how determined
88. Classes of income deemed to be derived from the Cook Islands
89. Apportionment where income derived partly in the Cook Islands and partly elsewhere
90. Credits in respect of income tax paid in a country or territory outside the Cook Islands
91. Arrangements for relief from double taxation

Credits for Foreign Tax
93. Determination of claims for credits
94. Notice of determination to taxpayer
95. Except in proceedings on objection, determination deemed correct
96. Evidence of determination
97. Objections to determinations
98. Application of Part IV of this Act to objections to determinations
99. Information for credit to be furnished within 4 years
100. Maximum credits
101. Recovery of excess credit allowed through not taking into account refund of foreign tax

PART VII - WITHHOLDING TAX ON DIVIDENDS, INTEREST, ROYALTIES, AND PRODUCE PAYMENTS

103. Interpretation
104. Application of this Part
105. Withholding tax imposed
106. Deduction of withholding tax
107. Withholding tax on dividends not paid in money

Payment and Assessment of Withholding Tax
108. Payment of deductions of withholding tax to Collector
109. Statement to be delivered to Collector
110. Withholding tax to be final in certain cases
111. Annual tax on withholding income in certain cases
112. Person deriving withholding income to pay withholding tax to Collector
113. Failure to make deductions of withholding tax or to make payments to Collector
114. Assessment of withholding tax and of amounts to be accounted for or paid under this Part

Penalties and Offences
115. Additional tax for default in making or paying deductions of withholding tax
116. Penal tax for default in making or paying deductions of withholding tax
117. Offences

Miscellaneous Provisions
118. Withholding tax on dividends paid to company under control of non-resident
119. Deductions of withholding tax deemed to be received and derived by person entitled to payment
120. Application of other Parts of this Act

121. Companies to which this Part applies
122. Bonus issue tax imposed
123. Bonus issues to be liable for bonus issue tax
124. Year for which bonus issue tax payable
125. Date for payment of bonus issue tax
126. Distribution of capitalised amount
127. Application of other provisions to bonus issue tax

Agents Generally
129. Agent to make returns and be assessed as principal.
130. Rate and amount of tax payable by agent
131. Liability of principal not affected
132. Agent may recover tax from principal
133. Agent may retain from money of principal amount required for tax
134. Assessment deemed authority for payment of tax by agent
135. Agent to be personally liable for payment of tax
136. Relation of principal and agent arising in effect

Special Cases of Agency
137. Liability of mortgagee in possession
138. Guardian of person under disability to be his agent
139. Person having control of land or of rents and profits to be agent of absentee or person under disability
140. Liability of new companies for tax payable by former companies with substantially the same shareholders or under the same control
141. Companies deemed agent of debenture holders
142. Modification of agency provisions in respect of income from company debentures
143. Recovery of income tax payable in respect of alimony or maintenance

Agents of Absentees and Non-residents
144. Liability of agent of absentee principal for returns and tax
145. Partner of absentee deemed agent
146. Master of ship or captain of aircraft deemed agent of absentee owner
147. Tenant, mortgagor, or other debtor to be agent of absentee landlord, mortgagee, or other creditor
148. Person having disposal of income deemed agent
149. Company to be agent of absentee shareholders
150. Banking company to be agent of absentee depositors
151. Premiums on insurance effected with persons not carrying on business in the Cook Islands
152. Liability as agent of employer of non-resident taxpayer
153. Non-resident trader to be agent of employees in the Cook Islands
154. Agents in the Cook Islands of principals resident abroad

PART X - TAX DEDUCTIONS BY EMPLOYERS FROM SALARY, WAGES, AND OTHER SOURCE DEDUCTION PAYMENTS

Tax Deductions
156. Tax deductions to be made by employers
157. Tax deductions from amounts credited to or applied for employees
158. Benefits and superannuation and other payments deemed to be salary or wages
159. Amount of salary or wages where ordinary payments to a superannuation fund are made
160. Payment to be made by employee where tax deduction exceeds source deduction payment

Reduced Deductions
162. Application of tax codes specified in tax code declarations or tax code certificates
163. Dependants for purposes of tax codes
164. Amount of total tax deduction where several deductions are made for one week
165. Increased deductions to cover deficiency in deductions from advance payments
166. Amount of tax deductions for pay period current when tax deductions altered
167. Power of Collector to reduce tax deductions
168. Special tax code certificates

Duties of Employer As To Making Deductions
169. Records to be kept by employer
170. Payment of tax deductions to Collector

Employee's Duties Where Deductions Not Made
171. Employee to pay deductions to Collector

Pay-period Taxpayers
172. Interpretation
173. Tax of pay-period taxpayers to be determined by amount of tax deductions or by assessment
174. Adjustment of excessive tax deductions
175. Adjustments where tax deductions are not in accordance with rebate entitlement in respect of dependants or have been made on the basis of a special tax certificate or for excess superannuation contributions

Assessment And Payment Of Income Tax
176. Assessment and payment of income tax

Crediting Tax Deductions
177. Tax deductions to be credited against tax
178. Lost tax deduction certificates
179. Tax deductions for which no certificate issued

Recovery Of Tax Deductions
180. Recovery of tax deductions from employers
181. Employer failing to make tax deductions
182. Unpaid tax deductions, etc, to constitute a charge on employer's property

Offences And Penalties
183. Offences
184. Penal tax for default in making or paying tax deduction
185. Additional tax for default in making tax deduction or in paying any amount due to Collector

Miscellaneous Provisions
186. Agreements not to make tax deductions to be void
187. Amount of tax deductions deemed to be received by employee.
188. Application of other Parts to amounts payable under this Part

189. Application of this Part
190. Certain income derived by non-residents not to be included in provisional income
191. Amount of provisional tax
192. Adjustments for variations in exemptions or rebates
193. Allowance for provisional tax paid by agent
194. Taxpayer to estimate amount of provisional tax, subject to adjustment by Collector
195. Payment of provisional tax by instalments
196. Interim returns
197. Estimated assessable income
198. Additional tax where income under-estimated
199. Alteration of provisional tax by Collector
200. Voluntary payments of additional provisional tax

Terminal Tax
201. Assessment and payment of terminal tax
202. Provisional tax to be credited against tax assessed

Application Of Other Parts
203. Application of other Parts of this Act to provisional tax.

204. Due date for payment of tax
205. Payment of tax
206. If default made in payment of tax, additional tax to be charged
207. Mode of recovery of unpaid tax
208. Deduction of income tax from payment due to defaulters
209. Procedure in High Court where defendant absent from Cook Islands or not traced
210. Particulars of claim or demand
211. Collector may appear in legal proceedings by officer of the Public Service
212. Costs against Collector
213. Proceedings not affected by vacancy or change in office of Collector
214. Crown Proceedings Act not affected
215. Recovery of tax paid by one person on behalf of another
216. Payment of income tax by persons leaving the Cook Islands

217. Refund of excess tax
218. Power of Collector in respect of small amounts
219. Relief from additional tax
220. Relief in cases of serious hardship

221. Penalty for failure to furnish returns, etc.
222. Proceedings for offences
223. Information may be laid within 10 years
224. Penal tax in case of evasion
225. Nature of penal tax
226. Assessment of penal tax
227. Objections to penal tax
228. Recovery of penal tax
229. Recovery of penal tax from executors or administrators
230. Recovery of penal tax not affected by conviction of taxpayer

231. Keeping of business records
232. Collector to have power to inspect books and documents
233. Information to be furnished on request of Collector
234. Inquiry before a Judge or Commissioner of the High Court
235. Inquiry by Collector
236. Offences
237. Employers to make returns as to employees
238. Return of interest paid on deposits
239. Returns as to debentures and interest thereon
240. Power to extend time
241. Annual report
242. Regulations
243. Application of Act
244. Repeals and savings

BE IT ENACTED by the Legislative Assembly of the Cook Islands in Session assembled, and by the authority of the same, as follows:

(1) For the purposes of this Act a company shall be deemed to be under the control of the persons -

(2) For the purposes of this Act 2 companies shall be deemed to consist substantially of the same share-holders if not less than one-half of the paid-up capital of each of them is held by shareholders in the other or if not less than one-half in nominal value of the allotted shares in each of them is held by shareholders in the other. Shares in one company held by another company shall for this purpose be deemed to be held by the shareholders in the last-mentioned company.

(3) Where a nominee of any person holds any shares, nominal capital, paid-up capital, or voting power in a company, or has by any other means whatsoever any power of control in a company, or is entitled to a share of profits distributed by a company, then for the purposes of this section those shares or that capital or that voting power or that power of control or that title to profits, as the case may be, shall be deemed to be held by that person, and in every such case that person and his nominee or that person and all his nominees shall be deemed to be one person.

(1) For the purposes of this Act the expression "dividends", in relation to any company, shall be deemed to include -

and shall also include any moneys advanced by the company to or for the benefit of any of its shareholders if, in the opinion of the Collector, the making of the advance was not a bona fide investment by the company but was virtually a distribution of profits, but shall not in any case include any payment or other transaction to such extent as that payment or transaction is, or is equivalent to, a return of share capital or constitutes a bonus issue or a return to shareholders of premiums paid to the company in respect of the issue of share capital by the company:

Provided that where any money advanced by a company to or for the benefit of any shareholder and deemed by virtue of this section to constitute a dividend is subsequently repaid to the company, the Collector may amend in such manner as may be thereby rendered necessary the assessment made in respect of income derived by that share-holder during the income year in which the advance was made, and may at any time refund any tax found to have been paid in excess of the amount properly payable, notwithstanding anything in section 217 of this Act.

(2) Where any company that has reduced the amount of the paid-up capital of any shareholder by writing off losses incurred by the company is subsequently wound up and there is distributed to that shareholder upon the winding up an amount (whether in money or money's worth) in excess of the amount paid up on his shares in the company, the expression "dividends" shall, for the purposes of this Act, be deemed not to include the amount so distributed to such extent as the Collector thinks just and reasonable, having regard to the amount of the paid-up capital lost by the shareholder and any other relevant considerations.

the expression "dividends" shall, for the purposes of this Act, be deemed not to include that profit or gain to the extent to which that profit or gain exceeds any capital losses incurred in the income year (or, as the case may be, the accounting year of the company corresponding with that year) in which that profit or gain was made or in any subsequent year (being losses not already taken into account under this subsection or under subsection (3) of section 5 of this Act or in calculating the assessable income of the company for any year):

Provided that where any amount, being the whole or part of any increase arising from the writing up of any asset, has been excluded from -

the cost of that asset shall, for the purposes of this subsection, be deemed to be increased by that amount.

(1) For the purposes of this Act the expression "bonus issue", in relation to a company, means a capitalisation of the whole or part of the amount for the time being standing to the credit of any of the company's reserve accounts or to the credit of the company's profit and loss account or of the whole or part of any amount otherwise available for capitalisation, being in any such case a capitalisation by way of -

(2) Where any company that has reduced the amount of the paid-up capital of any of its shareholders by writing off losses incurred by the company subsequently makes a capitalisation of the whole or part of any amount specified in subsection (1) of this section, being a capitalisation by way of -

the expression "bonus issue" shall, for the purposes of this Act, be deemed not to include the paid-up value of the shares so allotted or the credit so given, as the case may be, to such extent as the Collector thinks just and reasonable having regard to the amount of the paid-up capital lost by those shareholders and any other relevant considerations.

the expression "bonus issue" shall, for the purposes of this Act, be deemed not to include that profit or gain or increase to the extent to which that profit or gain or increase exceeds any capital losses incurred in the income year (or, as the case may be, the accounting year of the company corresponding with that year) in which that profit or gain or increase was made or in any subsequent year (being losses not already taken into account under this subsection or under subsection (3) of section 4 of this Act or in calculating the assessable income of the company for any year):

Provided that where any amount, being the whole or part of any increase arising from the writing up of any asset, has been excluded from -

the cost of that asset shall, for the purposes of this subsection, be deemed to be increased by that amount.

(4) To the extent to which the Collector is satisfied that any transaction referred to in subsection (1) of this section includes any amount that constitutes premiums paid to a company in respect of the issue of share capital by the company, the transaction shall be deemed not to be included in the expression "bonus issue" for the purposes of this Act.

(1) There shall be a Department of State to be called the Inland Revenue Department.

(2) There shall from time to time be appointed, under the provisions of the Public Service Act 1969, a Collector of Inland Revenue, who shall be head of the Department, and who shall, subject to the control of the Minister responsible for Finance, be charged with the administration of this Act and with such other functions as may from time to time be lawfully conferred upon him.

(3) On the occurrence from any cause of a vacancy in the office of Collector (whether by reason of death, resignation, or otherwise), or in case of the absence from duty of the Collector (from whatever cause arising), and so long as any such vacancy or absence continues, there shall be appointed some other fit person to have and to exercise all the powers, duties, and functions of the Collector.

(4) There shall from time to time be appointed under the provisions of the Public Service Act 1969 such assessors, clerks, receivers, and other officers and employees as may be found necessary for the purpose of carrying out the functions of the Department.

(5) There shall be an official seal of the Inland Revenue Department, which shall be in the custody of the Collector.

(6) Any certificate, notice, or other document bearing the written, stamped, or printed signature of the Collector shall, until the contrary is proved, be deemed to have been duly signed by the person by whom it purports to have been signed.

(7) Judicial notice shall be taken of every such signature and of the fact that the person whose signature it purports to be holds or has held the office of Collector.

(2) Without limiting the generality of paragraph (a) of sub-section (1) of this section, it is hereby declared that no officer of the Department shall be required to produce in any Court any book or document or to divulge or communicate to any Court any matter or thing coming under his notice in the performance of his duties as an officer of the Department, except when it is necessary to do so for the purpose of carrying into effect any provision of this Act or any other enactment imposing taxes or duties payable to the Crown.

(3) Every person who wilfully acts in contravention of the provisions of this section or in contravention of the true intent of any such oath shall be liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $200.

Subject to the provisions of this Act and of any regulations under this Act, every taxpayer shall for the purposes of the assessment and levy of income tax furnish to the Collector in each year a return or returns in the prescribed form or forms setting forth a complete statement of all assessable and non-assessable income derived by him during the preceding year, together with such other particulars as may be prescribed.

(1) Instead of furnishing a return in accordance with the provisions of section 8 of this Act for any year ending with the 31st day of December, any taxpayer, may, with the consent of the Collector, elect to furnish a return for the year ending with the date of the annual balance of his accounts, and in any such case the income derived during that year shall for the purposes of this Act be deemed to have been derived during the year ending with the 31st day of December nearest to that date.

(2) For the purposes of this section and of section 10 of this Act the 30th day of June in any year shall be deemed to be nearer to the last preceding 31st day of December than to the next succeeding 31st day of December.

(3) Any election made by a taxpayer for the purposes of this section shall continue in force unless and until it is altered by the taxpayer with the prior approval in writing of the Collector.

(2) If in any case the new return date is an earlier date than the original return date, the taxpayer shall furnish a return for the period from the original return date up to and including the new return date in the succeeding year, and if the new return date is a later date than the original return date, the taxpayer shall furnish a return for the period from the original return date up to and including the new return date in the same year.

(3) All returns of income made in accordance with subsection (2) of this section shall be deemed to be returns of income derived during the year ending with the 31st day of December nearest to the new return date, and the income derived by a taxpayer during that period shall, for the purposes of assessment, be added to any other income derived for the same year, and he shall be assessed and liable for income tax accordingly.

(4) Where, for the purposes of this section, a taxpayer is assessed for income tax on a return made for a period of less than a year, he shall be entitled, by way of special exemptions, only to an amount bearing to the total exemption to which he would be entitled for a full year the same proportion as the number of days in that period bears to the number of days in a year; and where a taxpayer is assessed on a return or returns for a period of more than a year, the deduction to which he shall be entitled by way of special exemptions shall be proportionately increased.

(5) Where, for the purposes of this section, a taxpayer is assessed for income tax on a return made for a period of less than a year, he shall be entitled, by way of rebates from income tax under this Act only to an amount bearing to the total rebates to which he would be entitled apart from this section the same proportion as the number of days in that period bears to the number of days in a year; and where a taxpayer is assessed on a return or returns for more than a year, the rebates to which he would otherwise be entitled shall be proportionately increased.

(6) Where, for the purposes of this section, a taxpayer is assessed for income tax on a return made for a period that is less or greater than a year, the rate of tax shall be determined as for a year, and for the purposes of this subsection the taxable income of a taxpayer shall be deemed to have been derived at a uniform daily rate throughout the period for which the return has been made and where that period is less than a year that daily rate shall be deemed to have continued for a year.

(7) Where a taxpayer has been assessed for income tax on a return made to any date other than the 31st day of December in any year; the income derived by that taxpayer shall be deemed to have been assessed for tax to that date, and not to the 31st day of December nearst to that date.

(8) For the purpose of giving effect to the provisions of this section and to section 9 of this Act, the Collector may, for any year or years of assessment, make all such assessments or additional assessments as he may deem necessary, notwithstanding anything in this Act.

(1) When income is derived by 2 or more persons jointly as partners, co-trustees, or otherwise the following provisions shall apply:-

(2) For the purposes of this Act a husband and wife carrying on business together or deriving income jointly shall be deemed not to be carrying on business as partners or deriving income jointly and the whole of the income derived from the business or jointly shall be deemed to be that of the husband, unless in fact they are carrying on business or deriving the income jointly under a bona fide deed of partnership.

(1) The executor or administrator of a deceased taxpayer shall in respect of all income derived by that taxpayer in his life time make the same returns as the taxpayer ought to have made or would have been bound to make if he had remained alive; and the Collector may from time to time require the executor or administrator to make such further returns relative to that income as the Collector thinks necessary, and may assess the executor or administrator for income tax on that income in the same manner in which the taxpayer might have been assessed had he remained alive.

(2) The tax so assessed shall be deemed to be a liability incurred by the deceased taxpayer in his lifetime, and the executor or administrator of the taxpayer shall be liable for the same accordingly.

(2) The Collector may, if he thinks fit, at any time during the income year or in any subsequent year, require any person to whom this section applies to make a return of income derived from any specified transaction or transactions, or during any specific period, and may assess him for income tax on the income so returned, or when default is made in making such a return, or the Collector is dissatisfied therewith, then on such sum as the Collector thinks reasonable, and shall give notice of the assessment to the person so assessed.

(3) Any person so assessed shall have the same right of objection as if he had been assessed in the ordinary course.

(4) Tax so assessed shall be payable on demand, which may be made in and by the notice of assessment, or at any later date, and the tax shall be recoverable in the same manner as income tax assessed in the ordinary course.

(5) If any such assessment of income derived in any year is made before the passing of the annual taxing Act by which the rate of tax payable on that income is fixed, the tax shall be assessed at the rate fixed by the annual taxing Act last passed before the date of the assessment.

(6) No assessment made under this section shall in any manner preclude a subsequent assessment of the same person in the ordinary course in respect of the whole of the income derived by him during the income year with respect to which the assessment under this section was made, but in such case the tax paid under the earlier assessment shall be credited in the subsequent assessment.

In addition to the foregoing returns every person, whether a taxpayer or not, shall make to the Collector such annual returns as may from time to time be prescribed for the purposes of this Act.

(1) The annual return of income required under this Act to be furnished in any year by any taxpayer in respect of income derived by him in the preceding year shall be furnished to the Collector not later than the 1st day of March in that first-mentioned year, where -

(2) The annual return of income required under this Act to be furnished in any year by any taxpayer to whom subsection (1) of this section does not apply shall be furnished to the Collector in that year not later than the date specified in clause 1 of the Third Schedule to this Act.

(3) Where the income of a taxpayer for the preceding year consisted exclusively or principally of income other than income from employment or withholding income (not being produce payments), and the taxpayer satisfies the Collector that he is unable to furnish the required return by the due date therefor, the Collector, upon application in that behalf in writing by or on behalf of the taxpayer on or before that date, or within such further period as the Collector in his discretion may allow in any case of class of cases, may extend the time for furnishing the required return to such date as he in his discretion thinks proper in the circumstances.

In addition to the foregoing returns every person, whether a taxpayer or not, shall, as and when required by the Collector, make such further or other returns as the Collector requires for the purposes of this Act.

A return purporting to be made by or on behalf of any person shall for all purposes be deemed to have been made by that person or by his authority, as the case may be, unless the contrary is proved.

(1) From the returns made as aforesaid and from any other information in his possession the Collector shall in and for every year, and from time to time and at any time thereafter as may be necessary, make assessments in respect of every taxpayer, setting forth the amount upon which tax is payable and the amount of the tax.

(2) Every such assessment shall be made in such form and manner as the Collector thinks fit, and shall be signed by him.

(1) The Collector may in any year of assessment (whether before or after the passing of the annual taxing Act for that year) assess the income tax of any taxpayer at the basic rates. No such assessment shall be deemed to be invalid on the ground that it is made before the passing of the annual taxing Act.

(2) If the annual rates for any year of assessment are higher or lower than the basic rates, the amount of every assessment of income tax made under this section in respect of that year shall be deemed to be increased or reduced accordingly, and every such assessment shall have the same effect as if the amount thereof as so increased or reduced had been specified therein.

(2) For the purposes of this section the place of residence of any person other than a company, and the place of residence of any company, shall be determined in accordance with the provisions of section 87 of this Act.

If any person makes default in furnishing any return, or if the Collector is not satisfied with the return made by any person, or if the Collector has reason to suppose that any person, although he has not made a return, is a taxpayer, the Collector may make an assessment of the amount on which in his judgment tax ought to be levied and of the amount of that tax, and that person shall be liable to pay the tax so assessed, save in so far as that person establishes on objection that the assessment is excessive or that he is not chargeable with tax.

(1) The Collector may from time to time and at any time make all such alterations in or additions to an assessment as he thinks necessary in order to ensure the correctness thereof, notwithstanding that the tax already assessed may have been paid.

(2) If any such alteration or addition has the effect of imposing any fresh liability or increasing any existing liability, notice thereof shall be given by the Collector to the taxpayer affected.

When any person has made a return and has been assessed for income tax for any year, it shall not be lawful for the Collector to alter the assessment so as to increase the amount thereof after the expiration of 4 years from the end of the year in which the assessment was made or, in any case where in the opinion of the Collector the return so made is fraudulent or wilfully misleading or omits all mention of income which is of a particular nature or was derived from a particular source, and in respect of which a return is required to be made after the expiration of 10 years from the end of the year in which the assessment was made.

The validity of an assessment shall not be affected by reason that any of the provisions of this Act have not been complied with.

Except in proceedings on objection to an assessment under Part IV of this Act, no assessment made by the Collector shall be disputed in any Court or in any proceedings either on the ground that the person so assessed is not a taxpayer or on any other ground and except as aforesaid, every assessment and all the particulars thereof shall be conclusively deemed and taken to be correct, and the liability of the person so assessed shall be determined accordingly.

The production of any document under the hand of the Collector purporting to be a copy of or extract from any return or assessment shall in all Courts and in all proceedings be sufficient evidence of the original, and the production of the original shall not be necessary, and all Courts shall in all proceedings take judicial notice of the signature of the Collector either to the original or to any such copy or extract.

(1) As soon as conveniently may be after an assessment is made the Collector shall cause notice of the assessment to be given to the taxpayer.

(2) The omission to give any such notice shall not invalidate the assessment or in any manner affect the operation thereof.

(1) Any person who has been assessed for income tax may object to the assessment by delivering or posting to the Collector a written notice of objection stating shortly the grounds of his objection so that it reaches the Collector within the time specified-in that behalf in the notice of assessment, not being less than 4 weeks after the date on which that notice of assessment is given.

(2) If the Collector is satisfied that there is no suitable mail by which a written notice of objection can reach him within the time so specified, radio advice to the Collector that the taxpayer objects to his assessment will constitute an effective notice of objection if -

(3) No notice of objection given after the time so specified shall be of any force or effect unless the Collector in his discretion accepts the same and gives notice to the objector accordingly.

(1) The Collector shall consider every objection and may alter the assessment pursuant thereto.

(2) If an objection is not allowed by the Collector, the objector may, within 3 months after the date on which notice of the disallowance is given to him by or on behalf of the Collector, by notice in writing to the Collector require that the objection be heard and determined by the High Court before a Judge thereof, and in that event the objection shall be heard and determined in the High Court; and the High Court shall for the purpose of hearing and determining the objection, whatever the amount involved, have all the powers vested in it in its ordinary civil jurisdiction as if in an action between the objecting taxpayer and the Collector.

(3) If the Collector, after considering the objection, has allowed the objection in part and has reduced the assessment, the reduced assessment shall be the assessment to be dealt with by the High Court.

(1) The procedure for the institution, hearing, and determination of such proceedings in the High Court shall be in accordance with the ordinary practice of that Court.

(2) No objection to an assessment of income tax shall be heard by a Judge in open Court.

On the hearing and determination of all objections to assessments of income tax the burden of proof shall be on the objector, and the Court may receive such evidence as it thinks fit, whether receivable in accordance with law in other proceedings or not.

On the determination of any objection the Court may award such costs as it deems just either against the Collector or against the objector.

On the determination of any such objection the High Court may either confirm or cancel the assessment, or increase or reduce the amount thereof, and the assessment shall be altered by the Collector, if necessary, so as to conform to that determination.

The determination of the High Court on any such objection shall be subject to appeal to the Supreme Court of New Zealand in accordance with Article 61 of the Constitution.

(1) In this Act the term "appeal" means a proceeding in the High Court or an appeal to the Discretionary Review Board, under this Part of this Act, for the determination of an objection made under this Act to an assessment of income tax, and the term "appellant" means the person by whom any such objection has been made.

(2) The parties to the appeal shall be the appellant and the Collector as respondent.

(4) Within 14 days after the filing of the case by the Collector or within such further time as the Collector may allow, the appellant may, if he thinks fit, file an answer to the case. The answer shall set forth the facts as alleged by the appellant and the grounds of his appeal.

(5) The case as stated and filed by the Collector, shall not be conclusive as to the matters set forth therein, either against the appellant or the Collector except so far as agreed to in writing by or on behalf of the Collector and the appellant.

(6) After the filing of the case by the Collector, the Registrar of the Court, or a member of the Discretionary Review Board, as the case may be, shall, on the application of the Collector or of the appellant appoint a time and place for the hearing of the appeal, that time not being earlier (except with the consent of the Collector and the appellant) than 21 days after the date of the filing of the case.

(7) Reasonable notice by post or otherwise of the time and place so appointed shall be given by the person on whose application the appointment has been made to the other party to the appeal.

(8) At the time, and place so appointed, a Judge of the High Court or, in the absence of a Judge, the Registrar of the Court or the Discretionary Review Board or a member of that Board in the absence of the other member, as the case may be, may adjourn the hearing to any other time or place, and so on from time to time.

(9) If either party fails to appear at the hearing, the Court or the Board, as the case may be, shall in its discretion either adjourn the hearing or determine the appeal in the same manner as if both parties were present.

(10) The procedure at the hearing of the appeal shall be the same, with all necessary modifications, as if the appeal were an action in which the appellant is the plaintiff and the Collector is the defendant.

