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Income Tax Act (Budget Amendment) Promulgation 2008

REPUBLIC OF FIJI


INTERIM GOVERNMENT OF THE REPUBLIC OF THE FIJI ISLANDS
_________


INCOME TAX ACT (BUDGET AMENDMENT) PROMULGATION 2008 (PROMULGATION NO. 35 OF 2008)


IN EXERCISE of the powers conferred upon the Interim Government, and upon the exercise of my own deliberate judgment as President of the Republic of the Fiji Islands as to what is best and good for the people of the Republic of the Fiji Islands, and by exercise of the executive authority of the State in accordance with section 85 of the Constitution and such other powers as may appertain, and with the approval of the Cabinet, I, Josefa Iloilovatu Uluivuda, make this Promulgation-


TO AMEND THE INCOME TAX ACT (CAP. 201)


Short title and commencement

1.-(1) This Promulgation may be cited as the Income Tax Act (Amendment) (No.) Promulgation 2008, and comes into force on 1 January 2009.


Section 7C amended

2. The Income Tax Act (“the Act”) is amended under Section 7C as follows:


(i) under subsection 7C(l) by inserting the word “by” after ‘Fiji”; and


(ii) by inserting a new subsection 7(C)(5) with the following;


“(5) Tax shall be based on the profits paid or credited for remittance. Profits refer to the after tax earnings to the extent that the head office does not reinvest such amount to the Fiji branch.”


Section 9A amended

3. The Act is amended under Section 9A as follows:


(i) by repealing subsection (3)(a);


(ii) by deleting under subsection (3)(d) and (e) the amount “$120” and substituting it with “$200”;


(iii) by deleting the paragraph under subsection (5) and substituting it with the following:


“(5) Subject to sub-subsection 3(b), any depositor shall provide to the financial institution a tax identification number and documentary evidence of the depositor's identity to the satisfaction of the financial institution.”;


(iv) in subsection (7) and (8) by deleting “with subsection (3)(a)”.


(v) in subsection (14), paragraph (b) by inserting “effective for periods January to May 2008 and June to December 2008 respectively” immediately after “deducted”; and


(vi) in subsection (15A), paragraph (b) by inserting “for year ending 31 December 2008, withholding tax deducted for pay periods January to May 2008 and June to December 2008 respectively” immediately after “credited”.


New Section 16D inserted

4. The Act is amended by inserting a new Section 16D as follows:


“Tax Free Region Incentives

16D. The tax free region incentives are set out in the Twelfth Schedule.”.


Section 17 amended

5. Section 17 of the Act is amended as follows:


(i) under paragraph (55) by deleting “excluding the Colonial First State Income Fund or the Colonial First State Income and Growth Fund or the Fijian Holdings Property Trust Fund” after “[ South Pacific Stock Exchange]”;


(ii) under paragraph (63) with the following -


(a) by inserting a semi colon after “2010” in sub-section (ii);


(b) by removing the expression “to be exempt from tax for a period of 10 years” from sub-section (ii) and placing it as a paragraph below sub-section (ii);


(c) by inserting a new sub-paragraphs (iii) after the proviso as follows:


“(iii) any new operator who is granted a license from 1 January 2009 to be exempt from tax for a period of 13 years.


Provided that the business employs 50 employees or more for any 6 months within the income year and 50 percent of its services is exported;”


(d) in the last paragraph-


(i) by inserting “or (iii)” after “(ii)”; and


(ii) by inserting this new sentence after the first sentence “The tax exemption under sub-paragraph (ii) or (iii) is granted only from the date of the initial license.”