The obligation to pay and the right to receive and recover any tax shall not be suspended by any objection or appeal, but if the objector succeeds the amount (if any) of the tax received by the Collector in excess of the amount which, according to the decision on the hearing of the objection or appeal, was properly payable shall forthwith be refunded to him by the Collector.

The determination of an objection under any of foregoing provisions shall relate solely to the income which is the subject of the assessment objected to, and shall not affect the right of the Collector to assess tax on any other income of the objector, or to amend the assessment objected to in any manner rendered necessary by the assessment of tax on such other income.

The foregoing provisions as to objections shall have no application to an objection relating to any matter which by this Act is left to the discretion, judgment; or determination of the Collector save as provided in section 39 of this Act.

(1) There is hereby established a board, to be known as the Discretionary Revew Board, to consider, in accordance with this section, any appeal on the ground that an assessment of income tax made in respect of any taxpayer, pursuant to any provision of this Act whereby the Collector is required or empowered to exercise his discretion or his own judgment in such assessment, is unreasonable in the circumstances, and that the Collector on receiving an objection to such assessment has declined to allow the objection.

(2) The Board shall consist of 2 persons who shall be appointed by the Minister and who shall hold office during his pleasure.

(3) Any appeal under the provisions of this section shall be made in writing to the Collector within 21 days of receipt of notice from the Collector that the objection has been disallowed. Upon receipt of any such appeal the Collector shall forward the same forthwith for the consideration of the Board.

(4) If the Collector considers any appeal made under this section to be frivolous, he may by notice to the appellant require payment of the tax payable in accordance with the assessment appealed against before the appeal is considered, and in such case unless the tax is paid within 14 days of receipt of such notice no appeal under this section shall be of any effect.

(5) The Board shall consider all appeals made in accordance with this section; and in doing so shall have free access to all records under the control of the Collector relating to the taxpayer, and the same powers as are vested in the Collector for the administration of this Act shall, for the purposes of each appeal, be vested in the Board.

(6) If the members of the Board are unable to reach a unanimous decision on the matter appealed against the ruling of the Collector on the matter shall stand.

(7) If the members of the Board are unanimous in their decision on the matter appealed against, they shall convey such decision to the Collector and the appellant and such ruling shall be final. The Collector shall then make such adjustments in the assessment appealed against as are necessary to give effect to the ruling of the Board.

(8) No ruling or decision given by the Board in any particular case shall be binding on the Collector in any other case or matter wherein he is required or empowered to exercise his discretion or judgment under this Act.

"Absentee" means, in this Part of this Act, a person whose home has not been in the Cook Islands during any part of the income year:

Provided that a taxpayer shall not be deemed to be an absentee within the meaning of this Part of this Act if the Collector is satisfied that the absence of the taxpayer from the Cook Islands during the income year has been for the sake of his or her health, or of the health of the husband or wife, as the case may be, or of any child of the taxpayer:

Provided further that no person who is absent from the Cook Islands in the service in any capacity of the Government of the Cook Islands, nor the wife of any such person if she is absent from the Cook Islands with him, shall by reason of such absence be deemed to be an absentee within the meaning of this Part of this Act.

(1) Subject to the provisions of this Act, there shall be levied and paid for the use of Her Majesty for the year commencing on the 1st day of January in each year, a tax herein referred to as income tax.

(2) Subject to the provisions of this Act, income tax shall be payable by every person deriving income on all such income derived by him during the year for which the tax is payable.

(3) The year in which income is so derived is in this Act referred to as the income year and the year for which income tax is payable is in this Act referred to as the year of assessment.

(1) Income tax shall be assessed and levied on the taxable income of every taxpayer at such rate or rates as may be fixed from time to time by Acts to be passed for that purpose.

(2) The Act by which the rate of income tax is so fixed for any year is in this Act referred to as the annual taxing Act.

Every taxpayer who derives income from personal services during a visit to the Cook Islands not exceeding 15 months shall be assessed and liable for income tax to an amount equal to twice the amount of income tax for which he would have been assessed and liable if this section had not been passed.

(1) Subject to this section, in the assessment of every married taxpayer (other than a person to whom section 47 applies) there shall be allowed from the amount of income tax that would, apart from this section, be payable by the taxpayer in respect of the income derived by him or by her in the income year, a rebate in respect of his or her spouse of a sum equal to the smaller of -

(2) The amount of the rebate otherwise allowable under subsection (1) of this section shall be diminished by an amount equal to one one-hundredth thereof for every $3 of the excess of the income over $200 derived by the spouse in his or her own right from all sources in the income year.

(3) No rebate shall be allowed under this section in respect of a spouse whose income in his or her own right derived from all sources in the income year amounted to or exceeded $500 or who in fact has not during the income year been supported by the taxpayer.

(4) A taxpayer whose marriage is terminated and who remarries during the income year shall not be entitled in respect of that income year to a special exemption in respect of more than one spouse.

(5) Where a rebate is allowed in respect of the wife of a taxpayer under section 45 of this Act, no rebate shall be allowed in respect of that wife under this section.

(2) Subject to this section, where in any income year, a taxpayer (other than a person to whom section 47 of this Act applies) has a dependant or dependants in accordance with this section, there shall be allowed from the income tax payable by him apart from this section in respect of the income derived by him in that income year a rebate in respect of that dependant or those dependants equal to the smaller of the following 2 amounts -

(3) No rebate shall be allowed under this section in respect of any dependant if the Collector is satisfied that the dependant has sufficient income or capital available for his own support or that the contributions towards his support were not necessary.

(4) Where a rebate is allowed in respect of the wife of a taxpayer under section 44 of this Act, no rebate shall be allowed in respect of that wife under this section.

(1) For the purpose of assessing income tax every taxpayer (other than a person to whom section 47 of this Act applies) who is a contributor for the taxpayer's own benefit or for the benefit of the taxpayer's spouse or children (including a step-child, adopted child, or foster-child) to the National Provident Fund or to a superannuation fund, shall be entitled to a deduction by way of special exemption from his or her assessable income for any income year of the smaller of the following sums -

(2) The Collector may, in his discretion, disallow or decline to allow a deduction by way of special exemption under subsection (1) of this section in respect of contributions to any such fund which are withdrawn within 5 years after the date on which they were made, unless there is a regular pattern of contributions by the taxpayer to that fund over the whole of the period of 5 years immediately preceding the date on which the contributions are withdrawn, and may accordingly make or amend any assessment or assessments of the taxpayer for any year without allowing that deduction. For the purpose of giving effect to this subsection, the Collector may amend any assessment or assessments of the taxpayer at any time, notwithstanding the provisions of section 23 of this Act.

(1) No person arriving in or departing from the Cook Islands during the income year and no absentee shall be entitled to any rebate under section 44 or section 45 of this Act or to any special exemption otherwise than as provided in this section.

(2) In any case where the income derived by an absentee in any income year includes taxable income from personal services (being services performed for or on behalf of any other person) while personally present in the Cook Islands in that income year, there shall be allowed, in calculating the income tax otherwise payable in respect of the income derived by him in that income year, a rebate calculated in accordance with the following formula:

(3) For the purpose of assessing income tax on income derived in any income year by any person (other than an absentee) arriving in or departing from the Cook Islands during the income year there shall be allowed -

(2) For the purposes of this section the expression "sick, accident, or death benefit fund" means any fund established for the benefit of the employees of any employer, or of the members of any incorporated society or for the benefit of the widows and dependants of any deceased employees of any employer, or of any deceased members of any incorporated society, and approved for the time being by the Collector.

(1) Where any new industry or enterprise is established in the Cook Islands, or where any industry or enterprise already existing in the Cook Islands is materially expanded, and the Minister is satisfied that such establishment or expansion, as the case may be, will contribute substantially to the economic development of the Cook Islands, he may declare that the person or persons contributing to the establishment or expansion of that industry or enterprise shall be entitled to such concessions in respect of taxation on the income derived, whether directly or indirectly, from that industry or enterprise, as are specified in the declaration.

(2) The Minister shall refer all applications for concessions under this section to the Cabinet of the Cook Islands and shall have regard to any recommendations made by the Cabinet when making or declining to make a declaration under this section.

(3) Concessions granted by the Minister under the authority of this section may take the form of exemption of all or part of the income from taxation, reduction in the rates of taxation on all or part of the income, allowance of special deductions from assessable income, or may be in such other form as the Minister considers desirable and appropriate to the particular case.

(4) A declaration made under this section shall specify the period during which any concession is to apply, and the period as specified may from time to time be extended by the Minister by a subsequent declaration.

(5) Any declaration made under this section may be made upon or subject to such conditions as the Minister thinks fit and may at any time be revoked by the Minister if the taxpayer fails to comply with any such conditions.

(1) Without in any way limiting the meaning of the term, the assessable income of any person shall for the purposes of this Act be deemed to include, save so far as express provision is made in this Act to the contrary, -

(3) For the purposes of paragraph (f) of subsection (1) of this section where any securities have been acquired by purchase or otherwise during the income year, the Collector may, where he considers it equitable so to do, apportion between the transferor and the transferee any interest due or accruing due at the date of the transfer and not then paid:

(1) The assessable income of any person shall, for the purposes of this Act, be deemed to include -

(2) For the purposes of paragraph (b) of sub-section (1) of this section the term "timber" shall be deemed to include standing timber, and the term "sale" shall be deemed to include any disposition by way of a licence or easement, or the grant of any right of taking any profits or produce from land.

For the purposes of this Act every person shall be deemed to have derived income although it has not been actually paid to or received by him, or already become due or receivable, but has been credited in account, or re-invested, or accumulated, or capitalised, or carried to any reserve, sinking, or insurance fund, or otherwise dealt with in his interest or in his behalf.

(1) Where the amount of any expenditure or loss incurred by a taxpayer has been taken into account in calculating his assessable income for any income year, and subsequently the liability of the taxpayer in respect of that amount is remitted in whole or in part, the assessable income derived by the taxpayer during that year shall be deemed to be increased by the amount so remitted, and the taxpayer shall be assessable and liable for income tax accordingly.

(2) Where the amount of any expenditure or loss incurred by a taxpayer has been taken into account in calculating for the purposes of section 74 of this Act the amount of any loss incurred by him in any income year, and subsequently the liability of the taxpayer in respect of that amount has been remitted in whole or in part, the amount of the loss that may be carried forward under the said section 74 shall be deemed to be reduced by the amount so remitted.

(3) For the purposes of this section a liability in respect of any expenditure or loss shall be deemed to have been remitted to the extent to which the taxpayer has been discharged from that liability without fully adequate consideration in money or money's worth.

(4) For the purposes of giving effect to the provisions of this section, the Collector may at any time alter any assessment, notwithstanding anything to the contrary in section 23 of this Act.

(1) When income is derived by any person in any year by way of fines, premiums, or payment for goodwill on the grant of a lease, or in any other like manner by way of anticipation, the Collector may, if he thinks fit in his discretion, at the request of that person during, the next succeeding year, apportion that income between the income year and any number of subsequent years not exceeding 5, and the part so apportioned to each of those years shall be deemed to have been derived in that year, and shall be assessable for income tax accordingly.

(2) Any such apportionment may be at any time cancelled by the Collector, and thereupon the income so apportioned or the part thereof on which income tax has not yet been paid shall become assessable for income tax as if derived during the year preceding that in which the apportionment was so cancelled.

(1) For the purposes of this section the term "trading stock" includes anything produced or manufactured, and anything acquired or purchased for purposes of manufacture, sale, or exchange; and also includes livestock; but does not include land.

(2) Where any taxpayer owns or carries on any business, the value of his trading stock at the beginning and at the end of every income year shall be taken into account in ascertaining whether or not he has derived assessable income during that year.

(3) The value of the trading stock of any taxpayer to be taken into account at the beginning of any income year shall be its value as at the end of the last preceding income year:

Provided that where the taxpayer's business is commenced and his trading stock is acquired during the income year, the value of the trading stock as at the beginning of the income year shall be deemed to be an amount equal to its cost price.

(4) The value of the trading stock of any taxpayer to be taken into account at the end of any income year shall be, at the option of the taxpayer, its cost price, its market selling value, or the price at which it can be replaced.

(5) Where the value of the trading stock of any taxpayer at the end of any income year exceeds the value of his trading stock at the beginning of that year, the amount of the excess shall be included in his assessable income for that year.

(6) Where the value of the trading stock of any taxpayer at the beginning of any income year exceeds the value of his trading stock at the end of that year, the amount of the excess shall be allowed as a deduction in calculating the assessable income of the taxpayer for that year.

(7) Where in any income year the whole or any part of the assets of a business owned or carried on by any taxpayer is sold or otherwise disposed of (whether by way of exchange, or gift, or distribution in terms of a will or on an intestacy, or otherwise howsoever, and whether or not in the ordinary course of the business of the taxpayer or for the purpose of putting an end to that business or any part thereof), and the assets sold or otherwise disposed of consist of or include any trading stock, the consideration received or receivable for the trading stock or, as the case may be, the price which under this Act the trading stock is deemed to have realised shall be taken into account in calculating the taxpayer's assessable income for that year, and the person acquiring the trading stock shall, for the purpose of calculating his assessable income for that year or for any subsequent income year, be deemed to have purchased it at the amount of that consideration or price. The foregoing provisions of this subsection shall, with the necessary modifications, apply in any case where a share or interest in any trading stock is sold or otherwise disposed of by any taxpayer.

(8) Subject to the provisions of section 56 and 57 of this Act, the price specified in any contract of sale or arrangement as the price at which any trading stock is sold or otherwise disposed of as aforesaid shall be deemed for the purposes of this section to be the consideration received or receivable for the trading stock.

(1) Where any trading stock is sold together with other assets of a business, the part of the consideration attributable to the trading stock shall, for the purposes of this Act, be determined by the Collector, and the part of the consideration so determined shall be deemed to be the price paid for the trading stock by the purchaser.

(2) For the purposes of this section any trading stock which has been disposed of otherwise than by sale shall be deemed to have been sold, and any trading stock so disposed of and any trading stock which has been sold for a consideration other than cash shall be deemed to have realised the market price thereof at the date of the disposition or sale, but, where there is no market price, trading stock shall be deemed to have realised such price as the Collector determines.

(3) The foregoing provisions of this section shall, with the necessary modifications, apply in any case where a share or interest in any trading stock is sold or otherwise disposed of together with other assets of a business or with a share or interest in other assets of a business.

(4) For the purposes of this section the expression "trading stock" includes anything produced or manufactured and anything acquired or purchased for purposes of manufacture, sale, or exchange; and also includes any other real or personal property sold or disposed of by the taxpayer where the business of the taxpayer comprises dealing in such property or the property was acquired by him for the purpose of sale or other disposal; and also includes livestock.

(1) Where any trading stock is sold or otherwise disposed of without consideration in money or money's worth or for a consideration that is less than the market price or the true value thereof at the date of the sale or other disposition, the following provisions shall apply, namely:

(2) The foregoing provisions of this section shall, with the necessary modifications, apply in any case where a share or interest in any trading stock is sold or otherwise disposed of without consideration in money or money's worth or for a consideration that is less than the true value of the share or interest at the date of the sale or other disposition.

(3) For the purposes of this section the term "trading stock" includes anything produced or manufactured, and anything acquired or purchased for purposes of manufacture, sale, or exchange; and also includes livestock; and also includes any other real or personal property where the business of the person by whom it is sold or disposed of comprises dealing in such property or the property was acquired by his for the purpose of sale or other disposal.

(1) Where any taxpayer sells any patent rights, any sum received by his or owing to him in respect of the sale, after deducting the appropriate amount specified in subsection (2) of this section (so far as that amount has not been otherwise allowed as a deduction from his assessable income for that or any other income year), shall be deemed to be assessable income and shall be deemed to be derived by the taxpayer during the income year in which the sum is received bt or becomes owing to him.

(3) For the purposes of this section the sum received by or owing to any taxpayer in respect of the sale of any patent rights shall be deemed to include the value of any consideration (otherwise than in cash) received or owing in respect of the sale; and the value of that consideration shall be determined in case of dispute by the Collector.

(4) The foregoing provisions of this section shall, as for as they are applicable and with the necessary modifications, apply in any case where the sale is in respect of a share or interest in any patent rights.

and the Collector is of opinion that the remuneration, salary, share of profits, or other income payable to or for the benefit of that relative or company under the contract of employment or engagement or the terms of the partnership exceeds such an amount as is reasonable having regard to the nature and extent of the services rendered, the value of the contributions made by the respective partners by way of services or capital or otherwise, and any other relevant matters, the Collector may for the purposes of this Act allocate the total profits or income of the business or undertaking before deduction of any amount payable to that relative or company between the parties to the contract or the partners or any of them in such shares and proportions as he considers reasonable, and the amounts so allocated shall be deemed to be income derived by the persons to whom those amounts are so allocated and by no other person.

(2) Where any sum paid or credited by a company, being or purporting to be remuneration for services rendered by any person who is a relative of a director or shareholder of the company, is allocated to that company in accordance with subsection (1) of this section, the amount so allocated to the company shall be deemed to be a dividend paid by the company to that person and received by him as a shareholder of the company.

(3) For the purposes of this section the term "relative" means a husband or wife or a relative by blood within the fourth degree of relationship (whether legitimate or illegitimate), or a relative by marriage or adoption; and includes a trustee for a relative.

(4) This section shall apply whether the contract of service or employment or the partnership was entered into before or after the coming into operation of this Act.

(5) This section shall not apply to a bona fide contract of employment or to a bona fide contract of partnership. For the purposes of this section a contract of employment or a contract of partnership shall be deemed to be bona fide if it complies with the following conditions:

Every contract, agreement, or arrangement made or entered into, whether before or after the coming into operation of this Act, shall be absolutely void in so far as, directly or indirectly, it has or purports to have the purpose or effect of in any way altering the incidence of income tax, or relieving any person from his liability to pay income tax.

(1) Nothing in section 60 shall be so construed as to render void any contract, agreement, or arrangement made or entered into by any company (whether before or after the coming into operation of this Act) to the effect that the interest on any debentures issued by that company shall be free of income tax; and all such contracts, agreements, and arrangements are hereby declared to be valid and effective in accordance with this section unless the company is expressly or impliedly prohibited, by its memorandum or articles of association, from making or entering into any such contract, agreement, or arrangement.

(2) Where any debentures issued by a company purport to be issued free of income tax the company shall be liable for the payment of the income tax payable in respect thereof, and the debenture-holders shall be entitled to receive the full amount of interest payable pursuant to the debentures.

Except as expressly provided in this Act, no deduction shall be made in respect of any expenditure or loss of any kind for the purpose of calculating the assessable income of any taxpayer.

(1) In calculating the assessable income of any person deriving assessable income from one source only, any expenditure or loss exclusively incurred in the production of the assessable income for any income year may, except as otherwise provided in this Act, be deducted from the total income derived for that year.

(2) In calculating the assessable income of any person deriving assessable income from 2 or more sources, any expenditure or loss exclusively incurred in the production of assessable income for any income year may, except as otherwise provided in this Act, be deducted from the total income derived by the taxpayer for that year from all such sources as aforesaid.

Notwithstanding anything to the contrary in section 63 of this Act, in calculating the assessable income derived by any person from any source, no deduction shall, except as expressly provided in this Act, be made in respect of any of the following sums or matters:-

(1) Notwithstanding anything to the contrary in section 63 of this Act, in calculating the assessable income derived by any person from any source no deduction shall, except as expressly provided in this Act, be made in respect of any of the following sums or matters namely, the repair of premises, or the repair of plant, machinery, or equipment used in the production of income beyond the amount usually expended in any year for those purposes:

Provided that in cases where depreciation of any asset, whether caused by fair wear and tear or by the fact of such asset becoming obsolete or useless, cannot be made good by repair, the Collector may allow such deduction as he thinks just:

Provided further that where the Collector is satisfied that any repairs of any such asset do not increase the capital value of the asset, or that the repairs increase that value by an amount less than the cost of the repairs or alterations, he may allow such deduction as he thinks just.

(2) Without limiting the discretion of the Collector under subsection (1) of this section, it is hereby declared that he has power to refuse in whole or in part to allow any deduction under that subsection in any case where he is not satisfied that complete and satisfactory accounts have been kept by or on behalf of the taxpayer.

(3) Where the Collector has, for any year of assessment (whether before or after the commencement of this Act), allowed a deduction in respect of the depreciation of any asset and the taxpayer at any time afterwards sells or otherwise disposes of that asset at a price or for a consideration in excess of the amount to which the value of the asset has been reduced by that allowance, the Collector may make a revised assessment for that or any subsequent year without allowing such deduction or without allowing such portion thereof as he thinks fit, and may recover the additional amount of income tax accordingly. For the purpose of giving effect to the provisions of this subsection, the Collector may at any time alter any assessments, notwithstanding anything to the contrary in Section 23 of this Act.

(1) The Collector, in calculating the assessable income derived by any taxpayer during any income year, may allow such deduction as he thinks fit in respect of any sum expended by the taxpayer -

(2) In ascertaining the amount that may be deducted under this section in respect of any income year, the amount expended by the taxpayer in respect of the acquisition or erection of the building or in respect of the purchase of the lease shall be apportioned by the Collector over the unexpired period of the lease (including any period in respect of which a right of renewal exists) calculated from the date of the acquisition or erection or purchase as the case may be (whether that date falls before or after the commencement of this Act), and the amount deducted in respect of any income year shall not in any case exceed the amount apportioned to that year:

Provided however that in ascertaining the amount to be deducted the Collector shall take into account the amount by which the value of any building has already been reduced by the allowance of depreciation under the provisions of any previous legislation relating to the payment of income tax.

Provided further that where the unexpired portion of a lease is sold to any company over which the vendor has control, as defined in section 3 of this Act, or to any partnership over which the vendor has control, the amount of the annual deductions shall be limited to the amount to which the vendor would have been entitled had the sale not taken place.

(3) Where the Collector has, for any year of assessment, allowed a deduction under the provisions of this section and the taxpayer at any time afterwards sells the unexpired period of the lease, the Collector may make a revised assessment in respect of that year of assessment without allowing that deduction or without allowing such portion thereof as he thinks fit, and may recover the additional amount of income tax accordingly.

(4) For the purpose of giving effect to subsection (3) of this section the Collector may at any time alter any assessment, notwithstanding anything in section 23 of this Act.

(5) For the purposes of this section, where the unexpired period of the lease has been sold together with other assets of a business the consideration attributable to the sale of the lease and of any buildings erected on the demised land shall be determined by the Collector, and the part of the consideration so determined shall be deemed to be the price at which the lease and buildings were sold by the vendor and purchased by the purchaser.

(6) A taxpayer to whom this section applies may elect whether he will claim a deduction hereunder or will claim a deduction for depreciation under section 65 of this Act, but any deduction made under this section shall be in substitution for any deduction for depreciation which may be allowable under the said section.

The Collector may, in calculating the assessable income of any taxpayer, allow such deduction as he thinks fit in respect of expenditure incurred by the taxpayer during the income year for the preparation, stamping, and registration of any lease of property used in the production of his assessable income, or of any renewal of such lease, or in the borrowing of money employed by the taxpayer as capital in the production of assessable income.

(1) The Collector may, in the calculation of the assessable income of any taxpayer, allow such deduction as he thinks fit in respect of any premium, fine, or foregift, or any consideration in the nature of a premium, fine, or foregift, paid by the taxpayer in respect of the lease of any machinery used by him in the production of income, or in respect of the renewal of any such lease, or in respect of the assignment or transfer of any such lease.

(2) In ascertaining the amount that may be deducted in any year under this section the total amount paid by the taxpayer as aforesaid shall be apportioned by the Collector over the period of the lease unexpired at the date of payment, and the amount deducted for any year shall not in any case exceed the amount apportioned to that year.

(1) The Collector, in calculating the assessable income derived by any taxpayer during any income year, may allow such deduction as he thinks fit in respect of any sum expended by the taxpayer on the purchase of any patent rights used by him in the production of his assessable income for that income year.

(2) In ascertaining the amount that may be deducted under this section in respect of any income year, the total amount payable by the taxpayer in respect of the purchase of any patent rights shall be apportioned by the Collector over the term of the patent rights unexpired at the date of the purchase, and the amount deducted in respect of any income year shall not in any case exceed the amount apportioned to that year.

(3) Where, at any time before the expiry of any patent rights purchased by a taxpayer, the patent rights have come to an end without being subsequently revived or have been sold by the taxpayer, an amount bearing to the total sum expended by the taxpayer on the purchase of the patent rights the same proportion as the unexpired term of the patent rights at the date of their so coming to an end or being sold bears to their unexpired term at the date of their purchase by the taxpayer (so far as that amount has not been otherwise allowed as a deduction from his assessable income for that or any other income year) shall be allowed as a deduction from the assessable income derived by the taxpayer during the income year in which the patent rights have so come to an end or been sold.

(4) All references in this section to "the taxpayer", in relation to any taxpayer who has died after expending any sum on the purchase of any patent rights, shall be deemed to be references to his personal representatives and to the trustees of his estate and (so far as the Collector thinks just and equitable) to the beneficiaries of the taxpayer's estate.

(1) In calculating the assessable income derived by any taxpayer during any income year, the Collector may allow such deduction as he thinks fit in respect of any expenditure incurred by the taxpayer during that year in connection with the grant, maintenance, or extension of a patent used by him in the production of his assessable income for that year.

(2) Where a patent has been granted in respect of any invention, the Collector, in calculating the assessable income derived during any income year by any taxpayer who has used the patent in the production of his assessable income for that year and who, whether alone or in conjunction with any other person, actually devised the invention, may allow such deduction as he thinks fit in respect of any expenditure incurred by the taxpayer in connection with the devising of the invention (not being expenditure in respect of which, or of assets representing which, a deduction is otherwise allowable).

In calculating the assessable income derived by any taxpayer during any income year, the Collector may allow such deduction as he thinks fit in respect of any expenditure incurred by the taxpayer during that year in connection with scientific research directly relating to the trade or business carried on by the taxpayer, except so far as the expenditure relates to an asset in respect of which a deduction for depreciation is allowable under this Act.

(1) Notwithstanding anything to the contrary in this Act, where property has been devised or bequeathed by will subject to the payment of an annuity or has been made subject to the payment of an annuity by order of the High Court or by a deed of family arrangement, and that property or any property substituted therefor has been transferred to a beneficiary and is charged with payment of the annuity or any part thereof, any amount paid in any income year on account of that annuity by the owner of that property or substituted property shall be allowed as a deduction in calculating the income derived by the owner from that property or substituted property in that income year, so far as that income extends:

Provided that no deduction shall be allowed under this section where the owner for the time being of the property or substituted property (not being a beneficiary) is a person who has acquired the same by purchase subject to the condition that he assumes the liability for the whole or any part of the annuity charged thereon:

Provided also that, to the extent that an annuity payable by the owner of the property or substituted property under a deed of family arrangement represents, in the opinion of the Collector, consideration for the purchase of the property or substituted property by the owner, the annuity shall not be allowed as a deduction under this section.

(2) In this section the term "beneficiary", in relation to any property, means a person to whom that property has been devised or bequeathed by will, or a person who is entitled, pursuant to a provision in a will, to purchase, subject to payment of an annuity, that property, being property that forms part of the estate of the testator; and includes a person who is entitled to the property pursuant to an order of the High Court or to a deed of family arrangement.