(e) by inserting a new sub-paragraph (iv) after the last paragraph with the following -


“(iv) For the purposes of this section, Information Communication Technology Business includes software development, call centers and internet service provision (excludes internet café), but does not include retail or wholesale of information technology products and the repair, sale or service of any such product;”


(iii) by inserting after paragraph (72) the following new paragraphs (73), (74), (75), (76), (77) and (78) as follows:


“(73) any dividend paid to or credited in favour of a resident from the Unit Trust of Fiji, the Colonial First State Income and Growth Fund, Colonial First State Income Fund, Fijian Holdings Unit Trust and Fijian Holdings Property Trust Fund;


(74) any interest income which accrues to or in favour of citizens of other countries recognised by Fiji in the “Fiji My Second Home” programme as administered by the Reserve Bank of Fiji, if the debtor in respect of any such interest is a financial institution in Fiji. To qualify, the applicant should fulfill the following criteria:


(i) if the applicant's age is below 50 years old, a minimum deposit of three hundred thousand dollars (FJD$300,000) and the applicant maintains the deposit in financial institutions in Fiji for a minimum of two years; or


(ii) if the applicant's age is 50 years and above, a minimum deposit of two hundred thousand dollars (FJD$200,000) and the applicant maintains the deposit in financial institutions for a minimum of two years;


To qualify the applicant must maintain a minimum balance of one hundred thousand dollars (FJD$100,000) from the third year onwards and throughout the entire stay in Fiji.


(75) any interest income which accrues to or in favour of a non-resident, including former Fiji residents who hold funds in Fiji commercial bank accounts under the Foreign Currency Account Scheme, the following will be exempt from tax:


(i) for Foreign Currency Accounts, interest income from deposits above the equivalent of three hundred thousand dollars (FJD$300,000); or


(ii) for Fiji Dollar External Accounts, any amount of interest income;


(76) the income of a taxpayer derived from a new activity in commercial agricultural farming and agro-processing as approved by the Commissioner from 1 January, 2009 to 31 December 2014 is to be exempt from tax for a period of 10 years, provided the taxpayer has:


(i) minimum level of investment of $2,000,000; and


(ii) employs 30 local employees or more for every income year;


(77) the income of a taxpayer derived from a new activity in processing agricultural commodities into bio-fuels as approved by the Commissioner from 1 January, 2009 to 31 December 2014 is to be exempt from tax for a period of 10 years provided the taxpayer has:


(i) minimum level of investment of $1,000,000; and


(ii) employs 20 local employees or more for every income year; and


(78) the income of a taxpayer derived from a new activity in renewable energy projects and power cogeneration as approved by the Commissioner is to be exempt from tax for a period of 5 years;".


Section 19A amended

6. Section 19A of the Act is amended as follows:


(i) by deleting “carrying on business in Fiji” after “not”;


(ii) by inserting a comma after the word “not”; and


(iii) by inserting “carrying on business in Fiji” after “company.


Section 21(1) amended

7. Section 21(1) of the Act is amended as follows:


(i) under paragraph (r)(i) by deleting “2008” and substituting it with “2010”;


(ii) by inserting a semi-colon after the second paragraph in (zg); and


(iii) by inserting the following new paragraphs “(zh), (zi) and (zj)” as follows:


“(zh) two times the amount of any cash donation exceeding $30,000 made by a taxpayer between 1 January, 2009 and 31 December, 2010 to the Fiji Audio Visual Committee towards the organization and sponsorship of the “Fiji International Film Festival”;


(zi) two times the amount of any cash donation exceeding $50,000 made by a taxpayer to the Poverty Relief Fund for Education (PRFE); and


(zj) two times the amount of any cash donation exceeding $50,000 made by a taxpayer in 2009 to the Hibiscus Committee in concurrence with the Commissioner towards the organization and sponsorship of the “Miss South Pacific Pageant 2009”;”.


Section 21B amended

8. Section 21B of the Act is amended under subsection (2) as follows:


(i) by deleting “0%” and substituting “50%” in the year 2009; and


(ii) by deleting “every year thereafter” and substituting it with “2010” after “and”.


Section 21C amended

9. Section 21C of the Act is amended under the word “qualifying year” in subsection (5) by deleting “2008” and substituting it with “2010”.