(1) In calculating the taxable income of any employer the Collector may allow a deduction of any amount set aside or paid by the employer as or to a fund to provide individual personal benefits, pensions, or retiring allowances to employees of that employer:

Provided that a deduction shall not be allowed under this section unless the Collector is satisfied that the fund has been established or the payment made in such a manner that the rights of the employees to receive the benefits, pensions, or retiring allowances have been fully secured.

(2) The Collector shall have an absolute discretion as to whether or not a deduction should be allowed under this section of the whole or any part of any amount set aside or paid as aforesaid and there shall be no right of objection to any determination of the Collector under this section.

(1) For the purposes of this section any loss incurred by a taxpayer shall be ascertained in accordance with the provisions of this Act for the calculation of assessable income.

(2) Any taxpayer who satisfies the Collector that he has, in any year, whether before or after the coming into operation of this Act, incurred a loss shall, subject to this section, be entitled to claim that such loss be carried forward, and, so far as may be, deducted from or set off against his assessable income for subsequent years:

Provided that no claim to a deduction or set-off will be allowed under this section in respect of any loss which has been deducted from or set-off against the assessable income of the taxpayer under the provisions of any previous legislation, relating to income tax:

Provided also that any relief under this section shall be given so far as possible from the first succeeding assessment, and so far as it cannot then be given, shall be given from the next succeeding assessment, and so far as it cannot then be given, shall be given from the next succeeding assessment, and so on:

(3) Notwithstanding anything in the foregoing provisions of this section, if in respect of any year of assessment any taxpayer, being a company, claims to carry forward any loss made by it in any former income year, the claim shall not be allowed unless the Collector is satisfied that the shareholders of the company on the balance date of the company for the year to which the loss claimed is to be carried forward were substantially the same as the shareholders of the company on the balance date of the company for the year in which the loss was incurred. For the purposes of this subsection the shareholders of a company at any date shall not be deemed to be substantially the same as the shareholders on any other date unless, on both such dates, not less than 40 percent of the paid up capital of the company was held by or on behalf of the same persons, nor unless, on both such dates, not less than 40 per cent in nominal value of the allotted shares in such company were held by or on behalf of the same persons. For the purposes of this subsection shares in a company held by or on behalf of another company shall be deemed to be held by the shareholders of such last mentioned company and shares held by or on behalf of the trustee of the estate of a deceased shareholder, or by or on behalf of the persons entitled to those shares as beneficiaries under the will or intestacy of a deceased shareholder, shall be deemed to be held by that deceased shareholder.

Where any sum paid or credited by a company, being or purporting to be remuneration for services rendered by any person who is a share-holder or director of the company or a relative of any such shareholder or director, exceeds such amount as in the opinion of the Collector is reasonable, the amount of the excess shall not be an allowable deduction in calculating the assessable income of the company; and shall, for the purposes of this Act, be deemed to be a dividend paid by the company to that person and received by him as a shareholder of the company;

Provided that this section shall not apply in any case where the Collector is satisfied -

(1) Where in any debenture issued by a company, whether before or after the coming into operation of this Act, the rate of interest payable in respect thereof is not specifically determined, but is determinable from time to time by reference to the dividend payable by the company or otherwise howsoever, no deduction shall be made, in calculating the assessable income of the company, in respect of any interest payable under the debenture or of any expenditure or loss incurred in connection with the debenture or in borrowing the money secured by or owing under the debenture.

(2) The provisions of section 141 of this Act shall not apply with respect to any such debenture or to the interest paid or payable thereunder.

(2) Where, whether before or after the passing of this Act, a company has issued debentures to its shareholders or to any class of its shareholders, and the amount of the debenture or debentures issued to each shareholder of the company or of that class has been determined by reference to the number or to the nominal value or to the paid up value of, or by reference otherwise howsoever to the shares in that company or in any other company (whether or not that other company is being or has been wound up) that were held by or on behalf of the shareholder at the time the debentures were issued or at any earlier time, no deduction shall be made, in calculating the assessable income of the company, in respect of any interest payable under the debenture or of any expenditure or loss incurred in connection with the debenture or in borrowing the money secured by or owing under the debenture.

(3) The provisions of section 76 of this Act shall apply with respect to all debentures to which subsection (2) of this section applies and to the interest payable thereunder in the same manner as if those debentures and that interest were debentures and interest of the kinds referred to in the said section 76.

(1) Where an association enters into transactions with its members, or with its members and others, any profit or surplus arising from those transactions which would be included in the profits or gains of the association if the transactions were not of a mutual character shall be deemed to be profits or gains arising from those transactions and to be assessable income of the association except that, in calculating the assessable income of the association, the Collector shall allow as expenses any sums which -

(2) Nothing in this section shall effect the extent of the exemption from income tax of any co-operative company to which paragraph (s) of subsection (1) of section 48 of this Act applies.

(3) Where any discount, rebate, dividend, or bonus is granted or paid to any person by an association, it shall form part of the assessable income of that person if the transaction from which it arises is of such a nature that any payment in respect thereof by that person to the association would be allowed as a deduction in calculating the assessable income of that person.

(4) For the purposes of this section, a discount, rebate, dividend, or bonus shall be deemed to have been granted or paid to a person when it has been credited in account or otherwise dealt with in his interest or on his behalf.

(5) In this section the term "association" includes any body or association of persons, whether incorporated or not.

Every banking company shall be assessable and liable for income tax in the same manner as if it were a company other than a banking company.

(1) For the purposes of this Act the assessable income of an overseas insurance company shall include the amount of gross premiums derived by the company in respect of business (other than life assurance business) transacted in the Cook Islands.

(2) Income tax on the assessable income of an overseas insurance company determined in accordance with subsection (1) of this section shall be assessed at the rate as set out in the First Schedule to this Act.

(3) For the purposes of this section "overseas insurance company" means a company mainly carrying on the business of insurance or guarantee against loss, damage, or risk of any kind whatever, and whose main place of business is situated outside the Cook Islands.

(1) Notwithstanding anything to the contrary in this Act, where a ship or aircraft belonging to or chartered by any person, being resident in a country or territory outside the Cook Islands and not being resident in the Cook Islands, carries outside the Cook Islands merchandise, goods, livestock, mails, or passengers shipped or embarked in the Cook Islands, 5 percent of the gross amount paid or payable to that person in respect of that carriage, whether that amount is payable in or outside the Cook Islands, shall be deemed to be taxable income derived by him from the Cook Islands. No person to whom this subsection applies shall, in respect of carriage as aforesaid, be assessable for income tax otherwise than as provided in this subsection.

(2) For the purposes of this section merchandise, goods, livestock, mails, or passengers shipped or embarked on any ship or aircraft at any port in the Cook Islands for carriage outside the Cook Islands shall be deemed to be carried outside the Cook Islands from that port notwithstanding that the ship or aircraft calls at any one or more other ports in the Cook Islands before finally leaving the Cook Islands on the voyage.

(2) Notwithstanding anything to the contrary in this Act, for the purpose of assessing income tax the income derived by any person from the business of renting films shall be calculated in accordance with this section.

(3) Where rents are derived from the Cook Islands by any person (whether resident in the Cook Islands or elsewhere) from the business of renting films, whether derived by that person as principal or as agent or trustee for any other person, an amount equal to 10 percent of the gross rents so derived shall be deemed to be assessable income of that person, and, subject to this section, that person shall be assessable and liable for income tax accordingly.

(4) Where any parson who carries on the business of renting films is liable for income tax under this section and is required under an agreement with any other person, whether resident in the Cook Islands or elsewhere, to pay to that other person any portion of the film rents, or any royalty, commission, or other amount in respect of the films rented, that other person shall not be liable for income tax on any such amount so paid to him.

(5) In calculating the taxable income of any person who carries on the business of renting films, no deduction, (not being a special exemption) shall be allowed except as expressly provided in this section.

(6) Where a person who carries on the business of renting films incurs a loss in any income year in any other business or in connection with any other source of income, that loss may be deducted from the assessable income deemed to be derived in that income year from the business of renting films, except to the extent that the loss is deducted from any other income derived in that year by the taxpayer, and any loss not allowed as a deduction in that year may be carried forward in accordance with section 74 of this Act. For the purposes of this section, any expenditure or loss incurred by a taxpayer in connection with -

shall be deemed to be incurred in the business of renting films and shall not be deductible in calculating the assessable income of the taxpayer.

(7) Any assessment heretofore made in respect of the income derived for any income year prior to the income year ending on the 31st day of December 1972 by any person who carries on the business of renting films shall, in so far as it includes as assessable income an amount equal to a proportion of the gross rents paid or payable to that person in respect of the renting of any films shall be deemed to have been validly and lawfully made.

With respect to income derived by a trustee the following provisions shall apply:

It is hereby declared that any amount received in any income year by the trustee of the estate of a deceased person shall be deemed to be assessable income derived by the trustee in that year if it does not represent assessable income derived by the deceased person during his lifetime, but would have included in his assessable income if he had been alive when it was received.

Where the amount of any debt owing to a deceased taxpayer at the date of his death has been included in the assessable income of the taxpayer or of the trustee of his estate for any income year, and the debt or any part of it is proved to the satisfaction of the Collector to be irrecoverable and to have been actually written off by the trustee as a bad debt, the amount so written off shall be deemed to be a loss incurred by the trustee in the income year in which the amount was written off, and shall be allowable as a deduction, first against any income derived by the trustee in that income year which is assessable to the trustee as income not derived by a beneficiary entitled in possession to the receipt thereof under the trust during that year, and then, as to any balance, against any income derived in that year by or in trust for a beneficiary who has a vested interest in the capital of the estate to the extent that the loss is chargeable against the capital of that beneficiary; and any balance not allowed as a deduction in that year shall, so far as it extends, be allowable as a deduction in the same manner successively in subsequent years.

(1) Subject to the provisions of this Act, all income derived by any person who is resident in the Cook Islands at the time when he derives that income shall be assessable for income tax, whether it is derived from the Cook Islands or from elsewhere.

(2) Subject to the provisions of this Act, all income derived from the Cook Islands shall be assessable for income tax, whether the person deriving that income is resident in the Cook Islands or elsewhere.

(3) Subject to the provisions of this Act, no income which is neither derived from the Cook Islands nor derived by a person then resident in the Cook Islands shall be assessable for income tax.

(1) A person other than a company shall be deemed to be resident in the Cook Islands within the meaning of this Part of this Act if his home is in the Cook Islands.

(2) A company shall be deemed to be resident in the Cook Islands within the meaning of this Part of this Act if it -

(3) For the purposes of this Act the head office of a company means the centre of its administrative management.

(1) Subject to the provisions of section 89 of this Act, the following classes of income shall be deemed to be derived from the Cook Islands:-

(2) For the purposes of paragraph (d) of subsection (1) of this section, the term "money lent" includes -

Whenever by reason of the manufacture, production, or purchase of goods in one country and their sale in another, or by reason of successive steps of production or manufacture in different countries, or by reason of the making of contracts in one country and their performance in another, or for any other reason whatever, the source of any income is not exclusively in the Cook Islands, that income shall be apportioned between its source in the Cook Islands and its source elsewhere, or attributed to one of such sources to the exclusion of the other, in such manner as the Collector thinks just and reasonable, having regard to the nature and relative importance of the sources of that income; and the income, so far as so apportioned or attributed to a source in the Cook Islands, shall be deemed to be derived from the Cook Islands, and shall be assessable for income tax accordingly.

(2) Subject to the provisions of this section, where a person who is resident in the Cook Islands derives income from a country or territory outside the Cook Islands, income tax paid in that country or territory in respect of that income shall be allowed as a credit against income tax payable in the Cook Islands in respect of that income.

(3) The provisions of Part VI of this Act, as far as they are applicable and with the necessary modifications, shall, for the purposes of subsection (2) of this section, apply as if the provisions of that subsection were an agreement as defined in subsection (1) of section 92 of this Act made between the Government of the country or territory outside the Cook Islands and the Government of the Cook Islands.

(1) The Minister may from time to time enter into arrangements with the Government of any country or territory outside the Cook Islands with a view to affording relief from double taxation in relation to income tax and any taxes of a similar character imposed by the laws of that country or territory, and such arrangements shall, notwithstanding anything to the contrary in this Act or any other enactment, have effect in relation to income tax and every such arrangement shall, subject to the provisions of this section, have effect according to its tenor.

(2) Without limiting the generality of the foregoing provisions it is hereby declared that any arrangements to which effect is given under this section may contain provision, in relation to any of those taxes,-

(3) Any such arrangements may include provision for relief from tax for periods before the commencement of this Act or before the making of the arrangements, and provisions as to income which is not itself subject to double taxation.

(4) Any such arrangements under this section may be at any time amended or revoked by a subsequent arrangement; and any such amending or revoking arrangement may contain such-transitional provisions as appear to the Minister to be necessary or expedient.

(5) Where any arrangements are made under this section the obligation as to secrecy imposed by this Act shall not prevent the Collector from disclosing to any authorised officer of the Government with which the arrangements are made such information as is required to be disclosed under the arrangements.

(2) For the purposes of this Act, a reference in an agreement to profits of an activity or business shall, in relation to Cook Islands tax, be read, where the context so permits, as a reference to taxable income derived from that activity or business.

(1) Where a taxpayer claims a credit for foreign tax in accordance with the provisions of an agreement, the Collector shall determine whether a credit is allowable and, if so, the amount of the credit.

(2) The Collector may from time to time and at any time amend a determination as he thinks necessary in order to ensure the correctness thereof.

(1) As soon as conveniently may be after a determination is made, the Collector shall cause notice of the determination to be given to the taxpayer.

(2) The notice under this section may be included in a notice of assessment given to the taxpayer pursuant to section 27 of this Act.

Except in proceedings on objection thereto under Part IV of this Act, no determination shall be disputed in any Court or in any proceedings (including proceedings before a Discretionary Review Board); and, except as aforesaid, every such determination shall be conclusively deemed to be correct.

The production of any document under the hand of the Collector purporting to be a copy of or an extract from a notice of a determination shall in all Courts and in all proceedings (including proceedings before a Discretionary Review Board) be sufficient evidence of the original, and the production of the original shall not be necessary; and all Courts and Boards shall in all proceedings take judicial notice of the signature of the Collector either to the original or to any such copy or extract.

(1) Any taxpayer affected by a determination may object to the determination by delivering or posting to the Collector a written notice of objection stating shortly the grounds of the objection, within 1 month after the date on which notice of the determination is given to him by or on behalf of the Collector:

Provided that where the determination is an amended determination the taxpayer shall have no further right of objection than he would have had if the amendment had not been made, except to the extent to which by reason of the amendment the amount of the credit for foreign tax is reduced.

(2) No notice of objection given after the time prescribed by subsection (1) of this section shall be of any force or effect unless the Collector in his discretion accepts the objection and gives notice to the objector accordingly.

Subject to the provisions of this Part of this Act, the provisions of Part IV of this Act, as far as they are applicable and with the necessary modifications, shall apply to every objection to a determination, as if -

A credit for foreign tax shall not be allowed unless, within 4 years after the end of the income year in which the taxpayer derived. the income against the Cook Islands tax on which the credit is claimed, or within such further period, not exceeding 2 years, as the Collector in his discretion allows in any case or class of cases, the taxpayer claiming the credit -

Where, under the provisions of an agreement, a credit for foreign tax is allowable in respect of any income, the amount of that credit shall not exceed the amount of Cook Islands tax payable in respect of that income.

the amount of that excess shall be deemed to be income tax due and payable to the Collector on the 30th day after the date of the notice of determination of the credit or the date of the receipt by the taxpayer of that refund or repayment, whichever date is the later, and the provisions of this Act shall apply accordingly.

(1) Where, for the purposes of the application of the provisions of an agreement or for any other purposes of this Act, it is necessary to ascertain the amount of Cook Islands tax payable by a taxpayer in respect of any income of a particular nature or from a particular source derived by him in an income year, the amount of tax shall be ascertained in accordance with the following formula:

(1) This Part of this Act shall apply notwithstanding anything to the contrary in any other Part of this Act.

(2) This Part of this Act shall apply to income (in this Act referred to as withholding income) being income -

Every person who derives withholding income shall be liable to pay withholding tax upon that income as follows:

(1) Where a person makes a payment of withholding income, he shall, at the time of making the payment, make a deduction of withholding tax therefrom of an amount determined in accordance with section 105 of this Act.

that agent or other person shall, at the time of receiving the payment, make a deduction therefrom of the amount of the withholding tax or, as the case may be, of the amount of the deficiency in that tax.

(3) Where a person makes a deduction of withholding tax under subsection (1) of this section from a payment of withholding income, he shall, at the time of making the payment, advise the person to whom the payment is made (whether or not that last-mentioned person is the person entitled to the payment), in writing, of the amount of the deduction made by him from the payment.

(4) This section shall not apply where the withholding income consists of a dividend of any of the kinds referred to in paragraph (b) or paragraph (d) of subsection (1) of section 4 of this Act.

the company shall not pay the dividend to or in the interest of or on behalf of any person until an amount equal to the amount of the withholding tax that, but for the last-mentioned subsection, would have been required to be deducted, has been paid to the Collector in respect of the dividend.

that agent or other person shall not pay the dividend to or in the interest of or on behalf of any person until an amount equal to the amount of the withholding tax that, but for the last-mentioned subsection, would have been required to be deducted has been paid to the Collector in respect of that dividend.

(3) A person who has paid to the Collector an amount equal to the withholding tax in relation to any dividend in accordance with this section may, in writing, request the Collector to inform the company by which the dividend is to be paid, or any person to whom the dividend has been paid, that that amount has been so paid in respect of that dividend, and, upon receipt of such a request, the Collector shall, in writing, inform that other person accordingly.

(1) Every person who makes deductions of withholding tax from, or is liable to pay withholding tax in respect of, payments that consist of withholding income shall, not later than the 20th day of the month next after the month in which he has made any such deductions or, as the case may be, become liable to withholding tax, pay to the Collector the amount of the deductions or, as the case may be, the amount of the withholding tax for which he has become liable.

(2) The Collector may extend the time for payment of any amount of withholding tax in such cases and to such extent as he thinks fit.

Every person who in any year makes any deduction of withholding tax from any payment of withholding income, or pays to the Collector any amount in respect of withholding tax in accordance with section 107 of this Act, shall, not later than the 15th day of February next after the end of that year, deliver to the Collector a statement showing particulars of the withholding income, the persons entitled to receive that income, and the withholding tax relating thereto.

Notwithstanding anything in this Act, withholding income that consists of dividends or interest or royalties derived by a person who is not resident in the Cook Islands shall not be included in the assessable income of the person by whom that withholding income is derived, and the amount of income tax for which that person is liable in respect of the amount of that withholding income in any income year shall be determined exclusively and finally by the total amount of tax for which that person is liable in accordance with section 105 of this Act in respect of that income.

Withholding income (not being dividends, interest, or royalties derived by a person who is not resident in the Cook Islands) derived by any person in any income year shall be included in the assessable income of that person for that year, and against the income tax assessed in respect of that assessable income for that income year there shall be allowed a credit equal to the withholding tax (but not including any additional tax or penal tax) deducted or paid to the Collector in respect of that withholding income.

the person who derives the withholding income shall pay to the Collector an amount equal to the amount of the deduction or, as the case may be, the payment that should have been made and was not made, and that amount shall be due and payable to the Collector on the 20th day of the month next after the month in which the deduction was required to be made, or, as the case may be, the dividend was paid, or in either case, on such later date as the Collector, in his discretion, may in any case allow.

(1) Where a person fails to make any deduction of withholding tax from any withholding income in accordance with his obligations under section 106 of this Act, the amount in respect of which default has been made shall constitute a debt payable by that person to the Collector, and shall be deemed to have become due and payable to the Collector on the 20th day of the month next after the month in which the payment of that withholding income was made.

(2) Where a person has in contravention of section 107 of this Act, paid a dividend without payment to the Collector of an amount equal to the withholding tax in relation to that dividend, that amount or, as the case may be, so much thereof as has not been paid to the Collector shall constitute a debt payable by that person to the Collector, and shall be deemed to have become due and payable to the Collector on the day on which that dividend was paid.

(3) The right of the Collector to recover the amount in respect of which default has been made in the manner referred to in subsection (1) or subsection (2) of this section from a person who has made default shall be in addition to any right of the Collector to recover that amount from the person chargeable with withholding tax to which that amount relates; and nothing in this Part of this Act shall be construed as preventing the Collector from taking such steps as he thinks fit to recover that amount from both of those persons concurrently, or from recovering that amount wholly from one of those persons; or partly from one and partly from the other of those persons.

(4) Where any amount recoverable in accordance with this Part of this Act from the person chargeable with the withholding tax to which that amount relates is in fact paid by another person, the amount so paid may be recovered by that other person from that first-mentioned person.

(1) The Collector may, in respect of any person who is chargeable with withholding tax, make an assessment of the amount of withholding income on which in his judgement withholding tax ought to be levied and of the amount of that tax, and that person shall be liable to pay the tax so assessed, except so far as he establishes on objection that the assessment is excessive or that he is not chargeable with the tax so assessed.

(2) The Collector may make an assessment of any amount which in his judgement any person is liable to account for or pay to the Collector under this Part of this Act, and any person who is so assessed shall be liable to pay the amount so assessed, except so far as he establishes on objection that the assessment is excessive or that he is not liable to account for or pay the amount so assessed.

(3) Sections 22, 24, 25, 26, and 27 of this Act shall apply, so far as may be, with respect to every assessment made under subsection (1) or subsection (2) of this section, as if -

(4) An assessment made under this section shall be subject to objection in the same manner as an assessment of income tax levied under section 41 of this Act, and the provisions of Part IV of this Act shall apply, so far as may be, to an objection to an assessment made under this section as if the terms "income tax" and "tax" used in that Part included withholding tax or, as the case may be, an amount assessed under subsection (2) of this section.

that person shall, unless the Collector is satisfied that he has not been guilty of wilful neglect or default, be liable, without conviction, in addition to any other penalty to which he may be liable, to a penalty equal to 10 percent of the amount in respect of which default has been made.

(3) A penalty imposed under this section shall for all purposes be deemed to be of the same nature as the amount or part thereof in respect of which it is imposed, and shall be recoverable accordingly.

(4) Subject to the provisions of this Part of this Act, the provisions of the other Parts of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to the amount of every penalty imposed under this section as if it were additional tax under section 206 of this Act and as if the person liable to the penalty were the taxpayer.

that person shall be chargeable by way of penalty, in addition to any other penalty to which he may be liable, with an additional amount (hereinafter referred to as penal tax) not exceeding an amount equal to treble the amount in respect of which default has been made (hereinafter referred to as the deficient deduction).

(2) For the purposes of paragraph (b) of subsection (1) of this section, a deduction of withholding tax shall be deemed to have been made if and when payment is made of the net amount of any withholding income, and the amount of any tax shall be deemed to have been applied for a purpose other than the payment thereof if that amount is not duly paid to the Collector:

Provided that no person shall be chargeable with penal tax under paragraph (b) of subsection (1) of this section if he satisfies the Collector that the amount of the withholding tax has been accounted for, and that his failure to account for it within the prescribed time was due to illness, accident, or other cause beyond his control.

(3) Penal tax imposed by this section shall for all purposes be deemed to be of the same nature as the deficient deduction, and shall be recoverable accordingly.

(1) Without limiting the application of section 221 of this Act, it is hereby declared that every person commits an offence against this Act who -

(2) For the purposes of paragraph (b) of subsection (1) of this section, a deduction of withholding tax shall be deemed to have been made if and when payment is made of the net amount of any payment of withholding income, and the amount of any withholding tax shall be deemed to have been applied for a purpose other than the payment thereof if that amount is not duly paid to the Collector:

Provided that no person shall be convicted of an offence under paragraph (b) of subsection (1) of this section if he satisfies the Court that the amount of the withholding tax has been accounted for, and that his failure to account for it within the prescribed time was due to illness, accident, or other cause beyond his control

any dividends paid in respect of those shares to that other company while any part of that price remains unpaid or owing as aforesaid shall, to the extent to which that price is unpaid or owing at the time when the dividends are paid to that other company, be deemed to have been paid to that person and to have been derived as dividends by that person at that time, and the provisions of this Act (including this Part of this Act) shall apply accordingly.

Where any withholding tax has been deducted from a payment consisting of withholding income, the amount so deducted -

This Part of this Act shall apply to every company that is deemed to be resident in the Cook Islands within the meaning of Part V of this Act.

(1) There shall be levied and paid in accordance with this Part of this Act in and for every year of assessment, a special tax by way of an income tax to be known as bonus issue tax, which tax shall be distinct from and in addition to income tax levied under section 41 of this Act.

(2) Bonus issue tax shall be levied and paid at such rate or rates as may be fixed from time to time by an annual taxing Act.

Where a company to which this Part of this Act applies makes a bonus issue, the company shall be assessable with and liable for bonus issue tax on the amount of the bonus issue in accordance with this Part of this Act.

Bonus issue tax shall be payable for any year of assessment by every company to which this Part of this Act applies on the amount of any bonus issue made by the company in the income year (or, as the case may be, the accounting year corresponding with that income year) immediately preceding the year for which the tax is payable.

All bonus issue tax payable by a company under an assessment of tax shall be due and payable on the 1st day of October in the year for which the tax is payable.

Where a company to which this Part of this Act applies has made a bonus issue, and -

the distribution shall be deemed to be a further bonus issue made by the company at the time of the distribution and the provisions of this Part of this Act shall apply accordingly.

Subject to the provisions of this Part of this Act, the provisions of the other Parts of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to bonus issue tax and the assessment, recovery, and payment thereof as if it were income tax levied under section 41 of this Act; but nothing in this Part of this Act shall be so construed as to include bonus issue tax in the terms "income tax" or "tax" for the purposes of Part V of this Act.

(1) Every agent shall make returns of the income in respect of which he is an agent, and shall be assessed thereon in the same manner as if he was the principal, save that he shall be entitled to no special exemption or rebates from income tax other than such exemption or rebates (if any) as his principal may be entitled to.

(2) Every person liable to furnish a return as agent for any person shall furnish a separate return for each person for whom he is agent, in addition to his own individual return.

Except where otherwise expressly provided by this Act the rate of tax for which an agent shall be so assessed and liable shall be determined by reference to the total taxable income of the principal, but it shall be charged and payable only on the income in respect of which the agency exists, and in the same proportion which that income bears to the total income of the principal.

(1) Nothing in this Act relating to an agent shall be so construed as to release the principal from liability to make returns and to be assessed and chargeable with tax.

(2) No assessment of the agent shall preclude an assessment of the principal for the same tax, nor shall an assessment of the principal preclude an assessment of the agent for the same tax, and the principal and agent shall be jointly and severally liable for all tax for which the agent is liable.

(3) When 2 or more persons are liable to be assessed as agents in respect of the same tax, they shall be jointly and severally liable therefor.

When an agent pays any tax he may recover the amount so paid from his principal, or may deduct the amount from any money in his hands belonging or payable to his principal.

An agent may from time to time during the income year, or at any later time, retain out of any money belonging or payable to his principal such sums as may reasonably be deemed sufficient to pay the tax for which the agent is or may become liable.

An assessment made by the Collector shall, as between an agent and his principal, be a sufficient authority for the payment by the agent of the tax so assessed, and the agent shall be entitled as against his principal to reimbursement accordingly.

(1) Every agent shall be personally liable for the tax on income in respect of which he is an agent.

(2) When the Collector is satisfied that an agent has no money of his principal with which he can pay the tax, and that he has not paid away any such money after notice of the assessment of the tax, and that immediate enforcement of payment by the agent would be a cause of hardship, the Collector may allow the agent such further period for the payment thereof, not exceeding 6 months after the date of the notice of assessment, as the Collector thinks necessary and the additional tax imposed by section 206 of this Act on taxpayers in default shall not accrue until the expiry of the period so allowed.

When the Collector is satisfied that any person carrying on business in the Cook Islands (herein called the agent) is so far under the control of any other person carrying on business in the Cook Islands or elsewhere (herein called the principal) that the relation between them is in effect that of agent and principal, he may treat the first-mentioned business as that of the principal, and as being carried on by the agent on his behalf, and may require returns to be made, and may make assessments accordingly, and the principal and the agent shall be liable for income tax accordingly.

For the purposes of this Act, a mortgagee in possession of any land or other property shall be deemed to be the agent of the mortgagor in respect of any income derived by that mortgagee from that land or other property on behalf of or for the benefit of the mortgagor, and the mortgagee shall make returns and be assessable and liable for tax on that income accordingly.

Every person who, as guardian, committee, or otherwise, has the receipt, control, or disposition of any income derived by a person under any legal disability shall for the purposes of this Act be the agent of that person in respect of that income, and shall make returns and be asseasable and liable for income tax accordingly.

Every person who on the 31st day of December in any year has the control or management of any land, or the receipt, control, or disposal of the rents or profits thereof, on behalf of an owner of that land who is an absentee or is under any legal disability, shall for the purposes of this Act be the agent of the owner and shall make returns of those rents or profits received and be assessable and liable for income tax on those rents or profits accordingly.

(2) Where an original company within the meaning of this section has been wound up, its shareholders and directors at the commencement of its winding up shall respectively be deemed to be the shareholders and the persons having the control of the company for the purposes of this section.

(3) Where an original company was, when it ceased to carry on business in the Cook Islands, liable under this Act for any income tax or was liable to be assessed for any such tax, and that tax has not been paid, the new company shall, for the purposes of this Act, be deemed to be the agent of the original company and shall be liable for all tax payable by the original company. It shall also be liable for all tax for which the original company would have been liable if it had continued to carry on business in the Cook Islands.

Save as otherwise provided in sections 76 and 142 of this Act, every company which has issued debentures, whether charged on the property of the company or not, shall for the purposes of this Act be the agent of all debenture-holders, whether absentees or not, in respect of all income derived by them from those debentures, and shall make returns and be assessable and liable for income tax on that income accordingly.

(1) The duty to act as the agents of debenture-holders imposed on companies by section 141 of this Act shall not apply with respect to debentures issued to any person resident in the Cook Islands if the company that has issued the debentures has supplied to the Collector, before it has been assessed in any year for income tax in respect of the income derived from those debentures, a certified list specifying the number of the debentures or other particulars sufficient to identify them, the names, addresses, and descriptions of the persons to whom the debentures have been issued, the interest derived or derivable therefrom, and such other particulars as may be prescribed.

(2) Where any such list is supplied the person named therein as the holder of any debentures shall be personally responsible for the making of returns, and shall be assessable and liable for income tax (though not to the exclusion of any other person) in respect of the income derived from those debentures at the rate fixed in respect thereof, unless and until he satisfies the Collector, before he has been assessed for income tax in any year, that he has transferred or assigned the debentures, and has given notice to the Collector in the prescribed form of the name, address, and description of the transferee or assignee.

(3) Every person, being the transferee or assignee of any debentures, shall in like manner remain personally liable in respect thereof (though not to the exclusion of any other person) unless and until he has given notice to the Collector in the prescribed form of the transfer or assignment of the debentures.

(4) Any tax paid by the former holder of any debentures in respect of the income derived therefrom by a subsequent holder shall be deemed to be paid on behalf of that subsequent holder so far as it does not exceed the tax to which the subsequent holder might himself have been liable in respect of those debentures, and may be recovered by the former holder from the subsequent holder accordingly.

(1) This section applies with respect to any income tax that may hereafter become payable in respect of income received by or on behalf of any person as alimony or maintenance, pursuant to the order of any Court or pursuant to any deed or agreement (whether the order, deed, or agreement has been made or entered into before or after the commencement of this Act).

(2) In any case to which this section applies, the person bound by any such order, deed, or agreement to pay any money as alimony or as maintenance as aforesaid, shall, for the purpose of the payment of the income tax thereon, be deemed to be the agent of the person to whom or on whose behalf the money has been paid or is payable, and all the provisions of this Act as to the liability of agents shall apply with respect to him accordingly.

(3) It shall be no defence in any proceedings against an agent for the recovery of any income tax to which this section relates that any amount in respect of income tax has been paid by him to the person entitled to receive any money as alimony or maintenance.

Every person who in the Cook Islands carries on any business for and on behalf of a principal who is an absentee shall for the purposes of this Act be the agent of that principal in respect of all income derived by the principal through the business so carried on in the Cook Islands by means of that agent, and the agent shall make returns and be assessable and liable for income tax on that income accordingly, whether the income comes to the hands of the agent or not.

Every person who in the Cook Islands carries on business in partnership with an absentee shall for the purposes of this Act be the agent of that absentee in respect of his share of the income of the business, and shall make returns and be assessable and liable for income tax accordingly.

(1) When an absentee, by means of any ship or aircraft owned by him or under charter to him, carries on the business of the carriage of merchandise, mails, or passengers, the master of that ship, or the captain of that aircraft, as the case may be, shall (though not to the exclusion of any other agent) be the agent of that absentee for the purposes of this Act in respect of all assessable income so derived by the absentee, and shall be assessable and liable for income tax accordingly.

(2) Pending the payment of any tax assessed against such an absentee or against any person who is his agent for the purposes of this Act, the Collector of Customs shall, on the requisition of the Collector of Inland Revenue, withhold the clearance of the ship or aircraft in respect of which the tax is payable.

(1) Any tenant, mortgagor, or other person who transmits from the Cook Islands to any landlord, mortgagee, or other creditor, being an absentee, any rent, interest, or other money being income derived by that absentee from the Cook Islands, shall for the purposes of this Act be the agent of that absentee in respect of all money so transmitted by him at any time, and he shall in respect of all such money make returns and be assessable and liable for income tax accordingly.

(2) For the purposes of this section any money paid by or on account of a person resident in the Cook Islands from a fund situated out of the Cook Islands shall be deemed to be money transmitted by that person from the Cook Islands.

Every person who in the Cook Islands has the receipt, control, or disposal of any income derived by a principal who is an absentee shall for the purposes of this Act be the agent of the principal in respect of that income, and shall make returns and be assessable and liable for income tax on that income accordingly.

A Cook Islands company shall be the agent of all absentee shareholders and of all absentee holders of debentures to which section 76 or 77 of this Act applies, and the company shall make returns and be assessable accordingly on all income paid or credited by the company to any such shareholder or debenture-holder while he is an absentee.

Every banking company, and every other company, local or public authority, or other person, who in the course of business receives or holds money by way of deposit and allows interest thereon shall for the purposes of this Act be the agent of all depositors who are absentees; and shall make returns and be assessable and liable for income tax accordingly on any interest which is paid or credited to a depositor while he is an absentee, if that interest exceeds $100 in any year.

(1) Where any person in the Cook Islands enters into a contract of insurance or guarantee against loss; damage, or risk of any kind whatever (not being a contract of life insurance) with any insurer, and the insurer does not carry on business in the Cook Islands, the insurer shall be liable to income tax, at the rate set out in the First Schedule to this Act as being applicable to overseas insurance companies, on the amount of premium paid or payable by the first-mentioned person in respect of the contract.

(2) Where the amount of premium paid or payable in respect of any such contract is not disclosed, the amount shall be deemed to be the same amount as would be chargeable in respect of a similar contract of insurance or guarantee effected with a company carrying on business in the Cook Islands.

(3) Every person who enters into a contract of insurance or guarantee as aforesaid shall for the purposes of this Act be deemed to be the agent of the insurer with whom such contract is made, and shall make returns and be assessable and liable for income tax accordingly.

(4) Every person who exports any goods from the Cook Islands shall notify the Collector if the goods are insured, and, if so, the name and description of the person or company with whom the goods are insured, and the amount of the premium payable in respect thereof.

(1) The employer or the agent of the employer of every non-resident taxpayer shall, for the purposes of this Act, be the agent of such non-resident taxpayer in respect of the salary, wages, or other emoluments received by him, and shall make returns and be assessable and liable for income tax thereon accordingly.

(2) Where any such non-resident taxpayer has made default in the payment of any income tax payable by him in respect of his salary, wages, or other emoluments as aforesaid, the amount of that tax shall, on application by the Collector, be deducted by the employer or his agent from any salary, wages, or other emoluments thereafter to be paid, and shall be paid to the Collector on behalf of the taxpayer.

(3) Where any non-resident taxpayer is in receipt of any pension or annuity payable out of any superannuation fund established in the Cook Islands, any income tax that may become payable by the non-resident taxpayer in respect of the pension or annuity shall, on application by the Collector, be deducted from any instalment or instalments of the pension or annuity thereafter to be paid, and shall be paid to the Collector on behalf of the taxpayer.

(4) For the purposes of this section the term "non-resident taxpayer" means any person who, being liable for income tax in respect of salary, wages, or other emoluments derived from the Cook Islands, or in respect of any annuity or pension derived from the Cook Islands, has no fixed or permanent residence or place of abode in the Cook Islands.

Every non-resident trader shall for the purposes of this Act be the agent of all persons in his employment in the Cook Islands in respect of the salary, wages, or other emoluments received by them, and shall make returns and be assessable and liable for income tax thereon accordingly. The agent in the Cook Islands of a non-resident trader shall, for the purposes of this section, be under the same obligations as his principal.

When any person in the Cook Islands, on behalf of a principal who is resident in a country or territory outside the Cook Islands and is not resident in the Cook Islands, is instrumental in procuring the purchase from that principal of goods or merchandise which are in the Cook Islands or are to be imported into the Cook Islands in pursuance of or in consequence of that purchase, whether the contract of purchase is made in the Cook Islands or elsewhere, the principal shall in respect of the sale by him of the goods or merchandise be deemed to be carrying on business in the Cook Islands through the agency of that person; and the income derived from that business shall be deemed to be derived from the Cook Islands, in the same manner and to the same extent as if the contract had been made in the Cook Islands, and shall be assessable for income tax accordingly, and the agent shall make returns and pay tax accordingly.

TAX DEDUCTIONS BY EMPLOYERS FROM SALARY, WAGES, AND OTHER SOURCE DEDUCTION PAYMENTS

(1) This Part of this Act shall apply notwithstanding anything in any other Part of this Act.

(2) This Part of this Act shall apply to salary or wages for any period on or after the 1st day of January 1973, and to other source deduction payments which are paid or would normally be paid on or after that date, notwithstanding that any such other source deduction payment may as to the whole or any part thereof be for a period before that date.

(3) If any question is raised as to whether or not a source deduction payment is as to the whole or any part thereof subject to this Part of this Act, it shall, subject to any regulations made for the purposes of this Part of this Act, be determined by the Collector.

(4) It shall be a ground for objection under Part IV of this Act to an assessment of the amount of any tax deduction that any determination of the Collector made for the purposes of this section is erroneous in fact.

(1) For the purpose of enabling the collection of income tax from employees by instalments, where an employee receives a source deduction payment from an employer, the employer or other person by whom the payment is made shall, at the time of making the payment, make a tax deduction therefrom in accordance with this Part of this Act:

Provided that no tax deduction need be made from any source deduction payment made to any employee in respect of his employment as a private domestic worker or as a casual agricultural employee:

Provided also that if a tax deduction is not made by the employer in any such case section 171 of this Act shall apply to the employee.

(2) Where in the case of a regular full-time employment an employee receives salary or wages from any one employer for part only of the pay period, that salary or wages shall be deemed to be for the whole of the pay period.

(3) For the purposes of this section, where an employee receives salary or wages in respect of work performed by the employee as a piece worker or out-worker and the employee is paid on a production basis, that salary or wages shall be deemed to be for the period from the commencement of the performance of the work until the completion of the work.

(4) Where a source deduction payment for any pay period is paid in 2 or more separate sums, all sums so paid shall, for the purpose of calculating the amount of the tax deduction, be aggregated, and the employer may, at his option, make the tax deduction wholly from one sum or in part from each of any 2 or more sums:

Provided that where, by reason of the size or nature of the employer's business or organisation, the dispersal of employees, or difficulty in assembling particulars, or for any other reason approved by the Collector, it is impracticable for an employer to pay overtime pay for a pay period at the same time as the other salary or wages for the pay period, the overtime pay of any employee for the pay period may, for the purpose of calculating the amount of the tax deduction, be aggregated with the employee's salary or wages (other than overtime pay) for a subsequent pay period if, in respect of both pay periods, -

Provided also that, where it is the practice of an employer to pay overtime pay for an interval of time which is of the same length as a pay period of an employee but does not coincide with any such pay period, the overtime pay of the employee for any such interval may, for the purposes of the first proviso to this subsection, be deemed to be overtime pay for the pay period during which that interval ends, if the amounts of the employee's salary or wages (other than overtime pay) for that interval and for that pay period are substantially the same.

Where a source deduction payment, though not actually paid, is credited to or applied on account of any employee entitled thereto, the amount so credited or applied shall, for the purposes of this Part of this Act, be deemed to be paid when it is so credited or applied, and a tax deduction in respect thereof shall be made accordingly.

Where in respect of his employment an employee receives or enjoys a benefit referred to in paragraph (b) of subsection (2) of section 50 of this Act, or any other benefit in kind which is included in his salary or wages, or receives a payment by way of superannuation, pension, retiring allowance, or other allowances, or annuity which is included in salary or wages as defined in section 2 of this Act, the value of the benefit (whether in money or otherwise) or, as the case may be, the amount of the payment shall be deemed to accrue from day to day, and accordingly in each case the amount so accrued for any days in a pay period of the employee shall be deemed to be his salary or wages for the pay period, or, as the case may be, part of his salary or wages for the pay period.

Where an employee is a contributor to a superannuation fund, the amount of the salary or wages paid to the employee for a pay period shall, for the purpose of calculating the amount of the tax deduction, be deemed to be the residue of the payment of salary or wages after subtracting therefrom the amount of the regular current contributions made by the employee to the superannuation fund for that period.

(1) Where, at the time when a source deduction payment is made or deemed to be made, the amount of the source deduction payment available in money is less than the amount of the tax deduction, or there is no amount available in money, the employee shall forthwith pay to the employer the amount of the deficiency in the tax deduction or, as the case may be, the amount of the tax deduction, and every amount so paid on any date shall be deemed to be a tax deduction made by the employer on that date from the source deduction payment made or deemed to be made to the employee.

(2) If an employee makes default in paying to the employer any amount payable under this section, or any part of any such amount, the amount in respect of which default has been made shall be deemed for the purposes of section 171 of this Act to be a tax deduction that should have been made and was not made, and the provisions of that section shall apply accordingly.

(1) Subject to the provisions of this Act, every tax deduction shall be of such amount as may be fixed by an annual taxing Act:

Provided that for any period for which the amount of a tax deduction is not fixed by an annual taxing Act, the tax deduction shall be of such amount as is fixed by the basic tax deductions specified in the Second Schedule to this Act:

Provided also that where the amount of the tax deduction from a withholding payment is not fixed by an annual taxing Act or by the basic tax deductions, the tax deduction shall be of such amount as is fixed by regulations under the principal Act:

Provided further that where, by reason of the size of a source deduction payment or for any other reason, the amount of a tax deduction is not fixed by an annual taxing Act or by the basic tax deductions or by regulations, the tax deduction shall be of such amount as is fixed by the Collector, taking into account the same factors as have been taken into account in fixing the amounts of other tax deductions of a like nature.

(2) The annual taxing Act for any year may fix the amounts of tax deductions for periods throughout that year or during any part of that year or during any part of the next succeeding year, or indefinitely until the amounts are varied by a subsequent annual taxing Act.

(3) Except as otherwise provided in this Act, the amount of every tax deduction shall be the maximum amount for the time being in force having regard to the nature and amount of the source deduction payment:

Provided that where a reduced deduction applies to the employee the tax deduction shall be of an amount equal to the amount of the reduced deduction.

(1) For the purposes of this Part of this Act the tax code of any employee in relation to any source deduction payment shall be such one of the following codes as applies to the employee in respect of that source deduction payment in accordance with this section, namely:

(2) Subject to the provisions of this Act, where any employee desires that a reduced deduction shall apply to him (whether or not the same or any other reduced deduction has previously applied to him), he may deliver to his employer a tax code declaration in a form authorised by the Collector, and containing such particulars as the Collector requires in relation to the employee's dependants, and specifying the employee's tax code as determined by those particulars, and thereupon that tax code shall apply to the employee in accordance with this section.

(3) Where any employee considers that it is or will be undesirable or impracticable for him to deliver a tax code declaration to his employer, the employee may deliver the declaration to the Collector, and in any such case the Collector shall issue to the employee a tax code certificate addressed to the employer and specifying the employee's tax code as determined by the particulars contained in the declaration or as determined by the Collector under subsection (4) of this section. The employee may deliver that certificate to his employer, and thereupon that tax code shall apply to the employee in accordance with this section.

(4) Upon application by any employee who delivers a tax code declaration to the Collector under subsection (3) of this section, the Collector, in his discretion, may issue to the employee a tax code certificate addressed to the employer and specifying the employee's tax code as determined on the basis that some or all of the dependants included in the tax code declaration are not dependants of the employee, and thereupon that tax code shall apply to the employee in accordance with this section. In every such case an adjustment may be made under subsection (2) of section 175 of this Act.

(5) Except as otherwise provided in this Act, an employee who engages in more than one employment in any week ending with a Saturday shall not be entitled to have a reduced deduction applied to him in respect of more than one employment in that week, and shall not in that week deliver or maintain a tax code declaration or a tax code certificate in respect of more than one employment or otherwise obtain the benefit of a reduced deduction in respect of more than one employment:

Provided that, where in any such week the employee has left one regular full-time employment, the employee may in the same week, after leaving that employment, deliver a tax code declaration or a tax code certificate in respect of any other regular full-time employment.

(6) Where an employee has delivered a tax code declaration or a tax code certificate to his employer, the tax code shall, subject to the provisions of this Act, apply to the employee in respect of all source deduction payments made by the employee to the employee after the delivery of the declaration or certificate and before the tax code ceases in accordance with subsection (7) or subsection (8) of this section to apply to the employee:

Provided that, except in the case of salary or wages for the first pay period of a new employment of the employee, the tax code shall not apply in respect of the salary or wages for any pay period commencing before the date of the delivery of the declaration or certificate to the employer.

(7) Where a tax code applies to an employee on the last day of a year, the tax code shall not apply to the employee in respect of any source deduction payment made by the employer to the employee after that day, not being a payment of salary or wages for a pay period current on that day:

Provided that where there is no change in the dependants of the employee and the employee delivers a further tax code declaration or tax code certificate to the employer not later than 3 days after the 1st day of January in the next succeeding year, the tax code specified in that declaration or certificate shall be deemed to have commenced to apply to the employee immediately after the former tax code ceased to apply to him.

the tax code shall not apply to the employee in respect of any source deduction payment made by the employer to the employee after that date, not being a payment of salary or wages for a pay period current on that date:

Provided that where the employee delivers a further tax code declaration or tax code certificate to the employer not later than three days after the date of his giving the notice required by subsection (9) of this section, the tax code specified in that declaration or certificate shall be deemed to have commenced to apply to the employee immediately after the former tax code ceased to apply to him.

(9) Where a tax code ceases under subsection (8) of this section to apply to an employee by reason of any person ceasing to be a dependant of the employee, the employee shall, not later than 4 days after the date on which he became aware that that person had ceased to be a dependant, give notice in writing of that fact to the employer or (where the tax code declaration was delivered to the Collector) to the Collector, specifying the name of the dependant and the date on which he ceased to be a dependant. No employer or other person making a source deduction payment shall be liable for making a reduced deduction according to a tax code after it has ceased under subsection (8) of this section to apply to the employee but before the employer has received notice (whether under this subsection or otherwise) that the dependant has ceased to be a dependant of the employee.

(10) A reduced deduction applying to an employee in respect of his employment by any employer shall not apply to the employee in respect of his employment by any other employer, not being a successor of the first-mentioned employer in the same employment.

(11) The Collector may vary any of the requirements of this section in relation to any employee or class of employees in such cases and to such extent as he thinks fit, and in every such case this section shall apply as so varied.

(12) For the purposes of this Act a tax code declaration or tax code certificate which is delivered to an employer before the beginning of any year but is expressed to relate to that year shall be deemed to be delivered on the 1st day of January in that year.

(1) For the purpose of determining the tax code applicable to an employee the following provisions of this section shall apply.

(2) The spouse of the employee shall be deemed to be a dependant of the employee for the purposes of the tax code based on a tax code declaration which includes the spouse as a dependent if -

(3) A spouse who under subsection (2) of this section is a dependant of an employee for the purpose of any tax code shall cease to be such a dependant if and when, before the tax code ceases to apply to the employee, the employee knows of anticipates, or should have known or anticipated, that the income as aforesaid derived and to be derived by the spouse in the year aforesaid has exceeded or will exceed $200.

(4) A child (including a step-child or adopted child) shall be deemed to be a dependant of the employee for the purposes of the tax code based on a tax code declaration which includes the child as a dependant if -

(5) A child who under subsection (4) of this section is a dependant of an employed for the purposes of any tax code shall cease to be such a dependant if and when, before the tax code ceases to apply to the employee, any other person becomes entitled to a rebate under section 45 of this Act in respect of the child.

(6) Except as provided in the foregoing provisions of this section, no person shall be deemed to be a dependant of an employee.

Except as otherwise provided in this Act, where during any week ending with a Saturday an employee has engaged in more than one employment (whether with the same employer or with 2 or more employers), the amount of the total tax deduction required to be made in respect of all payments of salary or wages made to the employee for that week or any part thereof shall be deemed to be the amount of the tax deduction that would have been required to be made if all those payments had been one payment made by one employer for that week, and where that total tax deduction is not made in full section 171 of this Act shall apply accordingly:

Provided that, where the employee left one regular full-time employment before he engaged in another regular full-time employment, he shall not be deemed for the purposes of this section to have been engaged in both those employments in the one week:

Provided also that where the employee is employed as a casual labourer or a casual agricultural employee the salary or wages of the employee for that employment shall not be taken into account for the purposes of this section.

(1) Where the amount of the tax deduction to be made from any salary or wages is increased, and before the date of the increase an employee has received from an employer a payment of salary or wages to the whole or a part of which the increase applies, and the proper tax deduction, taking the increase into account as far as it applies, has not been made in full at the time of the payment, the amount of the deficiency shall be added to the tax deduction required to be made from the next payment of salary or wages made to the employee in the same employment, and the amount of the tax deduction so required to be made shall be deemed to be increased accordingly.

(2) Where any salary or wages become subject to tax deductions under this Part of this Act, and before the date of its becoming so subject an employee has received from an employer a payment of salary or wages of which the whole or a part is so subject, and the proper tax deduction has not been made in full at the time of the payment, the amount of the deficiency shall be added to the tax deduction required to be made from the next payment of salary or wages made to the employee in the same employment, and the amount of the tax deduction so required to be made shall be deemed to be increased accordingly.

(1) Notwithstanding anything to the contrary in this Part of this Act, this section shall apply where the amount of the tax deduction for the time being in force in relation to any payment of salary or wages is reduced or increased by an annual taxing Act or by an amendment made to the basic tax deductions.

(2) Where this section applies, the amount of the tax deduction to be made from a payment of salary or wages to an employee for a pay period current on the date on which an altered tax deduction commences to apply shall be as follows:

(3) Where this section applies and section 164 of this Act also applies, the amount of the total tax deduction required to be made in accordance with the last-mentioned section in respect of all payments of salary or wages made to an employee for a week current on the date on which an altered tax deduction commences to apply shall be calculated in accordance with the altered tax deduction:

Provided that where all the payments made to an employee for that week are for services rendered before that date, the amount of that total tax deduction shall be calculated in accordance with the tax deduction in force in the portion of the week in which the services were rendered.

(4) Where this section applies, and on or after the date on which an altered tax deduction commences to apply a payment of salary or wages is made to an employee,-

the amount of the tax deduction to be made or, as the case may be, the amount of the total tax deduction required to be made, shall be calculated in accordance with the tax deduction in force in that pay period or week.

(1) Notwithstanding anything in the foregoing provisions of this Part of this Act, the Collector may, in such circumstances and to such extent as he thinks fit, reduce the amount of the tax deduction required to be made from any source deduction payment that has been or will be made to any employee or class of employees, or may make such adjustment as in his opinion is equitable, for the purpose in either case of meeting the special circumstances of any case or class of cases, upon or subject to such terms and conditions as he in his discretion requires.

(2) In every such case the provisions of this Part of this Act shall apply as if they had been amended in accordance with the decisions or requirements of the Collector for the time being in force under this section.

(1) Where the Collector in any case thinks fit (whether by reason of the employee being employed in 2 or more employments, or being entitled to have any loss carried forward under section 74 of this Act, or by reason of any reduction under section 167 of this Act, or for any other reason), the Collector may issue to an employee a special tax code certificate under this section.

(2) A special tax code certificate may, as the Collector in his discretion thinks fit, do all or any of the following things:

(3) Where a special tax code certificate bearing the signature of the employee is produced to an employer at the time when he makes to the employee a payment to which the certificate relates, the provisions of the certificate in respect of that payment shall, subject to section 171 of this Act, apply notwithstanding anything in this Act.

(4) Where a special tax code certificate so produced to an employer provides for the making of a tax deduction from a specified proportionate part of any source deduction payment, the provisions of this Part of this Act as to tax deductions, other than this section and section 171 shall, so far as they are applicable, apply in respect of the specified proportionate part as if that part constituted the whole of the source deduction payment.

(6) Not later than 7 days after the Collector has given notice of the cancellation of a special tax code certificate to the employee named therein, the employee shall return the certificate to the Collector.

(1) Every employer who makes a source deduction payment to any employee shall keep a proper record in respect of the employee, showing the amount of the source deduction payment before making any tax deduction, and the amount of the tax deduction (if any) made therefrom, and shall enter those amounts in the record at the time of making the source deduction payment.

(2) Every employer shall take all reasonable precautions for the safe custody of all records that he is required to keep under this section and of all pay sheets and receipts for source deduction payments, and shall retain all such records, pay sheets, and receipts for not less than 7 years after the making of the payments to which they relate:

Provided that this subsection shall not require the retention of any records, pay sheets, or receipts in respect of which the Collector has notified the employer that retention is not required.