New Section 21F inserted

10. The Act is amended by inserting a New Section 21F with the following:


“Investment Allowance in Fixed Line Next Generation Network

21F.-(1) In determining total income, a taxpayer may, in accordance with this section claim as a deduction in a qualifying year an investment allowance equal to 60% of the qualifying expenditure.


(2) In respect of any particular asset, a taxpayer may not claim more than one investment allowance for that asset, either in the same year of assessment or any other year of assessment.


(3) A taxpayer may claim an investment allowance in respect only of -


(a) new capital assets purchased by the taxpayer, either in Fiji or in any other country and imported into Fiji; and


(b) any capital asset purchased by the taxpayer in any country other than Fiji, and imported into Fiji.


(4) If a taxpayer sells or otherwise disposes of a capital asset within 3 years of a year in which a deduction under this section was made, the amount of the deduction is deemed to be income of the taxpayer in the year that the sale or disposal took place.


(5) For the purpose of this section -


“capital asset” means any capital asset but does not include -


(a) land or buildings;


(b) passenger vehicles; or


(c) trading stock;


“investment activity” means infrastructure investment in Fixed Line Next Generation Network;


“qualifying expenditure” means expenditure of an amount (or total amounts) not less than $50,000 incurred for the purpose of acquiring a capital asset (or assets) for use in the carrying on of an investment activity;


[“qualifying year” means a year of assessment between 2009 and 2012];


Section 36 amended

11. Section 36 of the Act is amended as follows:


(i) by inserting under subsection (1) and (2) the word “or insurance broker” after the word “agent” wherever it appears; and


(ii) by inserting a new subsection (4) with the following:


“(4) For the purposes of this section, the tax shall also apply to off-shore placement of insurance.”


Section 47 amended

12. Section 47 is amended -


(i) by renumbering section 47 as new subsection “47(1)”;


(ii) by renumbering the “proviso” as a new subsection “(2)”; and


(iii) by inserting a new subsection (3) -


“(3) Every employer must indicate in the 2008 return, information of payment made for contract of service and any other payment made for pay periods January to May 2008 and June to December 2008.”.


Section 51 amended

13. Section 51 of the Act is amended by inserting a new subsection 51(3) as follows:


“(3) Notwithstanding any other provision of this Act, a husband and wife carrying on business together shall be deemed not to be partners unless it is proved to the satisfaction of the Commissioner that a husband's or wife's source of contribution to the partnership is separately and distinctively derived from their own capital contribution or personal skills.”


First Schedule amended

14. The First Schedule to the Act is amended by adding new Forms 6 and 7.


Fourth Schedule amended

15. The Fourth Schedule to the Act is amended as follows:


(i) by adding after “Table C4” the following tables:


“Table C5-Year of assessment 2009


C. COMPANIES (INCLUDING COMPANIES ACTING AS TRUSTEES)


(a) Every company, other than companies to which paragraph (b) applies ......29%


(b) Non-resident shipping companies ................................................................2%.


Table C6 -Year of assessment 2010 and every subsequent year


C. COMPANIES (INCLUDING COMPANIES ACTING AS TRUSTEES)


(a) Every company, other than companies to which paragraph (b) applies ......28%


(b) Non-resident shipping companies ..............................................................2%.”


Sixth Schedule


Paragraph 65-10 amended

16. Paragraph 65-10 of the Sixth Schedule to the Act is amended as follows:


(i) by deleting “15%” and substituting it with “35%”in sub paragraph 1; and


(ii) by deleting “$3.75” and substituting with “$8.75” in subparagraph 2.


Eleventh Schedule


Paragraph 2 amended

17. Paragraph 2 of the Eleventh Schedule to the Act is amended as follows:


(i) by inserting before “capital goods” the following:


““amenity” include features and facilities that contribute to the physical and material comfort of the tourist in a hotel or a resort;”;


(ii) by inserting a new subparagraph “(d)” after subparagraph (c) of “hotel” as follows:


“(d) for the purpose of Part 2, it includes quarters constructed for the workers of the hotel in an island resort.