(1) Every employer who makes tax deductions from source deduction payments made to employees shall -

(2) Paragraph (e) of subsection (1) of this section shall not apply to any employer in respect of any tax deduction made otherwise than in the course of a business carried on by him from a source deduction payment for which there is no pay period or from a withholding payment. In every such case the employer shall, not later than the 20th day of the month next after the month in which the payment (if only one) or the final payment (in the case of 2 or more payments relating to the same services, contract, arrangement, dealing, or matter) was made, deliver to the Collector a signed copy of the tax deduction certificate delivered by him to the employee, and any tax code declaration or tax code certificate delivered to him by the employee, and shall also indicate on that copy of the tax deduction certificate that it is delivered under this subsection.

(3) The Collector may vary any of the requirements of this section in relation to any employer or class of employers in such cases and to such extent as he thinks fit, and in every such case this section shall apply as so varied.

(4) The executor or administrator of a deceased employer shall fulfil such of the obligations of the employer under this section as have not been fulfilled by the employer before his death.

Where for any reason a tax deduction is not made or is not made in full at the time of the making of any source deduction payment or payments, the employee shall -

(1) For the purposes of this Act an employee shall, subject to subsection (2) of this section, be deemed to be a pay-period taxpayer in respect of any year if in that year -

(2) Notwithstanding anything in subsection (1) of this section, any employee shall be deemed not to a pay-period taxpayer in respect of any year, if the Collector so decides upon the grounds that subsection (1) would not have applied to the employee for that year had not the income of the employee from source deduction payments been diminished by reason of the occurrence in the year of the retirement of the employee from employment or of some other event, including the employee's death, disability, or absence from the Cook Islands, causing the termination or suspension of his employment, and that -

(1) Notwithstanding anything in this Act, the amount of income tax for which a pay-period taxpayer to whom section 175 of this Act does not apply is liable in respect of the income derived by the taxpayer in any year shall be determined exclusively and finally by the total amount of the tax deductions required under this Part of this Act to be made from that income, except where the taxpayer has, not later than the end of the next succeeding year or within such further period as the Collector in his discretion may allow in any case or class of cases, furnished to the Collector a return of that income, in which case the amount of that income tax shall be the smaller of the following amounts:

(2) Except where a return of income is furnished for the purpose of having the amount of income tax in respect of the income for the year assessed in accordance with Part V of this Act a pay-period taxpayer to whom this section applies shall not furnish a return of income for the year unless he is required by the Collector so to do.

the Collector shall pay to the taxpayer the amount of that excess or, at the option of the Collector, credit that amount in payment of any tax due by the taxpayer and unpaid:

Provided that no payment shall be made or credit given under this section after the expiration of the period of 6 years immediately after the end of the year in which that income was derived, except where written application for the payment or credit is made by or on behalf of the taxpayer before the expiration of that period.

the taxpayer shall furnish to the Collector, at such time as the Collector may require, a return of the income derived by him in that year, and the amount of income tax for which the taxpayer is liable in respect of that income shall be the amount of income tax that is payable under an assessment made under Part V of this Act.

the amount of income tax for which the taxpayer is liable in respect of that income shall be the amount of income tax that is payable under an assessment made under Part V of this Act.

(1) Subject to section 173 of this Act, the amount of income tax for which an employee is liable in respect of the income derived by him in any income year shall be assessed under Part V of this Act:

(2) All income tax payable under any assessment made in accordance with subsection (1) of this section and not previously due and payable shall be due and payable on the 1st day of October in the year next succeeding the income year, or on such earlier date as is specified in that behalf in the notice of assessment given to the employee, not being less than 30 days after the date of the notice.

(1) Every employee who is required to furnish or who furnishes to the Collector a return of any assessable income derived by him in any income year shall, except where the Collector otherwise directs, forward to the Collector with the return all tax deduction certificates delivered to the employee in respect of tax deductions made in the income year from source deduction payments made to the employee.

(2) Where the Collector receives from an employee any tax deduction certificates in respect of tax deductions made in the income year from source deduction payments made to the employee, or receives the amount of any tax deduction so made and not included in any tax deduction certificate, and the Collector has made an assessment of income tax in respect of the income derived by the employee in the income year or is satisfied that no income tax is payable in respect of that income, the Collector shall credit the total of the amounts of the tax deductions (but not including any additional tax or penal tax) shown in the certificates, or received as aforesaid, in payment successively of-

and shall refund to the employee an amount equal to the amount of the tax deductions not so credited.

(3) If the amount credited by the Collector under paragraph (b) of subsection (2) of this section is less than the total of the income tax referred to in that paragraph, the Collector shall apply the amount so credited in payment, so far as the amount extends, of such income tax as the Collector determines.

(4) If the Collector has reason to believe that any tax deduction certificate received by him for the purposes of this section is incorrect in any particular, he may retain the certificate for such period as he thinks fit, and shall not deal with the certificate as required by the foregoing provisions of this section until he is satisfied that the certificate is correct.

(5) Where the Collector has credited in payment of income tax, or made a refund in respect of, an amount shown in a tax deduction certificate which is in excess of the amount that the employer has deducted from a source deduction payment to which the certificate relates, the employer and the employee shall be jointly and severally liable to pay to the Collector the amount of the excess, and that amount shall be deemed to have become due and payable on the 15th day of February in the year after the year to the whole or part of which the tax deduction certificate relates.

Where the Collector is satisfied that a tax deduction certificate has been lost or destroyed, and is satisfied as to the amount of the deductions shown in that certificate, the Collector shall apply section 177 of this Act in the same manner as if the certificate had been received by the Collector.

Where the Collector is satisfied that any employer has made any tax deduction from a source deduction payment made to an employee, and has failed to deliver to the employee within the prescribed time a tax deduction certificate in respect of the deduction, the Collector may apply section 177 of this Act in the same manner as if a tax deduction certificate showing the tax deduction had been delivered to the employee and received by the Collector.

(1) The amount of every tax deduction made under this Part of this Act shall be held in trust for the Crown; and any amount so held in trust shall not be property of the employer liable to execution, and, in the event of the bankruptcy or liquidation of the employer or of an assignment for the benefit of the employer's creditors, shall remain apart, and form no part of the estate in bankruptcy, liquidation, or assignment.

(2) Where a tax deduction has been made under this Part of this Act and the employer has failed to deal with the amount of the tax deduction or any part thereof in the manner required by subsection (1) of this section or the other provisions of this Part of this Act, the amount of the tax deduction for the time being unpaid to the Collector shall, in the application of the assets of the employer upon the bankruptcy or liquidation of the employer or upon an assignment for the benefit of the employer's creditors, rank, without limitation in amount and notwithstanding anything in any other Act, in order of priority immediately after preferential claims for wages or other sums payable to or on account of any servant or worker or apprentice or articled clerk, and in priority to all other claims.

(1) Where an employer fails to make any tax deduction in accordance with his obligations under this Part of this Act, the amount in respect of which default has been made shall constitute a debt payable by the employer to the Collector, and shall be deemed to have become due and payable to the Collector on the 20th day of the month next after the month in which payment of the source deduction payment was made.

(2) The right of the Collector to recover from the employer the amount in respect of which default has been made shall be in addition to any right of the Collector to recover that amount from the employee under this Part of this Act; and nothing in this Part of this Act shall be construed as preventing the Collector from taking such steps as he thinks fit to recover that amount from the employer and from the employee concurrently, or from recovering that amount wholly from the employer or from the employee or partly from the employer and partly from the employee.

(3) Where any amount, including a penalty, recoverable in accordance with this Part of this Act from the employee is in fact paid by the employer, the amount so paid may be recovered by the employer from the employee.

(1) Where an employer fails wholly or in part to make any tax deduction in accordance with his obligations under this Part of this Act, or is liable to pay any sum to the Collector under this Part of this Act, an amount equal to the total for the time being unpaid to the Collector in respect of that tax deduction or sum (including any additional tax or penal tax), and in respect of any judgment obtained therefor (including any costs, fees, or expenses included in the judgment or otherwise payable by the employer to the Collector in respect thereof) shall be a charge on all the real and personal property of the employer.

(2) Every charge created by this section shall be subject to all mortgages, charges, or encumbrances existing at the time of the creation of the charge, but, subject to the provisions of this section, shall have priority over all other mortgages, charges, or encumbrances. Notwithstanding anything in any other Act, if any property subject to the charge created by this section is also subject to a charge created by that other Act, the charges shall rank equally with each other unless by virtue of that Act the charge created thereby would be deferred to the charge created by this section.

(3) The Collector may register any charge on any property created by this section under any registration Act to which the property is subject by depositing with the appropriate Registrar a certificate under the hand of the Collector setting forth the description of the property charged and the amount payable; and in every such case the Registrar shall, without payment of any fee, register the certificate as if it were an instrument registrable under the registration Act.

(4) Upon the registration of any such certificate under any registration Act it shall be deemed to be actual notice to all persons of the existence and amount of the charge, and the charge shall have operation and priority accordingly in relation to the property that is subject to the charge and to the registration Act:

Provided that in so far as any mortgage that is registered in respect of that property before the registration of the charge secures any money that is advanced after written notice of the charge or of the registration of the charge has been given to the mortgagee, or to any solicitor for the time being acting for the mortgagee in respect of the mortgage, the charge shall have priority over the mortgage.

(5) When any registered charge has been satisfied, the Collector shall deposit with the appropriate Registrar a release of the charge, and the Registrar shall, without payment of any fee, register the release as if it were instrument registrable under the registration Act.

(6) Any charge created by this section which is registered against any property shall operate to secure any amount secured by any prior unregistered charge and unpaid at the time of the registration of the charge, and also to secure any amount secured by any charge coming into existence after the registration of the charge, to the intent that the registered charge shall operate to secure the total of all amounts for the time being owing by the employer wider all charges created by this section.

(7) If any amount constitutes by virtue of this section a charge on any property the High Court may make such order as it thinks fit, either for the sale of that property or any part thereof, or for the appointment of a receiver of the rents, profits, or income thereof, and for the payment of the amount of the charge and the costs of the Collector out of the proceeds of the sale or out of the rents, profits, or income.

(8) Where any property has been sold under any such order, the High Court may, on the application of the purchaser or the Collector, make an order vesting the property in the purchaser.

(9) Every such vesting order shall have the same effect as if all persons entitled to the property had been free from all disability and had duly executed all proper conveyances, transfers, and assignments of the property for such estate or interest as is specified in the order.

(1) Without limiting the application of section 221 of this Act, it is hereby declared that every person commits an offence against this Act who -

(2) Every person who commits an offence against paragraph (b) of subsection (1) of this section shall be liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding $200 or to both.

(3) For the purposes of paragraph (b) of subsection (1) of this section a tax deduction shall be deemed to have been made if and when payment is made of the net amount of any source deduction payment, and the amount of the tax deduction shall be deemed to have been applied for a purpose other than the payment thereof if the amount of the tax deduction is not duly paid to the Collector:

Provided that no person shall be convicted of an offence under paragraph (b) of subsection (1) of this section if he satisfies the Court that the amount of the tax deduction has been accounted for, and that his failure to account for it within the prescribed time was due to illness, accident, or other cause beyond his control.

that employer or other person shall be chargeable by way of penalty, in addition to any other penalty to which he may be liable, with an additional amount (hereinafter referred to as penal tax) not exceeding an amount equal to treble the amount in respect of which default has been made (hereinafter referred to as the deficient deduction).

(2) For the purposes of paragraph (b) of subsection (1) of this section a tax deduction shall be deemed to have been made if and when payment is made of the net amount of any source deduction payment, and the amount of the tax deduction shall be deemed to have been applied for a purpose other than the payment thereof if the amount of the tax deduction is not duly paid to the Collector:

Provided that no person shall be chargeable with penal tax under paragraph (b) of subsection (1) of this section if he satisfies the Collector that the amount of the tax deduction has been accounted for, and that his failure to account for it within the prescribed time was due to illness, accident, or other cause beyond his control.

(3) Penal tax imposed by this section shall for all purposes be deemed to be of the same nature as the deficient deduction, and shall be recoverable accordingly.

that employer or other person shall, unless the Collector is satisfied that he has not been guilty of wilful neglect or default, be liable, without conviction, in addition to any other penalty to which he may be liable, to a penalty equal to 10 percent of the amount in respect of which default has been made.

(2) For the purposes of paragraph (b) of sub-section (1) of this section a tax deduction shall be deemed to have been made if and when payment is made of the net amount of any source deduction payment.

(4) Subject to the provisions of this Part of this Act, the provisions of the other Parts of this Act shall apply with respect to the amount of every penalty imposed under this section as if it were additional tax under section 206 of this Act and as if the person liable to the penalty were the taxpayer.

Where a tax deduction is required to be made under the provisions of this Part of this Act, any agreement not to make the tax deduction in accordance with those provisions shall be void.

Where any amount has been deducted from a source deduction payment by way of tax deduction under this Part of this Act, the amount so deducted -

Subject to the provisions of this Part of this Act, the provisions of the other Parts of this Act shall apply with respect to every amount that any employer, employee, or other person is liable to account for or pay to the Collector under this Part of this Act as if the amount were income tax.

(1) Notwithstanding anything in any other Part of this Act, provisional tax shall be payable by all provisional taxpayers in accordance with this Part of this Act.

(2) For the purposes of this Act every person who in any income year derives assessable income otherwise than from source deduction payments shall be deemed to be a provisional taxpayer in respect of that year:

Provided that a provisional taxpayer shall be relieved from his obligation to pay provisional tax in respect of the income of any income year in any case where he did not derive in the income year preceding that income year any assessable income other than -

(3) This Part of this Act shall apply to the income of provisional taxpayers for the income year commencing on the 1st day of January 1973 and for every subsequent income year.

Every reference in this Part of this Act, other than in this section, to assessable income, or to income, or to income other than source deduction payments shall be read as not including income to which section 110 of this Act applies.

(1) Subject to this Part of this Act, the amount of provisional tax payable in respect of any income year by a provisional taxpayer shall be the amount of income tax assessable in respect of the income derived by the taxpayer in the base year in relation to that income year, after deducting from that amount the amount (if any) of any tax deductions or withholding tax made from any source deduction payments or withholding income included in the income derived in that base year.

(2) In any case where a provisional taxpayer in respect of any income year commenced during the base year in relation to that income year (or the accounting year of the taxpayer corresponding with the base year, where the taxpayer furnishes an annual return of income under section 9 of this Act for an accounting year ending with an annual balance date other than the 31st day of December) to derive income from any source, the amount of provisional tax payable in respect of the income derived in the income year shall be such amount as the Collector estimates would have been the income tax assessable in respect of the income derived in the base year if the taxpayer had commenced at the beginning of the base year to derive income from that source.

(3) In this section the expression "base year", in relation to any income year, means the income year immediately preceding that first-mentioned income year.

Where, in relation to any provisional taxpayer and to any income year, it appears to the Collector that -

the Collector may increase or reduce the amount of any provisional tax otherwise payable by the taxpayer or may make such adjustment as in his opinion is equitable, for the purpose in either case of meeting the special circumstances of any case or class of cases, upon and subject to such terms and conditions as he in his discretion requires.

Where an agent is liable to pay any amount of provisional tax in respect of the income of his principal, the provisional tax payable by the principal shall be reduced by that amount.

(1) The amount of provisional tax payable by a taxpayer in respect of the income of an income year shall, subject to adjustment by the Collector, be ascertained in the first place by the taxpayer to such extent and in such manner as may be prescribed in the annual return that he is required to furnish in that year of the income of the preceding year, or as may be prescribed by the Collector in such other manner as the Collector thinks fit

(2) If any provisional taxpayer makes default in furnishing the annual return that he is required to furnish in an income year of the income of the preceding year, or if the Collector is not satisfied with the return made by any provisional taxpayer, or if the Collector has reason to suppose that any person, although he has not made a return, is a provisional taxpayer, the Collector may estimate the amount that, in his opinion, ought to be the amount of the provisional tax for the income year and, save in so far as the taxpayer establishes by reason of the amendment of any assessment of income tax that the provisional tax so ascertained is excessive or that he is not chargeable with the provisional tax, the provisional tax so ascertained shall be the provisional tax payable by the taxpayer in respect of the income of the income year, and he shall be liable, or deemed to have been liable, to pay the provisional tax so ascertained in the manner and at the time or times (whether before or after the provisional tax is so ascertained) specified in a notice given to him by the Collector under subsection (3) of this section, having regard to the manner and time or times of payment and the amounts, of the instalments (if any) that would be applicable if the taxpayer had furnished an annual return within the time fixed therefor under section 15 of this Act or, as the case may be, if the Collector had been satisfied with the return furnished by the taxpayer.

(3) After the Collector has ascertained the amount of the provisional tax he may, where he considers it necessary or advisable to do so, give notice to the taxpayer of the amount of the provisional tax and of the amount of any instalment thereafter to be paid, but the omission to give any such notice shall not relieve the taxpayer from liability to pay on the due date thereof any instalment of the provisional tax required to be ascertained by the taxpayer under subsection (1) of this section.

(4) The ascertainment of the amount of any provisional tax by the Collector shall not be open to objection by the taxpayer under Part IV of this Act.

(1) Subject to this section, provisional tax payable by any taxpayer in respect of the income derived by him in any income year shall be payable in two equal instalments as follows:

(2) In any case where the Collector gives a notice to any taxpayer under subsection (3) of section 194 of this Act the amount of any instalment of provisional tax that is payable after the Collector has given such notice shall be the amount specified in that behalf in the notice.

(1) The provisions of subsection (2) of this section shall apply in every case where a provisional taxpayer is liable in an income year to furnish a return of the income derived by him in the preceding year (in this section referred to as the required return) and to pay instalments of provisional tax in respect of the income of the income year, and pursuant to an extension of time granted under subsection (3) of section 15 of this Act for furnishing the required return, he is not required to furnish, and does not furnish, the required return by the due date for payment of the first instalment of the provisional tax.

(2) The taxpayer, not later than the due date for payment of the first instalment of the provisional tax in respect of income derived in the income year, or within such further period as the Collector in his discretion may allow in any case or class of cases, shall furnish a return marked "Interim" in the prescribed form showing the estimated assessable income of the taxpayer for the preceding year and his calculation of the amount of the provisional tax which he would be liable to pay in respect of his income for that income year if that estimated amount of assessable income had been his actual assessable income for that preceding year and until the required return is furnished, that amount of provisional tax so calculated shall be deemed to be the provisional tax payable by the taxpayer for that income year.

(1) Where any taxpayer believes that the income derived by him (otherwise than from source deduction payments) in the income year will be less than the income so derived by him in the preceding year, the taxpayer may, before the expiration of 1 month after the due date for payment of any instalment of provisional tax, make an estimate of the amount of his assessable income for the income year and furnish to the Collector a statement showing the amount so estimated and the amount of the provisional tax payable in accordance with subsection (2) of this section:

Provided that the taxpayer may, at any time before the expiration of 1 month after the due date for payment of the final instalment of provisional tax, make one or more revised estimates of those amounts, and furnish to the Collector an amended statement or, as the case may be, amended statements, accordingly.

(2) Subject to subsection (3) of this section, where a taxpayer duly furnishes to the Collector, in accordance with subsection (1) of this section, a statement or, as the case may be, an amended or a further amended statement, the amount of assessable income estimated or, as the case may be, last re-estimated by the taxpayer under that subsection, shall, for the purposes of calculating the amount of provisional tax payable in respect of the income derived in the income year, be deemed to be the assessable income derived by him in the preceding year, and the amount of provisional tax payable for that income year shall be ascertained accordingly.

(3) Subject to the right of the taxpayer to re-estimate in accordance with the foregoing provisions of this section, where the Collector has reason to believe that the amount of any kind of income that will be or has, been derived by the taxpayer in the income year is greater than the amount of that kind of income as estimated by the taxpayer, the Collector (whose decision shall be final and conclusive) -

and the amount so calculated shall be the amount of provisional tax payable by the taxpayer in respect of the income of the income year.

(4) The respective amounts of income as estimated by the Collector under subsection (3) of this section shall not be greater than the corresponding amounts derived by the taxpayer in the year preceding the income year.

(1) Where, in respect of the income of any income year, any taxpayer has furnished -

the taxpayer shall, subject to subsection (3) of this section, be liable to pay to the Collector, by way of additional tax, an amount calculated in accordance with subsection (2) of this section, if the amount of assessable income estimated or, as the case may be, last re-estimated by the taxpayer under subsection (1) of section 197 of this Act is less than the assessable income derived by the taxpayer in the preceding year and is also less than 80 percent of the assessable income actually derived by the taxpayer in the income year.

(2) The amount of additional tax payable under this section shall be an amount equal to 10 percent of the amount by which -

(3) Where the Collector is satisfied that the taxpayer has become liable to pay additional tax under this section by reason of his income for any income year being affected by circumstances of which he was not aware when he furnished to the Collector a statement under subsection (1) of section 197 of this Act, or, where he furnished one or more amended statements, the last amended statement, the Collector may in his discretion remit the additional tax or any part thereof.

(4) Additional tax payable under this section shall for all purposes be deemed to be of the same nature as the income tax that is assessed to the taxpayer in respect of the income of the income year, and shall be recoverable accordingly.

(5) The Collector may, in respect of any person who is chargeable with additional tax under this section, make an assessment of that additional tax, and that person shall be liable to pay the additional tax so assessed, except so far as he establishes on objection that the assessment is excessive or that he is not chargeable with the additional tax so assessed.

(6) An assessment made under this section shall be subject to objection in the same manner as an assessment of income tax levied under section 41 of this Act, and the provisions of Part IV of this Act shall apply, so far as may be, to an objection to an assessment made under this section as if the terms "income tax" and "tax" used in that Part included additional tax under this section.

(7) Subject to subsections (5) and (6) of this section, the other provisions of this Act shall apply with respect to all additional tax payable under this section as if it were additional tax under section 206 of this Act.

(1) Where an alteration of the amount of provisional tax payable by any taxpayer is, in the opinion of the Collector, necessary, whether by reason of the amendment of any assessment of income tax or by the operation of subsection (3) of section 197 of this Act or, otherwise, the Collector may make the necessary alteration and shall give to the taxpayer notice in writing of the altered amount.

(2) If the amount of the provisional tax is increased, the additional amount payable in respect of any instalment of the provisional tax that became payable before the date of the notice shall become due and payable on a date to be specified in the notice, not being less than 30 days after the date of the notice.

(3) If the amount of the provisional tax is reduced, the Collector shall credit the amount overpaid in respect of any instalment of the provisional tax ln payment successively of -

and shall refund to the taxpayer an amount equal to the amount of the overpayment not so credited.

(4) If the amount credited by the Collector under paragraph (b) of subsection (3) of this section is less than the income tax referred to in that paragraph, the Collector shall apply the amount so credited in payment, so far as the amount extends, of such income tax as the Collector determines.

(1) Any taxpayer may at his option, at such time or times as he thinks fit, make voluntary payments to the Collector of such amounts as he thinks fit by way of additional provisional tax, being either -

(2) The penal provisions of this Act shall not apply to any additional provisional tax paid under this section.

(1) The amount of income tax for which a provisional taxpayer is liable in respect of the income derived by him in any income year shall be assessed under Part V of this Act.

(2) All income tax payable under any assessment made in accordance with subsection (1) of this section and not previously due and payable shall be due and payable on the 1st day of October in the year next succeeding the income year, or on such earlier date as is specified in that behalf in the notice of assessment given to the taxpayer, not being less than 30 days after the date of the notice.

(1) Where any provisional taxpayer has paid provisional tax in respect of any income year, and the Collector has made an assessment of income tax in respect of the income derived by the taxpayer in the income year or is satisfied that no income tax is payable in respect of that income, the Collector shall credit the amount of the provisional tax paid by the taxpayer (not including any additional tax or penal tax) in payment successively of -

and shall refund to the taxpayer an amount equal to the amount of the provisional tax not so credited.

(2) If the amount credited by the Collector under paragraph (b) of subsection (1) of this section is less than the income tax referred to in that paragraph, the Collector shall apply the amount so credited in payment, so far as the amount extends, of such income tax as the Collector determines.

Subject to the provisions of this Part of this Act; the other provisions of this Act shall apply with respect to every amount that any person is liable to pay to the Collector under this Part of this Act, whether as provisional tax or otherwise, as if the amount were income tax.

(1) Income tax shall, except where otherwise expressly made payable by any provision of this Act, be due and payable on the 1st day of October in the year for which the tax is payable or on such later date as may be fixed by the Collector in the said notice.

(2) In any case where a notice of assessment in respect of any year has not been issued, and the delay is, in the opinion of the Collector, due to any neglect, default, or omission of the taxpayer, then the Collector, when issuing the notice of assessment, may fix a date which may be before the date of issue of the assessment, which shall be considered to be the date on which the tax payable under that assessment became due and payable.

Payment of taxes and other money payable under this Act shall be effected at the office of the Inland Revenue Department or at the office of any Resident Agent or Clerk in Charge.

(1) Subject to this section, if any tax remains unpaid at the expiration of 1 month after the due date thereof, (whether already assessed or not) or after the date of demand, as the case may be, 10 percent on the amount of the tax unpaid shall be and be deemed to be added thereto by way of additional tax, and shall be payable accordingly.

(2) In any case in which an assessment is increased after the due date of the tax, and the Collector is satisfied that the taxpayer has not been guilty of wilful neglect or default in making due and complete returns for the purposes of that tax, the Collector shall, in his notice to the taxpayer of the assessment or amended assessment, or in any subsequent notice, fix a new date for the payment of the tax, or of the increase, as the case may be, and the date so fixed shall be deemed to be the due date of that tax or increase for the purposes of subsection (1) of this section.

(3) Where the taxpayer is resident beyond the Cook Islands and has no agent in the Cook Islands the Collector shall, before charging the additional tax as aforesaid, grant such further time, not exceeding 6 months after the due date of the tax, as he may deem necessary.

All unpaid tax shall be recoverable by the Collector on behalf of the Crown by suit in his official name as a debt, whatever the amount involved, in the High Court.

(1) Where any taxpayer has made default in the payment of any income tax payable by him for any year of assessment, the Collector may from time to time by notice in writing require any person to deduct from any amount payable or to become payable by that person to the taxpayer such sum as may be specified in the notice, and to pay every sum so deducted to the Collector to the credit of the taxpayer within such time as may be specified in the notice.

(3) Where any notice under this section relates to any wages or salary, the sums required to be deducted therefrom shall be computed so as not to exceed a deduction each week greater than 5 percent of the tax due and payable by the taxpayer at the date of the notice, or an amount equal to 20 percent of the wages or salary, whichever is the less.

(4) Any notice under this section may be at any time revoked by the Collector by a subsequent notice to the person to where the original notice was given (hereinafter in this section referred to as the debtor), and shall be so revoked at the request of the taxpayer at any time when the Collector is satisfied that all income tax then due and payable by the taxpayer has been paid, and that the Collector holds to the credit of the taxpayer an amount not less than the amount of the income tax, (if any) to become due and payable by him during the then current year of assessment.

(5) A copy of every notice given under this section in respect of any taxpayer and of the revocation of any such notice shall be given to the taxpayer by the Collector.

(6) Whenever pursuant to a notice under this section any deduction is made from any amount payable to any taxpayer, the taxpayer shall be entitled to receive from the debtor a statement in writing of the fact of the deduction and of the purpose for which it was made.

(7) The sum deducted from any amount pursuant to a notice under this section shall be deemed to be held in trust for the Crown, and, without prejudice to any other remedies against the debtor or any other person, shall be recoverable in the same manner in all respects as if it were income tax payable by the debtor.

(8) Every person commits an offence and shall be liable on conviction to a fine not exceeding $200 who -

In any action in the High Court for the recovery of tax, if the defendant is absent from the Cook Islands or cannot after reasonable inquiry be found, service of the summons may with the leave of a Judge be effected by posting a duplicate or sealed copy thereof in a letter addressed to the defendant at his present or last known place of abode or business, whether in the Cook Islands or elsewhere.

In an action in any Court for the recovery of tax it shall be sufficient if the particulars of claim or demand state the amount sought to be recovered and the date on which same became payable, and such further particulars (if any) as the Collector thinks necessary in order fully to inform the defendant of the nature of the claim.

In any action in the High Court for the recovery of tax, the Collector may, if he thinks fit, appear by some officer in the Cook Islands Public Service, and the certificate in writing of the Collector stating that any person so appearing is such an officer and that that person appears for the Collector shall be sufficient evidence of the facts so stated and of that person's authority in that behalf.

In all proceedings in any Court for the recovery of tax, costs may be awarded to or against the Collector in the same manner as in other cases, but all costs so awarded against the Collector shall be payable out of money appropriated by Legislative Assembly and not otherwise.

No action instituted by the Collector for the recovery of tax, and no proceedings on objection to an assessment of tax, shall abate by reason of any vacancy in the office of Collector, or shall be deemed defectively constituted by reason of any change in the holder of that office, and every such action or proceeding shall be continued in the ordinary course as if the Collector and his successors in office were a corporation sole.

Nothing in this Act shall be so construed as to limit or affect the operation of the Crown Proceedings Act 1950, and all rights and remedies conferred upon the Crown in respect of the Government of the Cook Islands by that Act and by this Act shall coexist and may be exercised independently of one another, and tax may be recovered accordingly.

Every person who in pursuance of this Act pays any tax for or on behalf of any other person shall be entitled to recover the amount so paid from that other person as a debt, or to retain or deduct that amount out of or from any money which is or becomes payable by him to that other person; and if he has paid the tax as mortgagee, then, until repaid, it shall be deemed to form part of the money secured by the mortgage, and shall bear interest at the same rate accordingly.

(1) Upon the application of any person about to leave the Cook Islands, if the Collector is satisfied -

the Collector shall issue a certificate to the effect that that person is not under any liability for income tax requiring to be discharged before he leaves the Cook Islands.

(2) Every certificate under this section shall remain in force for such period or until such date as may be specified in that behalf in the certificate.

(3) No ticket or other authority to travel from the Cook Islands by any ship or aircraft shall be issued to or in respect of any person by the owner or charterer, or by any representative or employee of the owner or charterer of the ship or aircraft, nor shall any person be permitted to sign on or be engaged as a member of the crew of any ship or aircraft leaving the Cook Islands, unless and until a certificate issued under this section in respect of that person, and not expiring before the date of the departure of the ship or aircraft from the Cook Islands, is presented to the owner or charterer or to his representative or employee.

(4) On the first working day after the departure of any ship or aircraft from any port or place at which it takes on board passengers or crew for any destination beyond the Cook Islands, the owner or charterer of the ship or aircraft or the representative or employee of the owner or charterer at that port or place shall deliver or forward by post to the Collector all certificates so presented by persons travelling by the ship or aircraft, together with a list showing the name and last known address in the Cook Islands of every person who so travelled (not including, unless the Collector in any case otherwise requires, any member of the crew of or staff of the ship or aircraft not signing on or being engaged as a member of the crew at that port or place).

(5) If any person travels from the Cook Islands by any ship or aircraft pursuant to a ticket or other authority issued at any port or place or signs on or is engaged as a member of the crew in contravention of this section, the owner or charterer and the representative or employee (if any) of the owner or charterer at that port or place shall be personally liable, jointly and severally, to pay the amount of income tax (if any) that is or may become due and payable by that person in respect of income derived in the income year in which he leaves the Cook Islands or in any earlier year.

(6) Every person who acts in contravention of or fails to comply with the provisions of this section or who makes a false declaration or furnishes false information for the purpose of obtaining a certificate or who having obtained a certificate transfers it to any other person commits an offence against this Act.

(1) In any case where the Collector is satisfied that tax has been paid in excess of the amount properly payable he shall advise the person concerned of the excess payment and shall refund the amount paid in excess if written application for the refund is made by or on behalf of the taxpayer -

(2) In any case where an assessment has been altered so as to increase the amount of tax payable and the Collector is satisfied that by reason of that alteration tax has been paid in excess of the amount properly payable, he shall advise the person concerned of the excess payment and shall refund the amount so paid in excess by reason of that alteration if written application for the refund is made by or on behalf of the taxpayer within 6 years after the end of the year in which the alteration was made, notwithststanding that the application may be made after the time allowed by subsection (1) of this section.

Notwithstanding anything in this Act, the Collector may, in his discretion, refrain from either issuing a notice of assessment or collecting or refunding tax in any case where, as the case may be, -

(1) On application for relief made in writing by or on behalf of any taxpayer who (whether before or after the commencement of this Act) has become liable for the payment of any additional tax under section 206 of this Act, the Collector, if having regard to the circumstances of the case he thinks it equitable so to do, may, subject to the provisions of this section, grant relief to the taxpayer -

(2) No amount of tax in excess of $200 shall be remitted or refunded under this section except with the approval of the Minister.

he may, subject to the provisions of this section, release the taxpayer or the executor or administrator of the deceased taxpayer, as the case may be, wholly or in part from his liability, and may make such alterations in the assessment as are necessary for that purpose; and may, if the tax as previously assessed or any part thereof has been already paid, refund any tax paid in excess of the amount of the assessment as altered pursuant to this section.

(2) No amount of tax in excess of $200 shall be remitted or refunded under this section except with the approval of the Minister.

(2) Every person who commits an offence against this Act for which no other penalty is prescribed shall be liable to a fine not exceeding $200 and not less than $5.

(3) In any proceedings against a person for refusing or failing to furnish any return or information as and when required by this Act or by the Collector, a certificate in writing signed by the Collector certifying that the return or information so required has not been received from that person at the place where or by the person to whom the return or information should have been furnished shall, in the absence of proof to the contrary, be sufficient evidence that the defendant has refused or failed to furnish the return or information.

All proceedings for offences against this Act shall be taken by way of prosecution in the High Court and only upon the information of the Collector, or of some person authorised in writing by the Collector in that behalf; and the signature of the Collector to any warrant of authority under this section shall be judicially noticed.

Notwithstanding anything in any other Act or Ordinance any information in respect of any offence against this Act may be laid at any time within 10 years after the termination of the year in which the offence was committed.

If any taxpayer evades, or attempts to evade, or does any act with intent to evade, or makes default in, the performance of any duty imposed upon him by this Act or any regulations thereunder with intent to evade, the assessment or payment of any sum which is or may became chargeable against him by way of tax (which sum is hereinafter referred to as the deficient tax) he shall be chargeable, by way of penalty for that offence, with additional tax (hereinafter called penal tax) not exceeding an amount equal to treble the amount of the deficient tax.

Subject to the provisions of this Part of this Act, penal tax shall for all purposes be deemed to be tax of the same nature as the deficient tax, and shall be deemed to be payable in and for the same year of assessment as the deficient tax.

(1) The penal tax shall be assessed by the Collector in the same manner, so far as may be, as the deficient tax, but separately therefrom.

(2) An assessment of penal tax may be amended from time to time in the same manner as any other assessment.

(3) No assessment of penal tax shall be made or increased at any time after the expiration of 10 years after the year of assessment of the deficient tax.

(1) Any assessment of penal tax shall be subject, in the same manner as any other assessment of tax, to objection on the ground that the person so assessed is not chargeable with penal tax, or on the ground that the amount so assessed is excessive having regard to the nature and degree of the offence or to the reason for the imposition of the penal tax, and notwithstanding that the amount so assessed is not in excess of treble the amount of the deficient tax.

An assessment of penal tax may be made and the tax so assessed shall be recoverable at any time, whether before or after the deficient tax has been assessed or has become assessable or payable or has been paid.

(1) Penal tax shall be assessable against and recoverable from the executors or administrators of a deceased taxpayer, but, if so assessed, the amount thereof shall be recoverable only as a debt incurred by the deceased in his lifetime.

(2) No penal tax shall be recoverable from any person other than the taxpayer himself, or his executors or administrators.

The assessment or recovery of penal tax in respect of any offence shall not be in any manner barred or affected by the fact that the taxpayer has been convicted under this Act of the same or any other offence; but no person who has paid the penal tax assessed against him for any offence shall be thereafter convicted of the same offence.

(1) Subject to subsection (2) of this section every person carrying on business or deriving income other than salary or wages shall keep sufficient records in the English or Maori language to enable his assessable income and allowable deductions to be readily ascertained by the Collector or any officer authorised by him in that behalf, and shall retain all such records so kept and all records relating to the business in existence at the date of the passing of this Act for a period of at least 10 years after the completion of the transactions, acts, or operations to which they relate.

(3) For the purposes of this section the term "records" includes books of account, recording receipts or payments or income or expenditure or purchases or sales, and also includes vouchers, invoices, receipts, and such other documents as are necessary to verify the entries in any such books of account and, in the case of an agent, records of all transactions carried out on behalf of his principal.

(4) Every person who fails to comply with this section commits an offence against this Act.

(1) Notwithstanding anything in any other Act, the Collector or any officer of the Department authorised by him in that behalf shall at all times have full and free access to all books and documents, whether in the custody or under the control of a public officer or a body corporate or any other person whomsoever, for the purpose of inspecting any books and documents which the Collector or officer considers necessary or relevant for the purpose of collecting any tax or duty which the Collector is authorised to collect, or considers likely to provide any information otherwise required for any such purpose, and may, without fee or reward, make extracts from or copies of any such books or documents.

(2) The Collector or any officer of the Department authorised by him in that behalf, may for the purpose of any investigation under this section require the owner or manager of any property or business to give him all reasonable assistance in the investigation, and to answer all proper questions relating to any such investigation either orally, or, if the Collector or officer so requires, in writing, or by statutory declaration, and for that purpose may require the owner or manager or, in the case of a company, any officer of the company to attend at the premises with him.

(1) Every person (including any officer employed in or in connection with any Department of the Government or by any public authority, and any other public officer) shall, if required by the Collector or by any officer of the Department authorised by him in that behalf, furnish in writing any information and produce any books and documents which the Collector or officer considers necessary or relevant for any purpose relating to the administration or enforcement of this Act or any other Act administered by the Collector, and which may be in the knowledge, possession, or control of that person.

(2) Without limiting the foregoing provisions of this section, it is hereby declared that the information in writing which may be required under this section shall include lists of shareholders of companies, with the amount of capital contributed by and dividends paid to each shareholder, copies of balance sheets and of profit and loss accounts, and other accounts and statements of assets and liabilities of any person.

(3) The Collector or any officer of the Department authorised by him in that behalf may require that any written information or particulars furnished under this section shall be verified by statutory declaration or otherwise.

(1) In any case in which the Collector deems it necessary to hold an inquiry for the purpose of obtaining any information with respect to the liability of any person for any tax or duty which the Collector is authorised to collect or any other information required for the purposes of the administration or enforcement of this Act or any other Act administered by the Collector, he may apply in writing to a Judge or Commissioner of the High Court to hold an enquiry under this section.

(2) For the purposes of any such inquiry, the Judge or Commissioner of the High Court may summon before him and examine on oath touching any matter which is relevant to the subject matter of the inquiry, all persons whom the Collector or any other person interested requires to be so called and examined.

(3) The Judge or Commissioner of the High Court shall have all such jurisdiction and authority touching the summoning and examination of any such person as he would have in respect of a witness in a civil action within his ordinary jurisdiction, and the person so summoned and examined shall, subject to this Act, have all such rights and be subject to all such liabilities as he would have and be subject to if he were such a witness as aforesaid.

(4) The Collector and every person who is interested in the subject matter of the inquiry may be represented by a barrister or solicitor, or, with the leave of the Court, by any other person, who may examine, cross-examine, and re-examine, in accordance with the ordinary practice, any person so summoned:

Provided that every person so summoned may be cross-examined by the Collector or by the Collector's barrister or solicitor.

(6) The statement of every person so examined shall be taken down in writing, and signed by him in the presence of the Judge or Commissioner of the High Court, and delivered to the Collector, and shall not form part of the records of the Court.

(7) No person summoned or examined under this section shall be excused from answering any question on the ground that the answer may incriminate him or render him liable to any penalty or forfeiture.

(8) No statement made by any such person in answer to any question put to him shall in criminal proceedings be admissible in evidence against him, except upon a charge of perjury against him in respect of his testimony upon that examination.

(9) A person summoned under this section may receive such sum on account of travelling expenses and loss of time as the Judge or Commissioner of the High Court thinks reasonable and orders accordingly.

(1) The Collector may, for the purpose of obtaining any information with respect to the liability of any person for any tax or duty which the Collector is authorised to collect or any other information required for the purposes of the administration or enforcement of any Act administered by the Collector, by notice in writing, require any person to attend and give evidence before his or before any officer of the Department authorised by him in that behalf and to produce all books and documents in the custody or under the control of that person which contain or which the Collector or the authorised officer considers likely to contain any such information.

(2) The Collector may require any such evidence to be given on oath and either orally or in writing, and for that purpose he or the officer authorised as aforesaid may administer an oath.

(3) If any person required to give evidence under this section refuses or wilfully neglects to appear before the Collector or authorised officer or to take an oath as witness or if any person being sworn as a witness at any such inquiry refuses or wilfully neglects to answer any question put to him touching the subject matter of the inquiry or to produce to the Collector or authorised officer any such document as aforesaid, that person shall be liable on conviction to a fine not exceeding $200.

(4) If any person wilfully gives false evidence at any inquiry under this section he shall be guilty of perjury within the meaning of the Crimes Act 1968.

(5) A person required to attend before the Collector or an authorised officer may receive such sum on account of travelling expenses and loss of time as the Collector thinks reasonable and orders accordingly.

(1) Every person commits an offence who, in relation to sections 232 to 235 of this Act, -

(2) Every person who commits an offence under subsection (1) of this section for which no other penalty is prescribed shall be liable on conviction to a fine not exceeding $100.

Every person shall from time to time, as required by the Collector, make a return of all persons employed by him during any year, and of all salaries, wages, allowances, and other emoluments received during that year by each person so employed.

Every bank, local or public authority, or other company or person who in the course of business holds money by way of deposit and allows interest thereon shall from time to time, as required by the Collector, make a return of all interest so allowed during the year or other period to which the requisition of the Collector relates, together with the names, addresses, and occupations of the persons to whom such interest has been allowed.

Every company or local or public authority shall from time to time, as required by the Collector, make a return giving such particulars as the Collector requires relative to debentures issued by that company or local or public authority, the holders thereof, and the interest paid or payable thereon.

Notwithstanding anything elsewhere in this Act, where any person within the Cook Islands is residing temporarily or permanently on some island other than the Island of Rarotonga, and by reason of a lack of or a delay in air and sea communication between that island and the Island of Rarotonga, is unable to assert his rights or to fulfil his obligations under this Act within the proper time, then the Collector shall have power to grant the said taxpayer such further extension or extensions of time as the Collector may deem necessary.

(1) The Collector shall as soon as practicable after the 31st day of December in each year furnish to the Minister a report on the administration of this Act for the year ending on that date.

(2) A copy of the report shall be laid before the Legislative Assembly within 28 days after it has been furnished to the Minister if the Legislative Assembly is then in session and, if not, shall be laid before the Legislative Assembly within 28 days after the commencement of the next ensuing session.

(1) The High Commissioner may from time to time, by Order in Executive Council, make all such regulations as, in his opinion, may be deemed necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

(2) Without limiting the general power to make regulations conferred by subsection (1) of this section, it is hereby declared that regulations may be made under this section for all or any of the following purposes:

(3) All regulations made under this section shall be laid before the Legislative Assembly within 28 days after the making thereof, if the Legislative Assembly is then in session, and if not, shall be laid before the Legislative Assembly within 28 days after the commencement of the next ensuing session.

Except as otherwise provided herein, this Act shall apply with respect to the tax for the income year commencing on the date of the commencement of this Act and for every subsequent year.

(1) The enactments specified in the Fourth Schedule to this Act are hereby repealed.

(2) The Cook Islands Pearl-Shell Export Duty Regulations 1950 (Serial No. 1950/51) are hereby revoked.

(3) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or anything whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

(4) For all purposes whatsoever in respect of any tax or duty which at the commencement of this Act has been already assessed or paid or is still assessable or payable in or for the year ending with the 31st day of December 1972 or in or for any previous year, in accordance with the provisions of any enactment hereby repealed or regulation hereby revoked, that enactment or as the case may be, that regulation; and all the provisions thereof, including its penal provisions, and other acts of authority originating thereunder, shall, notwithstanding the repeal or, as the case may be, revocation thereof, be deemed to remain in full force and effect; and all proceedings under any such enactment or regulation, including proceedings for the recovery of any fine or penalty in respect of any offence committed, whether before or after the commencement of this Act, may be instituted or continued accordingly as if the enactment concerned had not been repealed or, as the case may be, that regulation had not been revoked.

(5) All proceedings in respect of offences committed or alleged to be committed before the commencement of this Act against any enactment hereby repealed or regulation hereby revoked may be instituted or continued as if this Act had not been passed.

(2) Notwithstanding anything in this Act or in any former Act, every transitional taxpayer shall be entitled to pay transitional income tax in 2 equal instalments as follows:

On income derived from debentures issued by a company on terms providing for the payment of income tax by the company, as provided in section 61 of this Act, the basic rate of income tax for every $1 of the taxable income shall be 35c.

On all income assessable to an overseas insurance company under sections 80 and 151 of this Act the basic rate of income tax for every $1 of that income shall be 5c.

The basic rate of tax on all income assessable to a company (not being income included in any other clause of this Part of this Schedule) shall be -

In the case of all taxpayers other than companies, the basic rate of tax for every $1 of the taxable income shall be the effective rate of tax ascertained by calculating tax on that taxable income in accordance with the rates of tax specified in Part B of this Schedule and dividing the tax so calculated by the number of dollars included in that taxable income.

On the amount of a bonus issue assessable to a company under Part VIII of this Act, the basic rate of bonus issue tax for every $1 of that amount shall be 15c.

In any case where section 159 of this Act applies, the amount of any payment of salary or wages shall, for the purposes of this Schedule, be calculated in accordance with that section.

From every payment of salary or wages not included in clause 5 or clause 6 of this Schedule, where the payment is for a weekly pay period, the basic tax deduction shall be the appropriate amount specified in Appendix A to this Schedule, according to the amount of the payment and the employee's tax code.

From every payment of salary or wages not included in clause 5 or clause 6 of this Schedule, where the payment is for a pay period longer than a week, the basic tax deduction shall be the amount that is ascertained -

From every payment of salary or wages not included in clause 5 or clause 6 of this Schedule, where neither clause 2 nor clause 3 of this Schedule applies, the basic tax deduction shall, in respect of so much of the payment as is for the services of the employee during any week ending with a Saturday (calculated in accordance with section 164 of this Act where that section applies), be the amount of the tax deduction that would be made under clause 2 of this Schedule if the payment or, as the case may be, the part of the payment were for a weekly pay period ending with that Saturday.

(2) From every payment of salary or wages for a secondary employment the basic tax deduction shall be an amount calculated on the amount of the payment at the rate of 1c. for every 20c. or part thereof.

From every payment of salary or wages for employment as a casual labourer the basic tax deduction shall be an amount calculated at the rate of 1c. for every 20c. of so much of the payment as does not exceed $10.

From every payment of an extra emolument the basic tax deduction shall be an amount calculated on the amount of the payment at the rate of 1c for every 20c. or part thereof.