(iii) by deleting “of” and substituting it with “for” after the word “exchange” under “hotel” in sub-paragraph (a);


(iv) by inserting “2 and” after the word “Part” in “provisional approval”; and


(v) by deleting within the definition of “short life investment” the following -


(a) “-”


(b) sub-paragraphs (a) and (b); and


(c)the building under sub-subparagraph (a) or (b) is completed on or before 31 December 2008;” and


substituting (a), (b) and (c) above with “over $7,000,000, and the building of the new hotel commences on or after 01 January, 2009 and the building is completed on or before 31 December 2018.”.


Paragraph 4 amended

18. The Eleventh Schedule to the Act is amended under Paragraph 4 as follows:


(i) by adding “s” in “part” after the word “other” under sub-sub-paragraph (4)(1)(c);


(ii) by inserting the word “the” after “account” in sub-paragraph 4(2); and


(iii) by deleting “Despite” and substituting it with “Notwithstanding” at the beginning of sub-paragraph 4(5).


Paragraph 5 amended

19. The Eleventh Schedule to the Act is amended under Paragraph 5 as follows:


(i) by inserting the word “provisional” before the word “approval” on the subtitle;


(ii) by deleting the word “recent” and substituting it with “current” under sub-paragraph 5(b);


(iii) by re-numbering the following as a new sub-paragraph (l) as follows:


“(l) a certified approved plan by the local authority;”; and


(iv) by re-numbering the existing sub-paragraph (l) as a new sub-paragraph (m).


New Paragraphs 5A and 5B inserted

20. The Eleventh Schedule to the Act is amended by inserting new Paragraphs 5A and 5B after Paragraph 5 as follows:


"Completion of Project

5A.-(1) Subject to the other provisions of this paragraph where a hotel owner has been given provisional approval and has completed the project, the hotel owner may apply to the Minister for final approval.


(2) An application under subparagraph (1) shall be made in writing and be supported by the following:


(a) fully audited final accounts showing the total cost of the project; and


(b) a completion certificate from the local authority.


(3) Subject to the provision of paragraph 5B the Minister shall refuse to grant final approval if the hotel owner has failed to complete the project or has failed to comply with any conditions upon which provisional approval was given.


Final approval if completed

5B. An application for final approval shall not be given unless -


(a) the Minister is satisfied that the hotel owner has in all respects completed the requirements of the project; and


(b) the project is fully completed.”


Paragraph 6 amended

21. The Eleventh Schedule to the Act is amended as follows:


(i) by inserting the word “to” after “entitled” under sub-paragraph 6(1); and


(ii) by inserting “a” after “to” under sub-paragraph 6(6).


Paragraph 7 amended

22. The Eleventh Schedule to the Act is amended under Paragraph 7 by inserting “(1)” after “21”.


Paragraph 10 amended

23. The Eleventh Schedule to the Act is amended by deleting “Despite” and substituting it with “Notwithstanding” under sub-paragraph 10(5).


Paragraph 11 amended

24. The Eleventh Schedule to the Act is amended by adding “s” before “f” under the word “satifaction” in sub-paragraph 11(2).


Paragraph 13 amended

25. The Eleventh Schedule to the Act is amended by deleting “s” under the word “followings” in sub-paragraph 13(6).


Paragraph 17 amended

26. The Eleventh Schedule to the Act is amended under Paragraph 17 as follows -


(i) by deleting-


(a) "as follows -"after the word "hotel"; and


(b) sub-paragraphs (a) and (b); and


substituting (a) and (b) above with “if the capital investment in the hotel is more than $7,000,000, for a period of 10 years” after the word “hotel”.”


Paragraph 21 amended

27. The Eleventh Schedule to the Act is amended under paragraph 21 as follows:


(i) by deleting the comma after “information”; and


(ii) by inserting the words “that the” after “information”.


Paragraph 23 amended

28. The Eleventh Schedule to the Act is amended under Paragraph 23 as follows:


(i) by deleting “short life investment package” after the word “any” in the first paragraph and substituting it with “Part 2 or Part 3 investment”; and


(ii) by inserting after the word “company” the word ‘or hotel owner”.