INCOME	S	M/SD	MD	NO DECLARATION
0.10	0.00	0.00	0.00	0.01
0.20	0.00	0.00	0.00	0.02
0.30	0.01	0.01	0.00	0.03
0.40	0.01	0.01	0.01	0.04
0.50	0.02	0.02	0.01	0.05
0.60	0.02	0.02	0.01	0.06
0.70	0.03	0.02	0.02	0.07
0.80	0.03	0.03	0.02	0.08
0.90	0.04	0.03	0.02	0.09
1.00	0.05	0.04	0.03	0.10
1.10	0.05	0.04	0.03	0.11
1.20	0.05	0.04	0.03	0.12
1.30	0.06	0.05	0.03	0.13
1.40	0.06	0.05	0.04	0.14
1.50	0.07	0.06	0.04	0.15
1.60	0.07	0.06	0.04	0.16
1.70	0.08	0.06	0.05	0.17
1.80	0.08	0.07	0.05	0.18
1.90	0.09	0.07	0.05	0.19
2.00	0.10	0.08	0.06	0.20
2.10	0.10	0.08	0.06	0.21
2.20	0.10	0.08	0.06	0.22
2.30	0.11	0.09	0.06	0.23
2.40	0.11	0.09	0.07	0.24
2.50	0.12	0.10	0.07	0.25
2.60	0.12	0.10	0.07	0.26
2.70	0.13	0.10	0.08	0.27
2.80	0.13	0.11	0.08	0.28
2.90	0.14	0.11	0.08	0.29
3.00	0.15	0.12	0.09	0.30
3.10	0.15	0.12	0.09	0.31
3.20	0.15	0.12	0.09	0.32
3.30	0.16	0.13	0.09	0.33
3.40	0.16	0.13	0.10	0.34
3.50	0.17	0.14	0.10	0.35
3.60	0.17	0.14	0.10	0.36
3.70	0.18	0.14	0.11	0.37
3.80	0.18	0.15	0.11	0.38
3.90	0.19	0.15	0.11	0.39
4.00	0.20	0.16	0.12	0.40
4.10	0.20	0.16	0.12	0.41
4.20	0.20	0.16	0.12	0.42
4.30	0.21	0.17	0.12	0.43
4.40	0.21	0.17	0.13	0.44
4.50	0.22	0.18	0.13	0.45
4.60	0.22	0.18	0.13	0.46
4.70	0.23	0.18	0.14	0.47
4.80	0.23	0.19	0.14	0.48
4.90	0.24	0.19	0.14	0.49
5.00	0.25	0.20	0.15	0.50
5.10	0.25	0.20	0.15	0.51
5.20	0.25	0.20	0.15	0.52
5.30	0.26	0.21	0.15	0.53
5.40	0.26	0.21	0.16	0.54
5.50	0.27	0.22	0.16	0.55
5.60	0.27	0.22	0.16	0.56
5.70	0.28	0.22	0.17	0.57
5.80	0.28	0.23	0.17	0.58
5.90	0.29	0.23	0.17	0.59
6.00	0.30	0.24	0.18	0.60
6.10	0.30	0.24	0.18	0.61
6.20	0.30	0.24	0.18	0.62
6.30	0.31	0.25	0.18	0.63
6.40	0.31	0.25	0.19	0.64
6.50	0.32	0.26	0.19	0.65
6.60	0.32	0.26	0.19	0.66
6.70	0.33	0.26	0.20	0.67
6.80	0.33	0.27	0.20	0.68
6.90	0.34	0.27	0.20	0.69
7.00	0.35	0.28	0.21	0.70
7.10	0.35	0.28	0.21	0.71
7.20	0.35	0.28	0.21	0.72
7.30	0.36	0.29	0.21	0.73
7.40	0.36	0.29	0.22	0.74
7.50	0.37	0.30	0.22	0.75
7.60	0.37	0.30	0.22	0.76
7.70	0.38	0.30	0.23	0.77
7.80	0.38	0.31	0.23	0.78
7.90	0.39	0.31	0.23	0.79
8.00	0.40	0.32	0.24	0.80
8.10	0.40	0.32	0.24	0.81
8.20	0.40	0.32	0.24	0.82
8.30	0.41	0.33	0.24	0.83
8.40	0.41	0.33	0.25	0.84
8.50	0.42	0.34	0.25	0.85
8.60	0.42	0.34	0.25	0.86
8.70	0.43	0.34	0.26	0.87
8.80	0.43	0.35	0.26	0.88
8.90	0.44	0.35	0.26	0.89
9.00	0.45	0.36	0.27	0.90
9.10	0.45	0.36	0.27	0.91
9.20	0.45	0.36	0.27	0.92
9.30	0.46	0.37	0.27	0.93
9.40	0.46	0.37	0.28	0.94
9.50	0.47	0.38	0.28	0.95
9.60	0.47	0.38	0.28	0.96
9.70	0.48	0.38	0.29	0.97
9.80	0.48	0.39	0.29	0.98
9.90	0.49	0.39	0.29	0.99
10.00	0.50	0.40	0.30	1.00
10.10	0.50	0.40	0.30	1.01
10.20	0.50	0.40	0.30	1.02
10.30	0.51	0.41	0.30	1.03
10.40	0.51	0.41	0.31	1.04
10.50	0.52	0.42	0.31	1.05
10.60	0.52	0.42	0.31	1.06
10.70	0.53	0.42	0.32	1.07
10.80	0.53	0.43	0.32	1.08
10.90	0.54	0.43	0.32	1.09
11.00	0.55	0.44	0.33	1.10
11.10	0.55	0.44	0.33	1.11
11.20	0.55	0.44	0.33	1.12
11.30	0.56	0.45	0.33	1.13
11.40	0.56	0.45	0.34	1.14
11.50	0.57	0.46	0.34	1.15
11.60	0.57	0.46	0.34	1.16
11.70	0.58	0.46	0.35	1.17
11.80	0.58	0.47	0.35	1.18
11.90	0.59	0.47	0.35	1.19
12.00	0.60	0.48	0.36	1.20
12.10	0.60	0.48	0.36	1.21
12.20	0.60	0.48	0.36	1.22
12.30	0.61	0.49	0.36	1.23
12.40	0.61	0.49	0.37	1.24
12.50	0.62	0.50	0.37	1.25
12.60	0.62	0.50	0.37	1.26
12.70	0.63	0.50	0.38	1.27
12.80	0.63	0.51	0.38	1.28
12.90	0.64	0.51	0.38	1.29
13.00	0.65	0.52	0.39	1.30
13.10	0.65	0.52	0.39	1.31
13.20	0.65	0.52	0.39	1.32
13.30	0.66	0.53	0.39	1.33
13.40	0.66	0.53	0.40	1.34
13.50	0.67	0.54	0.40	1.35
13.60	0.67	0.54	0.40	1.36
13.70	0.68	0.54	0.41	1.37
13.80	0.68	0.55	0.41	1.38
13.90	0.69	0.55	0.41	1.39
14.00	0.70	0.56	0.42	1.40
14.10	0.70	0.56	0.42	1.41
14.20	0.70	0.56	0.42	1.42
14.30	0.71	0.57	0.42	1.43
14.40	0.71	0.57	0.43	1.44
14.50	0.72	0.58	0.43	1.45
14.60	0.72	0.58	0.43	1.46
14.70	0.73	0.58	0.44	1.47
14.80	0.73	0.59	0.44	1.48
14.90	0.74	0.59	0.44	1.49
15.00	0.75	0.60	0.45	1.50
15.10	0.75	0.60	0.45	1.51
15.20	0.75	0.60	0.45	1.52
15.30	0.76	0.61	0.45	1.53
15.40	0.76	0.61	0.46	1.54
15.50	0.77	0.62	0.46	1.55
15.60	0.77	0.62	0.46	1.56
15.70	0.78	0.62	0.47	1.57
15.80	0.78	0.63	0.47	1.58
15.90	0.79	0.63	0.47	1.59
16.00	0.80	0.64	0.48	1.60
16.10	0.80	0.64	0.48	1.61
16.20	0.80	0.64	0.48	1.62
16.30	0.81	0.65	0.48	1.63
16.40	0.81	0.65	0.49	1.64
16.50	0.82	0.66	0.49	1.65
16.60	0.82	0.66	0.49	1.66
16.70	0.83	0.66	0.50	1.67
16.80	0.83	0.67	0.50	1.68
16.90	0.84	0.67	0.50	1.69
17.00	0.85	0.68	0.51	1.70
17.10	0.85	0.68	0.51	1.71
17.20	0.85	0.68	0.51	1.72
17.30	0.86	0.69	0.51	1.73
17.40	0.86	0.69	0.52	1.74
17.50	0.87	0.70	0.52	1.75
17.60	0.87	0.70	0.52	1.76
17.70	0.88	0.70	0.53	1.77
17.80	0.88	0.71	0.53	1.78
17.90	0.89	0.71	0.53	1.79
18.00	0.90	0.72	0.54	1.80
18.10	0.90	0.72	0.54	1.81
18.20	0.90	0.72	0.54	1.82
18.30	0.91	0.73	0.54	1.83
18.40	0.91	0.73	0.55	1.84
18.50	0.92	0.74	0.55	1.85
18.60	0.92	0.74	0.55	1.86
18.70	0.93	0.74	0.56	1.87
18.80	0.93	0.75	0.56	1.88
18.90	0.94	0.75	0.56	1.89
19.00	0.95	0.76	0.57	1.90
19.10	0.95	0.76	0.57	1.91
19.20	0.95	0.76	0.57	1.92
19.30	0.96	0.77	0.57	1.93
19.40	0.96	0.77	0.58	1.94
19.50	0.97	0.78	0.58	1.95
19.60	0.97	0.78	0.58	1.96
19.70	0.98	0.78	0.59	1.97
19.80	0.98	0.79	0.59	1.98
19.90	0.99	0.79	0.59	1.99
20.00	1.00	0.80	0.60	2.00
20.10	1.00	0.80	0.60	2.01
20.20	1.00	0.80	0.60	2.02
20.30	1.01	0.81	0.60	2.03
20.40	1.01	0.81	0.61	2.04
20.50	1.02	0.82	0.61	2.05
20.60	1.02	0.82	0.61	2.06
20.70	1.03	0.82	0.62	2.07
20.80	1.03	0.83	0.62	2.08
20.90	1.04	0.83	0.62	2.09
21.00	1.05	0.84	0.63	2.10
21.10	1.05	0.84	0.63	2.11
21.20	1.05	0.84	0.63	2.12
21.30	1.06	0.85	0.63	2.13
21.40	1.06	0.85	0.64	2.14
21.50	1.07	0.86	0.64	2.15
21.60	1.07	0.86	0.64	2.16
21.70	1.08	0.86	0.65	2.17
21.80	1.08	0.87	0.65	2.18
21.90	1.09	0.87	0.65	2.19
22.00	1.10	0.88	0.66	2.20
22.10	1.10	0.88	0.66	2.21
22.20	1.10	0.88	0.66	2.22
22.30	1.11	0.89	0.66	2.23
22.40	1.11	0.89	0.67	2.24
22.50	1.12	0.90	0.67	2.25
22.60	1.12	0.90	0.67	2.26
22.70	1.13	0.90	0.68	2.27
22.80	1.13	0.91	0.68	2.28
22.90	1.14	0.91	0.68	2.29
23.00	1.15	0.92	0.69	2.30
23.10	1.15	0.92	0.69	2.31
23.20	1.15	0.92	0.69	2.32
23.30	1.16	0.93	0.69	2.33
23.40	1.16	0.93	0.70	2.34
23.50	1.17	0.94	0.70	2.35
23.60	1.17	0.94	0.70	2.36
23.70	1.18	0.94	0.71	2.37
23.80	1.18	0.95	0.71	2.38
23.90	1.19	0.95	0.71	2.39
24.00	1.20	0.96	0.72	2.40
24.10	1.20	0.96	0.72	2.41
24.20	1.20	0.96	0.72	2.42
24.30	1.21	0.97	0.72	2.43
24.40	1.21	0.97	0.73	2.44
24.50	1.22	0.98	0.73	2.45
24.60	1.22	0.98	0.73	2.46
24.70	1.23	0.98	0.74	2.47
24.80	1.23	0.99	0.74	2.48
24.90	1.24	0.99	0.74	2.49
25.00	1.25	1.00	0.75	2.50
25.10	1.25	1.00	0.75	2.51
25.20	1.25	1.00	0.75	2.52
25.30	1.26	1.01	0.75	2.53
25.40	1.26	1.01	0.76	2.54
25.50	1.27	1.02	0.76	2.55
25.60	1.27	1.02	0.76	2.56
25.70	1.28	1.02	0.77	2.57
25.80	1.28	1.03	0.77	2.58
25.90	1.29	1.03	0.77	2.59
26.00	1.30	1.04	0.78	2.60
26.10	1.30	1.04	0.78	2.61
26.20	1.30	1.04	0.78	2.62
26.30	1.31	1.05	0.78	2.63
26.40	1.31	1.05	0.79	2.64
26.50	1.32	1.06	0.79	2.65
26.60	1.32	1.06	0.79	2.66
26.70	1.33	1.06	0.80	2.67
26.80	1.33	1.07	0.80	2.68
26.90	1.34	1.07	0.80	2.69
27.00	1.35	1.08	0.81	2.70
27.10	1.35	1.08	0.81	2.71
27.20	1.35	1.08	0.81	2.72
27.30	1.36	1.09	0.81	2.73
27.40	1.36	1.09	0.82	2.74
27.50	1.37	1.10	0.82	2.75
27.60	1.37	1.10	0.82	2.76
27.70	1.38	1.10	0.83	2.77
27.80	1.38	1.11	0.83	2.78
27.90	1.39	1.11	0.83	2.79
28.00	1.40	1.12	0.84	2.80
28.10	1.40	1.12	0.84	2.81
28.20	1.40	1.12	0.84	2.82
28.30	1.41	1.13	0.84	2.83
28.40	1.41	1.13	0.85	2.84
28.50	1.42	1.14	0.85	2.85
28.60	1.42	1.14	0.85	2.86
28.70	1.43	1.14	0.86	2.87
28.80	1.43	1.15	0.86	2.88
28.90	1.44	1.15	0.86	2.89
29.00	1.45	1.16	0.87	2.90
29.10	1.45	1.16	0.87	2.91
29.20	1.45	1.16	0.87	2.92
29.30	1.46	1.17	0.87	2.93
29.40	1.46	1.17	0.88	2.94
29.50	1.47	1.18	0.88	2.95
29.60	1.47	1.18	0.88	2.96
29.70	1.48	1.18	0.89	2.97
29.80	1.48	1.19	0.89	2.98
29.90	1.49	1.19	0.89	2.99
30.00	1.50	1.20	0.90	3.00
30.10	1.50	1.20	0.90	3.01
30.20	1.50	1.20	0.90	3.02
30.30	1.51	1.21	0.90	3.03
30.40	1.51	1.21	0.91	3.04
30.50	1.52	1.22	0.91	3.05
30.60	1.52	1.22	0.91	3.06
30.70	1.53	1.22	0.92	3.07
30.80	1.53	1.23	0.92	3.08
30.90	1.54	1.23	0.92	3.09
31.00	1.55	1.24	0.93	3.10
31.10	1.55	1.24	0.93	3.11
31.20	1.55	1.24	0.93	3.12
31.30	1.56	1.25	0.93	3.13
31.40	1.56	1.25	0.94	3.14
31.50	1.57	1.26	0.94	3.15
31.60	1.57	1.26	0.94	3.16
31.70	1.58	1.26	0.95	3.17
31.80	1.58	1.27	0.95	3.18
31.90	1.59	1.27	0.95	3.19
32.00	1.60	1.28	0.96	3.20
32.10	1.60	1.28	0.96	3.21
32.20	1.60	1.28	0.96	3.22
32.30	1.61	1.29	0.96	3.23
32.40	1.61	1.29	0.97	3.24
32.50	1.62	1.30	0.97	3.25
32.60	1.62	1.30	0.97	3.26
32.70	1.63	1.30	0.98	3.27
32.80	1.63	1.31	0.98	3.28
32.90	1.64	1.31	0.98	3.29
33.00	1.65	1.32	0.99	3.30
33.10	1.65	1.32	0.99	3.31
33.20	1.65	1.32	0.99	3.32
33.30	1.66	1.33	0.99	3.33
33.40	1.66	1.33	1.00	3.34
33.50	1.67	1.34	1.00	3.35
33.60	1.67	1.34	1.00	3.36
33.70	1.68	1.34	1.01	3.37
33.80	1.68	1.35	1.01	3.38
33.90	1.69	1.35	1.01	3.39
34.00	1.70	1.36	1.02	3.40
34.10	1.70	1.36	1.02	3.41
34.20	1.70	1.36	1.02	3.42
34.30	1.71	1.37	1.02	3.43
34.40	1.71	1.37	1.03	3.44
34.50	1.72	1.38	1.03	3.45
34.60	1.72	1.38	1.03	3.46
34.70	1.73	1.38	1.04	3.47
34.80	1.73	1.39	1.04	3.48
34.90	1.74	1.39	1.04	3.49
35.00	1.75	1.40	1.05	3.50
35.10	1.75	1.40	1.05	3.51
35.20	1.75	1.40	1.05	3.52
35.30	1.76	1.41	1.05	3.53
35.40	1.76	1.41	1.06	3.54
35.50	1.77	1.42	1.06	3.55
35.60	1.77	1.42	1.06	3.56
35.70	1.78	1.42	1.07	3.57
35.80	1.78	1.43	1.07	3.58
35.90	1.79	1.43	1.07	3.59
36.00	1.80	1.44	1.08	3.60
36.10	1.80	1.44	1.08	3.61
36.20	1.80	1.44	1.08	3.62
36.30	1.81	1.45	1.08	3.63
36.40	1.81	1.45	1.09	3.64
36.50	1.82	1.46	1.09	3.65
36.60	1.82	1.46	1.09	3.66
36.70	1.83	1.46	1.10	3.67
36.80	1.83	1.47	1.10	3.68
36.90	1.84	1.47	1.10	3.69
37.00	1.85	1.48	1.11	3.70
37.10	1.85	1.48	1.11	3.71
37.20	1.85	1.48	1.11	3.72
37.30	1.86	1.49	1.11	3.73
37.40	1.86	1.49	1.12	3.74
37.50	1.87	1.50	1.12	3.75
37.60	1.87	1.50	1.12	3.76
37.70	1.88	1.50	1.13	3.77
37.80	1.88	1.51	1.13	3.78
37.90	1.89	1.51	1.13	3.79
38.00	1.90	1.52	1.14	3.80
38.10	1.90	1.52	1.14	3.81
38.20	1.90	1.52	1.14	3.82
38.30	1.91	1.53	1.14	3.83
38.40	1.91	1.53	1.15	3.84
38.50	1.92	1.54	1.15	3.85
38.60	1.93	1.55	1.16	3.86
38.70	1.94	1.55	1.17	3.87
38.80	1.95	1.56	1.18	3.88
38.90	1.96	1.57	1.18	3.89
39.00	1.97	1.58	1.19	3.90
39.10	1.98	1.59	1.20	3.91
39.20	1.99	1.60	1.21	3.92
39.30	2.00	1.61	1.22	3.93
39.40	2.01	1.62	1.22	3.94
39.50	2.02	1.63	1.23	3.95
39.60	2.03	1.64	1.24	3.96
39.70	2.04	1.64	1.25	3.97
39.80	2.05	1.65	1.26	3.98
39.90	2.06	1.66	1.26	3.99
40.00	2.07	1.67	1.27	4.00
40.10	2.08	1.68	1.28	4.01
40.20	2.09	1.69	1.29	4.02
40.30	2.10	1.70	1.30	4.03
40.40	2.11	1.71	1.30	4.04
40.50	2.12	1.72	1.31	4.05
40.60	2.13	1.73	1.32	4.06
40.70	2.14	1.73	1.33	4.07
40.80	2.15	1.74	1.34	4.08
40.90	2.16	1.75	1.34	4.09
41.00	2.17	1.76	1.35	4.10
41.10	2.18	1.77	1.36	4.11
41.20	2.19	1.78	1.37	4.12
41.30	2.20	1.79	1.38	4.13
41.40	2.21	1.80	1.38	4.14
41.50	2.22	1.81	1.39	4.15
41.60	2.23	1.82	1.40	4.16
41.70	2.24	1.82	1.41	4.17
41.80	2.25	1.83	1.42	4.18
41.90	2.26	1.84	1.42	4.19
42.00	2.27	1.85	1.43	4.20
42.10	2.28	1.86	1.44	4.21
42.20	2.29	1.87	1.45	4.22
42.30	2.30	1.88	1.46	4.23
42.40	2.31	1.89	1.46	4.24
42.50	2.32	1.90	1.47	4.25
42.60	2.33	1.91	1.48	4.26
42.70	2.34	1.91	1.49	4.27
42.80	2.35	1.92	1.50	4.28
42.90	2.36	1.93	1.50	4.29
43.00	2.37	1.94	1.51	4.30
43.10	2.38	1.95	1.52	4.31
43.20	2.39	1.96	1.53	4.32
43.30	2.40	1.97	1.54	4.33
43.40	2.41	1.98	1.54	4.34
43.50	2.42	1.99	1.55	4.35
43.60	2.43	2.00	1.56	4.36
43.70	2.44	2.00	1.57	4.37
43.80	2.45	2.01	1.58	4.38
43.90	2.46	2.02	1.58	4.39
44.00	2.47	2.03	1.59	4.40
44.10	2.48	2.04	1.60	4.41
44.20	2.49	2.05	1.61	4.42
44.30	2.50	2.06	1.62	4.43
44.40	2.51	2.07	1.62	4.44
44.50	2.52	2.08	1.63	4.45
44.60	2.53	2.09	1.64	4.46
44.70	2.54	2.09	1.65	4.47
44.80	2.55	2.10	1.66	4.48
44.90	2.56	2.11	1.66	4.49
45.00	2.57	2.12	1.67	4.50
45.10	2.58	2.13	1.68	4.51
45.20	2.59	2.14	1.69	4.52
45.30	2.60	2.15	1.70	4.53
45.40	2.61	2.16	1.70	4.54
45.50	2.62	2.17	1.71	4.55
45.60	2.63	2.18	1.72	4.56
45.70	2.64	2.18	1.73	4.57
45.80	2.65	2.19	1.74	4.58
45.90	2.66	2.20	1.74	4.59
46.00	2.67	2.21	1.75	4.60
46.10	2.68	2.22	1.76	4.61
46.20	2.69	2.23	1.77	4.62
46.30	2.70	2.24	1.78	4.63
46.40	2.71	2.25	1.78	4.64
46.50	2.72	2.26	1.79	4.65
46.60	2.73	2.27	1.80	4.66
46.70	2.74	2.27	1.81	4.67
46.80	2.75	2.28	1.82	4.68
46.90	2.76	2.29	1.82	4.69
47.00	2.77	2.30	1.83	4.70
47.10	2.78	2.31	1.84	4.71
47.20	2.79	2.32	1.85	4.72
47.30	2.80	2.33	1.86	4.73
47.40	2.81	2.34	1.86	4.74
47.50	2.82	2.35	1.87	4.75
47.60	2.83	2.36	1.88	4.76
47.70	2.84	2.36	1.89	4.77
47.80	2.85	2.37	1.90	4.78
47.90	2.86	2.38	1.90	4.79
48.00	2.87	2.39	1.91	4.80
48.10	2.88	2.40	1.92	4.81
48.20	2.89	2.41	1.93	4.82
48.30	2.90	2.42	1.94	4.83
48.40	2.91	2.43	1.94	4.84
48.50	2.92	2.44	1.95	4.85
48.60	2.93	2.45	1.96	4.86
48.70	2.94	2.45	1.97	4.87
48.80	2.95	2.46	1.98	4.88
48.90	2.96	2.47	1.98	4.89
49.00	2.97	2.48	1.99	4.90
49.10	2.98	2.49	2.00	4.91
49.20	2.99	2.50	2.01	4.92
49.30	3.00	2.51	2.02	4.93
49.40	3.01	2.52	2.02	4.94
49.50	3.02	2.53	2.03	4.95
49.60	3.03	2.54	2.04	4.96
49.70	3.04	2.54	2.05	4.97
49.80	3.05	2.55	2.06	4.98
49.90	3.06	2.56	2.06	4.99
50.00	3.07	2.57	2.07	5.00
50.10	3.08	2.58	2.08	5.01
50.20	3.09	2.59	2.09	5.02
50.30	3.10	2.60	2.10	5.03
50.40	3.11	2.61	2.10	5.04
50.50	3.12	2.62	2.11	5.05
50.60	3.13	2.63	2.12	5.06
50.70	3.14	2.63	2.13	5.07
50.80	3.15	2.64	2.14	5.08
50.90	3.16	2.65	2.14	5.09
51.00	3.17	2.66	2.15	5.10
51.10	3.18	2.67	2.16	5.11
51.20	3.19	2.68	2.17	5.12
51.30	3.20	2.69	2.18	5.13
51.40	3.21	2.70	2.18	5.14
51.50	3.22	2.71	2.19	5.15
51.60	3.23	2.72	2.20	5.16
51.70	3.24	2.72	2.21	5.17
51.80	3.25	2.73	2.22	5.18
51.90	3.26	2.74	2.22	5.19
52.00	3.27	2.75	2.23	5.20
52.10	3.28	2.76	2.24	5.21
52.20	3.29	2.77	2.25	5.22
52.30	3.30	2.78	2.26	5.23
52.40	3.31	2.79	2.26	5.24
52.50	3.32	2.80	2.27	5.25
52.60	3.33	2.81	2.28	5.26
52.70	3.34	2.81	2.29	5.27
52.80	3.35	2.82	2.30	5.28
52.90	3.36	2.83	2.30	5.29
53.00	3.37	2.84	2.31	5.30
53.10	3.38	2.85	2.32	5.31
53.20	3.39	2.86	2.33	5.32
53.30	3.40	2.87	2.34	5.33
53:40	3.41	2.88	2.34	5.34
53.50	3.42	2.89	2.35	5.35
53.60	3.43	2.90	2.36	5.36
53.70	3.44	2.90	2.37	5.37
53.80	3.45	2.91	2.38	5.38
53.90	3.46	2.92	2.38	5.39
54.00	3.47	2.93	2.39	5.40
54.10	3.48	2.94	2.40	5.41
54.20	3.49	2.95	2.41	5.42
54.30	3.50	2.96	4.42	5.43
54.40	3.51	2.97	2.42	5.44
54.50	3.52	2.98	2.43	5.45
54.60	3.53	2.99	2.44	5.46
54.70	3.54	2.99	2.45	5.47
54.80	3.55	3.00	2.46	5.48
54.90	3.56	3.01	2.46	5.49
55.00	3.57	3.02	2.47	5.50
55.10	3.58	3.03	2.48	5.51
55.20	3.59	3.04	2.49	5.52
55.30	3.60	3.05	2.50	5.53
55.40	3.61	3.06	2.50	5.54
55.50	3.62	3.07	2.51	5.55
55.60	3.63	3.08	2.52	5.56
55.70	3.64	3.08	2.53	5.57
55.80	3.65	3.09	2.54	5.58
55.90	3.66	3.10	2.54	5.59
56.00	3.67	3.11	2.55	5.60
56.10	3.68	3.12	2.56	5.61
56.20	3.69	3.13	2.57	5.62
56.30	3.70	3.14	2.58	5.63
56.40	3.71	3.15	2.58	5.64
56.50	3.72	3.16	2.59	5.65
56.60	3.73	3.17	2.60	5.66
56.70	3.74	3.17	2.61	5.67
56.80	3.75	3.18	2.62	5.68
56.90	3.76	3.19	2.62	5.69
57.00	3.77	3.20	2.63	5.70
57.10	3.78	3.21	2.64	5.71
57.20	3.79	3.22	2.65	5.72
57.30	3.80	3.23	2.66	5.73
57.40	3.81	3.24	2.66	5.74
57.50	3.82	3.25	2.67	5.75
57.60	3.83	3.26	2.68	5.76
57.70	3.84	3.26	2.69	5.77
57.80	3.86	3.28	2.70	5.78
57.90	3.87	3.29	2.71	5.79
58.00	3.89	3.31	2.73	5.80
58.10	3.90	3.32	2.74	5.81
58.20	3.92	3.33	2.75	5.82
58.30	3.93	3.35	2.76	5.83
58.40	3.95	3.36	2.78	5.84
58.50	3.96	3.38	2.79	5.85
58.60	3.98	3.39	2.80	5.86
58.70	3.99	3.40	2.82	5.87
58.80	4.01	3.42	2.83	5.88
58.90	4.02	3.43	2.84	5.89
59.00	4.04	3.45	2.86	5.90
59.10	4.05	3.46	2.87	5.91
59.20	4.07	3.47	2.88	5.92
59.30	4.08	3.49	2.89	5.93
59.40	4.10	3.50	2.91	5.94
59.50	4.11	3.52	2.92	5.95
59.60	4.13	3.53	2.93	5.96
59.70	4.14	3.54	2.95	5.97
59.80	4.16	3.56	2.96	5.98
59.90	4.17	3.57	2.97	5.99
60.00	4.19	3.59	2.99	6.00
60.10	4.20	3.60	3.00	6.01
60.20	4.22	3.61	3.01	6.02
60.30	4.23	3.63	3.02	6.03
60.40	4.25	3.64	3.04	6.04
60.50	4.26	3.66	3.05	6.05
60.60	4.28	3.67	3.06	6.06
60.70	4.29	3.68	3.08	6.07
60.80	4.31	3.70	3.09	6.08
60.90	4.32	3.71	3.10	6.09
61.00	4.34	3.73	3.12	6.10
61.10	4.35	3.74	3.13	6.11
61.20	4.37	3.75	3.14	6.12
61.30	4.38	3.77	3.15	6.13
61.40	4.40	3.78	3.17	6.14
61.50	4.41	3.80	3.18	6.15
61.60	4.43	3.81	3.19	6.16
61.70	4.44	3.82	3.21	6.17
61.80	4.46	3.84	3.22	6.18
61.90	4.47	3.85	3.23	6.19
62.00	4.49	3.87	3.25	6.20
62.10	4.50	3.88	3.26	6.21
62.20	4.52	3.89	3.27	6.22
62.30	4.53	3.91	3.28	6.23
62.40	4.55	3.92	3.30	6.24
62.50	4.56	3.94	3.31	6.25
62.60	4.58	3.95	3.32	6.26
62.70	4.59	3.96	3.34	6.27
62.80	4.61	3.98	3.35	6.28
62.90	4.62	3.99	3.36	6.29
63.00	4.64	4.01	3.38	6.30
63.10	4.65	4.02	3.39	6.31
63.20	4.67	4.03	3.40	6.32
63.30	4.68	4.05	3.41	6.33
63.40	4.70	4.06	3.43	6.34
63.50	4.71	4.08	3.44	6.35
63.60	4.73	4.09	3.45	6.36
63.70	4.74	4.10	3.47	6.37
63.80	4.76	4.12	3.48	6.38
63.90	4.77	4.13	3.49	6.39
64.00	4.79	4.15	3.51	6.40
64.10	4.80	4.16	3.52	6.41
64.20	4.82	4.17	3.53	6.42
64.30	4.83	4.19	3.54	6.43
64.40	4.85	4.20	3.56	6.44
64.50	4.86	4.22	3.57	6.45
64.60	4.88	4.23	3.58	6.46
64.70	4.89	4.24	3.60	6.47
64.80	4.91	4.26	3.61	6.48
64.90	4.92	4.27	3.62	6.49
65.00	4.94	4.29	3.64	6.50
65.10	4.95	4.30	3.65	6.51
65.20	4.97	4.31	3.66	6.52
65.30	4.98	4.33	3.67	6.53
65.40	5.00	4.34	3.69	6.54
65.50	5.01	4.36	3.70	6.55
65.60	5.03	4.37	3.71	6.56
65.70	5.04	4.38	3.73	6.57
65.80	5.06	4.40	3.74	6.58
65.90	5.07	4.41	3.75	6.59
66.00	5.09	4.43	3.77	6.60
66.10	5.10	4.44	3.78	6.61
66.20	5.12	4.45	3.79	6.62
66.30	5.13	4.47	3.80	6.63
66.40	5.15	4.48	3.82	6.64
66.50	5.16	4.50	3.83	6.65
66.60	5.18	4.51	3.84	6.66
66.70	5.19	4.52	3.86	6.67
66.80	5.21	4.54	3.87	6.68
66.90	5.22	4.55	3.88	6.69
67.00	5.24	4.57	3.90	6.70
67.10	5.25	4.58	3.91	6.71
67.20	5.27	4.59	3.92	6.72
67.30	5.28	4.61	3.93	6.73
67.40	5.30	4.62	3.95	6.74
67.50	5.31	4.64	3.96	6.75
67.60	5.33	4.65	3.97	6.76
67.70	5.34	4.66	3.99	6.77
67.80	5.36	4.68	4.00	6.78
67.90	5.37	4.69	4.01	6.79
68.00	5.39	4.71	4.03	6.80
68.10	5.40	4.72	4.04	6.81
68.20	5.42	4.73	4.05	6.82
68.30	5.43	4.75	4.06	6.83
68.40	5.45	4.76	4.08	6.84
68.50	5.46	4.78	4.09	6.85
68.60	5.48	4.79	4.10	6.86
68.70	5.49	4.80	4.12	6.87
68.80	5.51	4.82	4.13	6.88
68.90	5.52	4.83	4.14	6.89
69.00	5.54	4.85	4.16	6.90
69.10	5.55	4.86	4.17	6.91
69.20	5.57	4.87	4.18	6.92
69.30	5.58	4.89	4.19	6.93
69.40	5.60	4.90	4.21	6.94
69.50	5.61	4.92	4.22	6.95
69.60	5.63	4.93	4.23	6.96
69.70	5.64	4.94	4.25	6.97
69.80	5.66	4.96	4.26	6.98
69.90	5.67	4.97	4.27	6.99
70.00	5.69	4.99	4.29	7.00
70.10	5.70	5.00	4.30	7.01
70.20	5.72	5.01	4.31	7.02
70.30	5.73	5.03	4.32	7.03
70.40	5.75	5.04	4.34	7.04
70.50	5.76	5.06	4.35	7.05
70.60	5.78	5.07	4.36	7.06
70.70	5.79	5.08	4.38	7.07
70.80	5.81	5.10	4.39	7.08
70.90	5.82	5.11	4.40	7.09
71.00	5.84	5.13	4.42	7.10
71.10	5.85	5.14	4.43	7.11
71.20	5.87	5.15	4.44	7.12
71.30	5.88	5.17	4.45	7.13
71.40	5.90	5.18	4.47	7.14
71.50	5.91	5.20	4.48	7.15
71.60	5.93	5.21	4.49	7.16
71.70	5.94	5.22	4.51	7.17
71.80	5.96	5.24	4.52	7.18
71.90	5.97	5.25	4.53	7.19
72.00	5.99	5.27	4.55	7.20
72.10	6.00	5.28	4.56	7.21
72.20	6.02	5.29	4.57	7.22
72.30	6.03	5.31	4.58	7.23
72.40	6.05	5.32	4.60	7.24
72.50	6.06	5.34	4.61	7.25
72.60	6.08	5.35	4.62	7.26
72.70	6.09	5.36	4.64	7.27
72.80	6.11	5.38	4.65	7.28
72.90	6.12	5.39	4.66	7.29
73.00	6.14	5.41	4.68	7.30
73.10	6.15	5.42	4.69	7.31
73.20	6.17	5.43	4.70	7.32
73.30	6.18	5.45	4.71	7.33
73.40	6.20	5.46	4.73	7.34
73.50	6.21	5.48	4.74	7.35
73.60	6.23	5.49	4.75	7.36
73.70	6.24	5.50	4.77	7.37
73.80	6.26	5.52	4.78	7.38
73.90	6.27	5.53	4.79	7.39
74.00	6.29	5.55	4.81	7.40
74.10	6.30	5.56	4.82	7.41
74.20	6.32	5.57	4.83	7.42
74.30	6.33	5.59	4.84	7.43
74.40	6.35	5.60	4.86	7.44
74.50	6.36	5.62	4.87	7.45
74.60	6.38	5.63	4.88	7.46
74.70	6.39	5.64	4.90	7.47
74.80	6.41	5.66	4.91	7.48
74.90	6.42	5.67	4.92	7.49
75.00	6.44	5.69	4.94	7.50
75.10	6.45	5.70	4.95	7.51
75.20	6.47	5.71	4.96	7.52
75.30	6.48	5.73	4.97	7.53
75.40	6.50	5.74	4.99	7.54
75.50	6.51	5.76	5.00	7.55
75.60	6.53	5.77	5.01	7.56
75.70	6.54	5.78	5.03	7.57
75.80	6.56	5.80	5.04	7.58
75.90	6.57	5.81	5.05	7.59
76.00	6.59	5.83	5.07	7.60
76.10	6.60	5.84	5.08	7.61
76.20	6.62	5.85	5.09	7.62
76.30	6.63	5.87	5.10	7.63
76.40	6.65	5.88	5.12	7.64
76.50	6.66	5.90	5.13	7.65
76.60	6.68	5.91	5.14	7.66
76.70	6.69	5.92	5.16	7.67
76.80	6.71	5.94	5.17	7.68
76.90	6.72	5.95	5.18	7.69
77.00	6.74	5.97	5.20	7.70
77.10	6.76	5.99	5.22	7.71
77.20	6.78	6.01	5.24	7.72
77.30	6.80	6.03	5.25	7.73
77.40	6.82	6.04	5.27	7.74
77.50	6.84	6.07	5.29	7.75
77.60	6.86	6.08	5.31	7.76
77.70	6.88	6.10	5.33	7.77
77.80	6.90	6.12	5.34	7.78
77.90	6.92	6.14	5.36	7.79
78.00	6.94	6.16	5.38	7.80
78.10	6.96	6.18	5.40	7.81
78.20	6.98	6.20	5.42	7.82
78.30	7.00	6.22	5.43	7.83
78.40	7.02	6.23	5.45	7.84
78.50	7.04	6.26	5.47	7.85
78.60	7.06	6.27	5.49	7.86
78.70	7.08	6.29	5.51	7.87
78.80	7.10	6.31	5.52	7.88
78.90	7.12	6.33	5.54	7.89
79.00	7.14	6.35	5.56	7.90
79.10	7.16	6.37	5.58	7.91
79.20	7.18	6.39	5.60	7.92
79.30	7.20	6.41	5.61	7.93
79.40	7.22	6.42	5.63	7.94
79.50	7.24	6.45	5.65	7.95
79.60	7.26	6.46	5.67	7.96
79.70	7.28	6.48	5.69	7.97
79.80	7.30	6.50	5.70	7.98
79.90	7.32	6.52	5.72	7.99
80.00	7.34	6.54	5.74	8.00
80.50	7.44	6.64	5.83	8.05
81.00	7.54	6.73	5.92	8.10
81.50	7.64	6.83	6.01	8.15
82.00	7.74	6.92	6.10	8.20
82.50	7.84	7.02	6.19	8.25
83.00	7.94	7.11	6.28	8.30
83.50	8.04	7.21	6.37	8.35
84.00	8.14	7.30	6.46	8.40
84.50	8.24	7.40	6.55	8.45
85.00	8.34	7.49	6.64	8.50
85.50	8.44	7.59	6.73	8.55
86.00	8.54	7.68	6.82	8.60
86.50	8.64	7.78	6.91	8.65
87.00	8.74	7.87	7.00	8.74
87.50	8.84	7.97	7.09	8.84
88.00	8.94	8.06	7.18	8.94
88.50	9.04	8.16	7.27	9.04
89.00	9.14	8.25	7.36	9.14
89.50	9.24	8.35	7.45	9.24
90.00	9.34	8.44	7.54	9.34
90.50	9.44	8.54	7.63	9.44
91.00	9.54	8.63	7.72	9.54
91.50	9.64	8.73	7.81	9.64
92.00	9.74	8.82	7.90	9.74
92.50	9.84	8.92	7.99	9.84
93.00	9.94	9.01	8.08	9.94
93.50	10.04	9.11	8.17	10.04
94.00	10.14	9.20	8.26	10.14
94.50	10.24	9.30	8.35	10.24
95.00	10.34	9.39	8.44	10.34
95.50	10.44	9.49	8.53	10.44
96.00	10.54	9.58	8.62	10.54
96.50	10.66	9.70	8.74	10.66
97.00	10.78	9.82	8.86	10.78
97.50	10.91	9.95	8.99	10.91
98.00	11.03	10.07	9.11	11.03
98.50	11.16	10.20	9.24	11.16
99.00	11.28	10.32	9.36	11.28
99.50	11.41	10.45	9.49	11.41
100.00	11.53	10.57	9.61	11.53
100.50	11.66	10.70	9.74	11.66
101.00	11.78	10.82	9.86	11.78
101.50	11.91	10.95	9.99	11.91
102.00	12.03	11.07	10.11	12.03
102.50	12.16	11.20	10.24	12.16
103.00	12.28	11.32	10.36	12.28
103.50	12.41	11.45	10.49	12.41
104.00	12.53	11.57	10.61	12.53
104.50	12.66	11.70	10.74	12.66
105.00	12.78	11.82	10.86	12.78
105.50	12.91	11.95	10.99	12.91
106.00	13.03	12.07	11.11	13.03
106.50	13.16	12.20	11.24	13.16
107.00	13.28	12.32	11.36	13.28
107.50	13.41	12.45	11.49	13.41
108.00	13.53	12.57	11.61	13.53
108.50	13.66	12.70	11.74	13.66
109.00	13.78	12.82	11.86	13.78
109.50	13.91	12.95	11.99	13.91
110.00	14.03	13.07	12.11	14.03
110.50	14.16	13.20	12.24	14.16
111.00	14.28	13.32	12.36	14.28
111.50	14.41	13.45	12.49	14.41
112.00	14.53	13.57	12.61	14.53
112.50	14.66	13.70	12.74	14.66
113.00	14.78	13.82	12.86	14.78
113.50	14.91	13.95	12.99	14.91
114.00	15.03	14.07	13.11	15.03
114.50	15.16	14.20	13.24	15.16
115.00	15.28	14.32	13.36	15.28
115.50	15.41	14.45	13.49	15.41
116.00	15.56	14.60	13.64	15.56
116.50	15.71	14.75	13.79	15.71
117.00	15.86	14.90	13.94	15.86
117.50	16.01	15.05	14.09	16.01
118.00	16.16	15.20	14.24	16.16
118.50	16.31	15.35	14.39	16.31
119.00	16.46	15.50	14.54	16.46
119.50	16.61	15.65	14.69	16.61
120.00	16.76	15.80	14.84	16.76
120.50	16.91	15.95	14.99	16.91
121.00	17.06	16.10	15.14	17.06
121.50	17.21	16.25	15.29	17.21
122.00	17.36	16.40	15.44	17.36
122.50	17.51	16.55	15.59	17.51
123.00	17.66	16.70	15.74	17.66
123.50	17.81	16.85	15.89	17.81
124.00	17.96	17.00	16.04	17.96
124.50	18.11	17.15	16.19	18.11
125.00	18.26	17.30	16.34	18.26
125.50	18.41	17.45	16.49	18.41
126.00	18.56	17.60	16.64	18.56
126.50	18.71	17.75	16.79	18.71
127.00	18.86	17.90	16.94	18.86
127.50	19.01	18.05	17.09	19.01
128.00	19.16	18.20	17.24	19.16
128.50	19.31	18.35	17.39	19.31
129.00	19.46	18.50	17.54	19.46
129.50	19.61	18.65	17.69	19.61
130.00	19.76	18.80	17.84	19.76
130.50	19.91	18.95	17.99	19.91
131.00	20.06	19.10	18.14	20.06
131.50	20.21	19.25	18.29	20.21
132.00	20.36	19.40	18.44	20.36
132.50	20.51	19.55	18.59	20.51
133.00	20.66	19.70	18.74	20.66
133.50	20.81	19.85	18.89	20.81
134.00	20.96	20.00	19.04	20.96
134.50	21.11	20.15	19.19	21.11
135.00	21.26	20.30	19.34	21.26
135.50	21.41	20.45	19.49	21.41
136.00	21.56	20.60	19.64	21.56
136.50	21.71	20.75	19.79	21.71
137.00	21.86	20.90	19.94	21.86
137.50	22.01	21.05	20.09	22.01
138.00	22.16	21.20	20.24	22.16
138.50	22.31	21.35	20.39	22.31
139.00	22.46	21.50	20.54	22.46
139.50	22.61	21.65	20.69	22.61
140.00	22.76	21.80	20.84	22.76
140.50	22.91	21.95	20.99	22.91
141.00	23.06	22.10	21.14	23.06
141.50	23.21	22.25	21.29	23.21
142.00	23.36	22.40	21.44	23.36
142.50	23.51	22.55	21.59	23.51
143.00	23.66	22.70	21.74	23.66
143.50	23.81	22.85	21.89	23.81
144.00	23.96	23.00	22.04	23.96
144.50	24.11	23.15	22.19	24.11
145.00	24.26	23.30	22.34	24.26
145.50	24.41	23.45	22.49	24.41
146.00	24.56	23.60	22.64	24.56
146.50	24.71	23.75	22.79	24.71
147.00	24.86	23.90	22.94	24.86
147.50	25.01	24.05	23.09	25.01
148.00	25.16	24.20	23.24	25.16
148.50	25.31	24.35	23.39	25.31
149.00	25.46	24.50	23.54	25.46
149.50	25.61	24.65	23.69	25.61
150.00	25.76	24.80	23.84	25.76
150.50	25.91	24.95	23.99	25.91
151.00	26.06	25.10	24.14	26.06
151.50	26.21	25.25	24.29	26.21
152.00	26.36	25.40	24.44	26.36
152.50	26.51	25.55	24.59	26.51
153.00	26.66	25.70	24.74	26.66
153.50	26.81	25.85	24.89	26.81
154.00	26.97	26.01	25.05	26.97
154.50	27.15	26.19	25.22	27.15
155.00	27.32	26.36	25.40	27.32
155.50	27.50	26.54	25.57	27.50
156.00	27.67	26.71	25.75	27.67
156.50	27.85	26.89	25.92	27.85
157.00	28.02	27.06	26.10	28.02
157.50	28.20	27.24	26.27	28.20
158.00	28.37	27.41	26.45	28.37
158.50	28.55	27.59	26.62	28.55
159.00	28.72	27.76	26.80	28.72
159.50	28.90	27.94	26.97	28.90
160.00	29.07	28.11	27.15	29.07
160.50	29.25	28.29	27.32	29.25
161.00	29.42	28.46	27.50	29.42
161.50	29.60	28.64	27.67	29.60
162.00	29.77	28.81	27.85	29.77
162.50	29.95	28.99	28.02	29.95
163.00	30.12	29.16	28.20	30.12
163.50	30.30	29.34	28.37	30.30
164.00	30.47	29.51	28.55	30.47
164.50	30.65	29.69	28.72	30.65
165.00	30.82	29.86	28.90	30.82
165.50	31.00	30.04	29.07	31.00
166.00	31.17	30.21	29.25	31.17
166.50	31.35	30.39	29.42	31.35
167.00	31.52	30.56	29.60	31.52
167.50	31.70	30.74	29.77	31.70
168.00	31.87	30.91	29.95	31.87
168.50	32.05	31.09	30.12	32.05
169.00	32.22	31.26	30.30	32.22
169.50	32.40	31.44	30.47	32.40
170.00	32.57	31.61	30.65	32.57
170.50	32.75	31.79	30.82	32.75
171.00	32.92	31.96	31.00	32.92
171.50	33.10	32.14	31.17	33.10
172.00	33.27	32.31	31.35	33.27
172.50	33.45	32.49	31.52	33.45
173.00	33.62	32.66	31.70	33.62
173.50	33.80	32.84	31.87	33.80
174.00	33.97	33.01	32.05	33.97
174.50	34.15	33.19	32.22	34.15
175.00	34.32	33.36	32.40	34.32
175.50	34.50	33.54	32.57	34.50
176.00	34.67	33.71	32.75	34.67
176.50	34.85	33.89	32.92	34.85
177.00	35.02	34.06	33.10	35.02
177.50	35.20	34.24	33.27	35.20
178.00	35.37	34.41	33.45	35.37
178.50	35.55	34.59	33.62	35.55
179.00	35.72	34.76	33.80	35.72
179.50	35.90	34.94	33.97	35.90
180.00	36.07	35.11	34.15	36.07
180.50	36.25	35.29	34.32	36.25
181.00	36.42	35.46	34.50	36.42
181.50	36.60	35.64	34.67	36.60
182.00	36.77	35.81	34.85	36.77
182.50	36.95	35.99	35.02	36.95
183.00	37.12	36.16	35.20	37.12
183.50	37.30	36.34	35.37	37.30
184.00	37.47	36.51	35.55	37.47
184.50	37.65	36.69	35.72	37.65
185.00	37.82	36.86	35.90	37.82
185.50	38.00	37.04	36.07	38.00
186.00	38.17	37.21	36.25	38.17
186.50	38.35	37.39	36.42	38.35
187.00	38.52	37.56	36.60	38.52
187.50	38.70	37.74	36.77	38.70
188.00	38.87	37.91	36.95	38.87
188.50	39.05	38.09	37.12	39.05
189.00	39.22	38.26	37.30	39.22
189.50	39.40	38.44	37.47	39.40
190.00	39.57	38.61	37.65	39.57
190.50	39.75	38.79	37.82	39.75
191.00	39.92	38.96	38.00	39.92
191.50	40.10	39.14	38.17	40.10
192.00	40.27	39.31	38.35	40.27
192.50	40.46	39.50	38.53	40.46
193.00	40.66	39.70	38.73	40.66
193.50	40.86	39.90	38.93	40.86
194.00	41.06	40.10	39.13	41.06
194.50	41.26	40.30	39.33	41.26
195.00	41.46	40.50	39.53	41.46
195.50	41.66	40.70	39.73	41.66
196.00	41.86	40.90	39.93	41.86
196.50	42.06	41.10	40.13	42.06
197.00	42.26	41.30	40.33	42.26
197.50	42.46	41.50	40.53	42.46
198.00	42.66	41.70	40.73	42.66
198.50	42.86	41.90	40.93	42.86
199.00	43.06	42.10	41.13	43.06
199.50	43.26	42.30	41.33	43.26
200.00	43.46	42.50	41.53	43.46
200.50	43.66	42.70	41.73	43.66
201.00	43.86	42.90	41.93	43.86
201.50	44.06	43.10	42.13	44.06
202.00	44.26	43.30	42.33	44.26
202.50	44.46	43.50	42.53	44.46
203.00	44.66	43.70	42.73	44.66
203.50	44.86	43.90	42.93	44.86
204.00	45.06	44.10	43.13	45.06
204.50	45.26	44.30	43.33	45.26
205.00	45.46	44.50	43.53	45.46
205.50	45.66	44.70	43.73	45.66
206.00	45.86	44.90	43.93	45.86
206.50	46.06	45.10	44.13	46.06
207.00	46.26	45.30	44.33	46.26
207.50	46.46	45.50	44.53	46.46
208.00	46.66	45.70	44.73	46.66
208.50	46.86	45.90	44.93	46.86
209.00	47.06	46.10	45.13	47.06
209.50	47.26	46.30	45.33	47.26
210.00	47.46	46.50	45.53	47.46
210.50	47.66	46.70	45.73	47.66
211.00	47.86	46.90	45.93	47.86
211.50	48.06	47.10	46.13	48.06
212.00	48.26	47.30	46.33	48.26
212.50	48.46	47.50	46.53	48.46
213.00	48.66	47.70	46.73	48.66
213.50	48.86	47.90	46.93	48.86
214.00	49.06	48.10	47.13	49.06
214.50	49.26	48.30	47.33	49.26
215.00	49.46	48.50	47.53	49.46
215.50	49.66	48.70	47.73	49.66
216.00	49.86	48.90	47.93	49.86
216.50	50.06	49.10	48.13	50.06
217.00	50.26	49.30	48.33	50.26
217.50	50.46	49.50	48.53	50.46
218.00	50.66	49.70	48.73	50.66
218.50	50.86	49.90	48.93	50.86
219.00	51.06	50.10	49.13	51.06
219.50	51.26	50.30	49.33	51.26
220.00	51.46	50.50	49.53	51.46
220.50	51.66	50.70	49.73	51.66
221.00	51.86	50.90	49.93	51.86
221.50	52.06	51.10	50.13	52.06
222.00	52.26	51.30	50.33	52.26
222.50	52.46	51.50	50.53	52.46
223.00	52.66	51.70	50.73	52.66
223.50	52.86	51.90	50.93	52.86
224.00	53.06	52.10	51.13	53.06
224.50	53.26	52.30	51.33	53.26
225.00	53.46	52.50	51.53	53.46
225.50	53.66	52.70	51.73	53.66
226.00	53.86	52.90	51.93	53.86
226.50	54.06	53.10	52.13	54.06
227.00	54.26	53.30	52.33	54.26
227.50	54.46	53.50	52.53	54.46
228.00	54.66	53.70	52.73	54.66
228.50	54.86	53.90	52.93	54.86
229.00	55.06	54.10	53.13	55.06
229.50	55.26	54.30	53.33	55.26
230.00	55.46	54.50	53.53	55.46
230.50	55.66	54.70	53.73	55.66
231.00	55.87	54.91	53.95	55.87
231.50	56.09	55.13	54.17	56.09
232.00	56.32	55.36	54.40	56.32
232.50	56.54	55.58	54.62	56.54
233.00	56.77	55.81	54.85	56.77
233.50	56.99	56.03	55.07	56.99
234.00	57.22	56.26	55.30	57.22
234.50	57.44	56.48	55.52	57.44
235.00	57.67	56.71	55.75	57.67
235.50	57.89	56.93	55.97	57.89
236.00	58.12	57.16	56.20	58.12
236.50	58.34	57.38	56.42	58.34
237.00	58.57	57.61	56.65	58.57
237.50	58.79	57.83	56.87	58.79
238.00	59.02	58.06	57.10	59.02
238.50	59.24	58.28	57.32	59.24
239.00	59.47	58.51	57.55	59.47
239.50	59.69	58.73	57.77	59.69
240.00	59.92	58.96	58.00	59.92
240.50	60.14	59.18	58.22	60.14
241.00	60.37	59.41	58.45	60.37
241.50	60.59	59.63	58.67	60.59
242.00	60.82	59.86	58.90	60.82
242.50	61.04	60.08	59.12	61.04
243.00	61.27	60.31	59.35	61.27
243.50	61.49	60.53	59.57	61.49
244.00	61.72	60.76	59.80	61.72
244.50	61.94	60.98	60.02	61.94
245.00	62.17	61.21	60.25	62.17
245.50	62.39	61.43	60.47	62.39
246.00	62.62	61.66	60.70	62.62
246.50	62.84	61.88	60.92	62.84
247.00	63.07	62.11	61.15	63.07
247.50	63.29	62.33	61.37	63.29
248.00	63.52	62.56	61.60	63.52
248.50	63.74	62.78	61.82	63.74
249.00	63.97	63.01	62.05	63.97
249.50	64.19	63.23	62.27	64.19
250.00	64.42	63.46	62.50	64.42
250.50	64.64	63.68	62.72	64.64
251.00	64.87	63.91	62.95	64.87
251.50	65.09	64.13	63.17	65.09
252.00	65.32	64.36	63.40	65.32
252.50	65.54	64.58	63.62	65.54
253.00	65.77	64.81	63.85	65.77
253.50	65.99	65.03	64.07	65.99
254.00	66.22	65.26	64.30	66.22
254.50	66.44	65.48	64.52	66.44
255.00	66.67	65.71	64.75	66.67
255.50	66.89	65.93	64.97	66.89
256.00	67.12	66.16	65.20	67.12
256.50	67.34	66.38	65.42	67.34
257.00	67.57	66.61	65.65	67.57
257.50	67.79	66.83	65.87	67.79
258.00	68.02	67.06	66.10	68.02
258.50	68.24	67.28	66.32	68.24
259.00	68.47	67.51	66.55	68.47
259.50	68.69	67.73	66.77	68.69
260.00	68.92	67.96	67.00	68.92
260.50	69.14	68.18	67.22	69.14
261.00	69.37	68.41	67.45	69.37
261.50	69.59	68.63	67.67	69.59
262.00	69.82	68.86	67.90	69.82
262.50	70.04	69.08	68.12	70.04
263.00	70.27	69.31	68.35	70.27
263.50	70.49	69.53	68.57	70.49
264.00	70.72	69.76	68.80	70.72
264.50	70.94	69.98	69.02	70.94
265.00	71.17	70.21	69.25	71.17
265.50	71.39	70.43	69.47	71.39
266.00	71.62	70.66	69.70	71.62
266.50	71.84	70.88	69.92	71.84
267.00	72.07	71.11	70.15	72.07
267.50	72.29	71.33	70.37	72.29
268.00	72.52	71.56	70.60	72.52
268.50	72.74	71.78	70.82	72.74
269.00	72.97	72.01	71.05	72.97
269.50	73.19	72.23	71.27	73.19
270.00	73.42	72.46	71.50	73.42
270.50	73.64	72.68	71.72	73.64
271.00	73.87	72.91	71.95	73.87
271.50	74.09	73.13	72.17	74.09
272.00	74.32	73.36	72.40	74.32
272.50	74.54	73.58	72.62	74.54
273.00	74.77	73.81	72.85	74.77
273.50	74.99	74.03	73.07	74.99
274.00	75.22	74.26	73.30	75.22
274.50	75.44	74.48	73.52	75.44
275.00	75.67	74.71	73.75	75.67
275.50	75.89	74.93	73.97	75.89
276.00	76.12	76.16	74.20	76.12
276.50	76.34	75.38	74.42	76.34
277.00	76.57	75.61	74.65	76.57
277.50	76.79	75.83	74.87	76.79
278.00	77.02	76.06	75.10	77.02
278.50	77.24	76.28	75.32	77.24
279.00	77.47	76.51	75.55	77.47
279.50	77.69	76.73	75.77	77.69
280.00	77.92	76.96	76.00	77.92