New Paragraph 26 inserted

29. The Eleventh Schedule to the Act is amended by inserting the following new paragraph after paragraph 25-


"Transitional

26. Any approval for hotel investment granted in this Schedule before the 1st of January, 2009 will continue to ensure the benefits provided thereof, however approval for hotel investment granted after the 1st of January, 2009 will ensure benefits under the current amendments to the Schedule."


New Twelfth Schedule added

29. The Act is amended by adding after the Eleventh Schedule the following new Schedule-


"TWELFTH SCHEDULE
(Section 16D)


_________


TAX FREE REGION INCENTIVES


PART 1 - GENERAL


Purpose

1. The purpose of this Schedule is to provide investors with certainty about the way the Minister will apply this schedule for encouragement of development in the Tax Free Region by the provision of financial inducements.


Acts to be read as one

2. This Schedule shall be read as one with the -


(a) Customs Act and the Customs Tariff Act in so far as it relates to customs and duties;


(b) Excise Act in so far as it relates to excise; and


(c) Value Added Tax Decree 1991.


Interpretation

3. In this Schedule unless the context otherwise requires -


“authorised officer” means any person appointed under paragraph (d) of Paragraph 8 of this Schedule;


“enforcement officer” means - any customs officer; an officer of the Ministry of Finance designated in writing by his respective Minister as an enforcement officer for the purpose of this Schedule;


“indigenous Fijian landowner" means any native Fijian who holds a proprietary landowning unit in the Tax Free Region and who is registered in the Native Lands Commission (Vola ni Kawa Bula) under the Native Lands Act, Cap 133.


“Minister” means the Minister responsible for Finance;


“operating licence” means a licence granted by the Minister under subparagraph (2) of Paragraph 7 of this Schedule;


“Tax Free Region” means any area under subparagraph (1) of Paragraph 4 of this Schedule.


“Trade, business or manufacture” means any activity that generates income, which the Minister may authorise any Company licensed under Paragraph 7 within a Tax Free Region.


PART 2 - ESTABLISHMENT OF TAX FREE REGION


Declaration of Tax Free Region

4. - (1) The following areas have been declared as the Tax Free Region:


(a) Vanua Levu,


(b) Rotuma,


(c) Kadavu,


(d) Levuka,


(e) Lomaiviti; and


(f) Lau.


For the purpose of this paragraph, Vanua Levu includes Taveuni, Rabi, Kioa and other islands generally included for government's administrative purpose as being in the Northern Division.


(2) Areas that may be declared Tax Free Region under subparagraph (1) of this Paragraph shall include office and other facilities required for the proper customs supervision of goods entering or leaving the Region and shall conform to the requirements of a bonded Customs Area as stipulated under Paragraph 6 of the Customs Act.


Development, management and control of Tax Free Region

5. - (1) Responsibility for the development, management and control of Tax Free Region shall vest in the Minister.


(2) The Minister may delegate responsibility for the development, management, or control of Tax Free Region to any statutory body, Government Department or company.


PART 3 - LICENSING OF TAX FREE REGION ACTIVITIES


Application for a licence in Tax Free Region

6. - (1) Any company may apply to the Minister for an operating licence.


(2) Every application under subparagraph (1) of this Paragraph shall be made in a form set out in Form 6 in the First Schedule.


Grant of Tax Free Region licence and Criteria for grant of licence

7. - (l) The Minister, when considering an application shall take into account the following matters -


(a) the company is a newly incorporated entity engaged in a new trade, business or manufacture in the Fiji Islands; and


(b) the initial level of investment is more than $2,000,000.


(2) The Minister, in concurrence with the Minister of Trade and Commerce, may grant to any company an operating licence in a form set out in Form 7 in the First Schedule authorising the carrying on of any trade, business or manufacture in a Tax Free Region.