1. Dates by which taxpayers to whom section 15(2) of this Act applies are required to furnish annual returns of income -

2. Interpretation - For the purpose of clause 1 of this Schedule the expression "balance date", in relation to income tax on income derived by any taxpayer in any year or other period, means the date of the annual balance of the taxpayer's accounts for that year or other period, being a year or other period in respect of which the taxpayer is required by this Act to furnish a return of income.

RAROTONGA, COOK ISLANDS: Printed under the authority of the Cook Islands Government, by T. KAPI, Government Printer -1972

			The rate of tax for every $1 shall be -
			The rate of tax for every $1 shall be -
On so much of the income as –				c
Does not exceed $2,000				5
Exceeds	$2000	but does not exceed	$3000	10
"	$3,000	"	$4,000	15
"	$4,000	"	$5,000	20
"	$5,000	"	$6,000	25
"	$6,000	"	$8,000	30
"	$8,000	"	$10,000	35
"	$10,000	"	$12,000	40
"	$12,000			45

Month of balance data	Date by which annual return of income to be furnished (being the date next succeeding the balance date)
January	1st day of June
February	1st " " July
March	1st " " August
April	1st " " September
May	1st " " October
June	1st " " November
July	1st " " December
August	1st " " January
September	1st " " February
October	1st " " March
November	1st " " April
December	1st " " May

1968-69,	No. 24	Income Tax Act 1968-69
1969,	No. 6	Income Tax Assessment Act 1969
1969,	No. 7	Income Tax Amendment Act 1969
1970,	No. 9	Income Tax Amendment Act 1970
1970,	No. 10	Income Tax (1969 Period Assessment) Act 1970
1970,	No. 17	Copra Act 1970, section 8

a	is the number of days he is personally present in the Cook Islands during that income year; and
b	is the sum of every rebate (being a rebate calculated as if the taxable income derived from those personal services were his total taxable income for that income year) to which he would be entitled under section 44 and section 45 of this Act if this section did not apply to him.

a	is the number of days he is personally present in the Cook Islands during that income year; and
b	is the sum of every special exemption to which he would be entitled under this Act if this section did not apply to him; and

a	is the number of days he is personally present in the Cook Islands during that income year; and
b	is the sum of every rebate from that income tax to which he would be entitled under section 44 and section 45 of this Act if this section did not apply to him.

a	is the income in respect of which it is necessary to ascertain the amount of Cook Islands tax; and
b	is the amount of the assessable income that was taken into account in calculating item c; and
c	is the amount of income tax payable by the taxpayer (before allowing any credit for foreign tax from that income tax) in respect of the income derived by him in that income year.

_a_	x	b
365

_a_	x	b
365

_a_	x	b
365

_a_	x	c
b

Cook Islands Sessional Legislation

Income Tax Act 1972