(3) Any company seeking an operating licence for the carrying on of business in a Tax Free Region shall be required to -


(a) derive all of its income from trade, business or manufacture carried out in a Tax Free Region;


(b) generate employment opportunities for the people of Fiji;


(c) enhance, expand and improve the technological and trading capability and capacity of the economy of Fiji; and


(d) comply with any other condition deemed by the Minister to be appropriate under the circumstances.


Conditions of operating licence

8. The Minister may attach to an operating licence certain conditions including conditions in regard to the following matters -


(a) the date, fixed by the Minister after consultation with the licensee, on or before which the licensee shall commence the trade, business or manufacture authorised by the licence. The date should be no longer than 12 months from the date of the project approval;


(b) If the licensee cannot commence the trade, business or manufacture at the date fixed by the Minister, the licensee may apply in writing to the Minister to extend the time of commencement. If the Minister extends the time under this subparagraph, the commencement date will be the date determined by the Minister;


(c) the revocation of the licence if the licensee should at any time after the grant of the licence, undertake in a Tax Free Region any trade, business or manufacture not authorised by the licence; and


(d) the appointment by the licensee of an authorised officer who shall be an individual person and who shall be a resident as defined under this Act.


Revocation of licence

9. - (1) The Minister may revoke a licence if the company-


(a) has breached any conditions of the licence; or


(b) has failed to comply with any of the requirements of this Act or this Part; or


(c) has been convicted of an offence under this Act or any other written law relating to taxation, customs or excise.


(2) The Minister shall not revoke an operating licence unless a notice in writing is given informing the licensee of the intention to revoke the licence, the reasons for revoking the licence and giving the licensee at least twenty one days within which the licensee may make representation to the Minister.


(3) The Minister shall consider any representation made by the licensee and make a decision whether or not to revoke a licence.


Variation of conditions and transfer of Licence

10. - (1) The Minister, in concurrence with the Minister of Trade and Commerce, may –


(a) vary at any time the conditions of a licence; and


(b) approve the transfer of a licence to another company fulfilling the requirements set out at subparagraph (3) of Paragraph 7.


(2) The approval for the transfer of the licence shall only be made if the Commissioner is satisfied that the former company has been in operation for two consecutive years from the date of the transfer.


(3) The transferee shall only enjoy the balance of the exemptions granted under Paragraph 12.


Register of licences

11. - (l) The Minister shall establish and maintain a register of the licences granted under subparagraph (3) of Paragraph 7 of this Schedule.


(2) There shall be entered in the register in respect of each licence -


(a) the date of commencement of the licence;


(b) the name, registered address and the authorised officer of the company to which the licence was granted; and


(c) the trade, business or manufacture to which the licence relates.


(3) The register shall be kept in the Ministry of Finance in Suva and shall be open to inspection during such times as the Minister may direct.


(4) Where a licence is transferred by the licensee in accordance with sub paragraph (10) (1) (b) of this Schedule, the Company to which it is transferred shall submit its name, and registered address and authorised officer for inclusion in the register.


PART 4 - DUTY AND TAX EXEMPTIONS


Duty and tax exemptions for licensed activities in Tax Free Region

12. A licence granted by the Minister under subparagraph (2) of Paragraph 7 shall provide, for a period of thirteen consecutive fiscal years from the commencement year of such a licence, the exemption of the licensee, in accordance with the Customs Tariff Act, the Excise Act and this Act, from the payment of the following-


(a) duties leviable on the importation or purchase ex bond or excise duty leviable on purchase ex-excise factory of raw materials, machinery and equipment (including parts and materials) insofar as they are required for the establishment of the business in the Tax Free Region;


(b) tax normally leviable on chargeable income under this Act in respect of a company licensed under subparagraph (2) of Paragraph 7.


13. - (1) Notwithstanding, the exemptions granted under Paragraph 12:


(a) the income of any company granted a licence under subparagraph (2) of Paragraph 7 and having beneficial Indigenous Fijian landowner equity of at least 25 percent, shall be exempted from tax on profits for an additional five consecutive fiscal years; and


(b) the income of any hotel developer granted a licence under subparagraph (2) of Paragraph 7 and having beneficial Indigenous Fijian landowner equity of at least 25 percent shall be exempted from tax on profits for an additional seven consecutive fiscal years.


Provided further that no concession shall be granted under paragraph 13 for any year, if the Commissioner is not satisfied that the shareholders of the company are substantially the same as on the date when the concession was granted. For the purposes of this paragraph, the shareholders of a company shall not be deemed to be substantially the same if 25 per cent or more of the voting power or the right to receive dividends is not held by the same person.


(2) Where such income is subjected to tax under the laws of the State of that person, then tax exemption under this paragraph will not apply.


Computation of profits and gains

14. During the period from the appointed day to the end of the accounting period in which the last day of the tax concession period falls, such depreciation shall be written off the assets of that company in calculating its profits or gains as would have been available to it under the provisions of this Act if the company were not in receipt of the concession in respect of the approved enterprise, and the written down values of such depreciable assets at the end of the accounting period in which the last day of the tax concession period falls shall be calculated accordingly:


Provided that the company shall not be obliged to claim initial allowances but such election shall in that event continue for the whole of the tax free period.


End of tax free period


15. If the end of the tax concession period does not coincide with the end of an accounting period of the company, the profits or gains for the accounting period in which the last day of the tax concession falls will be apportioned between the parts of the accounting period which precede and follow the end of such tax concession period on a time basis, and the profits or gains so attributed to the part which precedes the end of the tax concession period shall be subject to the concessions set out in this Schedule which shall also be apportioned on a time basis.


PART 5 - CUSTOMS CONTROL AND DISPOSAL OF GOODS IN TAX FREE REGION


Disposal of goods taken into Tax Free Region

16. - (1) No person shall deal with or otherwise dispose of any goods taken into a Tax Free Region except in the manner hereinafter provided.


(2) Goods in a Tax Free Region may -


(a) be removed from such Tax Free Region for export or sent into another Tax Free Region either in the original pack or otherwise; or


(b) be stored, exhibited, processed or manufactured or put to other uses in accordance with the provisions of this Schedule, or


(c) be destroyed or be disposed of as the Comptroller may direct.


Utilisation of exempted goods

17. Subject to the provisions of Paragraph 16 all goods exempted under Paragraph 12 shall be utilised only in a Tax Free Region.


PART 6 - MISCELLANEOUS


Enforcement officers

18. Enforcement officers shall be responsible for the proper and efficient administration and control of the provisions of this Schedule.


Power to make regulations


19. The Minister may make regulations for the proper administration of this Schedule.”


FORM 6


APPLICATION FOR A LICENCE IN TAX FREE REGION
[Paragraph 6(2) of the Twelfth Schedule]


Name of Applicant:...............................................................................


Company's Name:..................................................................................


Address of Company:..............................................................................


Nature of Project:..................................................................................


Initial Level of Investment:........................................................................


Date of Project Approval:..........................................................................


Proposed date of Commencement................................................................


Name and Address of Authorised Officer:......................................................


.........................................................................................................


FORM 7


GRANT OF TAX FREE REGION LICENCE
[Paragraph 7(2) of the Twelfth Schedule]


By virtue of the powers vested in me under subparagraph (2) of Paragraph 7 of the Twelfth Schedule and in concurrence with the Minister of Trade and Commerce, I hereby grant an operating licence to


............................................................................................................


(Company Name, Address, etc.)


............................................................................................................


............................................................................................................


to operate the trade, business or manufacture described below, in the TAX FREE REGION on the following terms and conditions


............................................................................................................


............................................................................................................


............................................................................................................


............................................................................................................


............................................................................................................


(Description of Trade, Business or Manufacture)


This Licence shall remain valid until it is surrendered or revoked.


Dated .......................


.......................................
MINISTER FOR FINANCE


Given under my name this 30th day of December 2008.


J. I. ULUIVUDA

President of the Republic of the Fiji Islands


__________________


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