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Revised Laws of Saint Lucia (2022)

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35. Loans or advances by a controlled company to a shareholder, director or higher paid employee

(1) Where a controlled company makes a loan or advances any money to a shareholder therein, an associate of a shareholder (within the meaning of section 39(3), a director or a higher paid employee thereof, the amount of such loan or advance shall, subject to this section, be deemed to be income accrued to the shareholder, director or employee in the income year in which the loan or advance was made, unless he or she satisfies the Comptroller that—
1. (a) the loan or advance is repaid within one year after the end of the income year in which it is made; and
1. (b) that the repayment was not made as part of a series of loans or advances and repayments.

(2) Subsection (1) shall not apply to any loan or advance made by a company in the ordinary course of its business where such business includes the lending of money.

(3) Where a loan or advance is made to which subsection (1) applies and the shareholder, associate, director or employee in a subsequent income year repays the loan or advance either wholly or in part, the shareholder, director or employee is entitled to relief, in the year of income for which the repayment is made, by way of a tax credit of so much of the tax payable for the year of income for which the amount was considered to have been income as is attributable to the amount repaid.

(4) In this section a loan or advance to a shareholder, director or employee is considered to include—
1. (a) the amount of any payment made by the company to a third person on his or her behalf; or
1. (b) the sale price of any trading stock or other property sold by the company to him or her,

in respect of which debt the shareholder, director or employee is debited in the books of account of the company.

(5) For the purpose of this section, an employee whose remuneration from a company exceeds $24,000 per annum is considered to be a higher paid employee.

35. Loans or advances by a controlled company to a shareholder, director or higher paid employee

1. Short title and application

3. Comptroller of Inland Revenue

4. Delegation by Comptroller

5. Indemnity against liability for acts done

7. Charge to tax: general

9. Income accrued: meaning of

10. Income deemed to have accrued from sources in Saint Lucia

11. Basis of assessment

12. Persons chargeable: general

13. Married women

14. Minor children: dispositions to

15. Settlements and wills

16. Revocable dispositions

17. Deceased persons

18. Estates of deceased persons

19. Incapacitated persons

20. Insolvent persons

21. Partnerships

22. Non-resident persons

23. Transactions involving liability to tax

24. Responsibility of representative taxpayers

26. Exemption: hotels

27. Exemption: income from residential accommodation

28. Exemption: interest from housing mortgages

30. Comptroller may require Company to keep special account

31. Exemption: approved enterprises for fiscal incentive relief

36. Rental income

37. Deductions allowable : general

39. Restrictions on deductions: management charges and certain payments by controlled companies to shareholder

40. Capital allowance

41. Deduction for losses

41A. Interpretation in respect of sections 41B to 41J

41B. Determination of subsidiary company

41D. Companies joining group

41E. Relief obtainable once for the same amount

41F. Aggregate of claim

41G. Capital Allowances

41H. Tax recovery

41I. Exempt companies

41J. Profits and losses and distribution or charge on income vis-a-vis group relief

41K. Exemption from stamp duty

42. Deductions not allowable under more than one provision

45. Personal allowance to individuals

46. Allowance for spouse

47. Deduction for maintenance or alimony

48. Deduction for maintenance of children

49. Deduction for education of certain children

50. Deduction for higher education

51. Allowance for housekeeper

52. Allowance for dependent relative

53. Deduction for contributions to life assurance, or other retirement benefits

55. Deduction for gifts for certain approved purposes

56. Deduction for medical expenses

57. Deductions for payments to co-operative or building society

59. Deductions for purchase of new shares in a Resident Public Company

59A. Deduction for hobby farming

59B. Deduction for community road rehabilitation works project

60. International agreement for the avoidance of double taxation

61. General insurance companies and associations of underwriters

62. Life assurance companies

63. Approved pension funds

64. Deductions dependent on place where fund established

65. Interpretation of this Part

66. Applications for registration

67. Conditions subject to which registration may be granted

68. Permitted provisions in annuity contracts

69. Registration

70. Change in annuity contracts

71. Withdrawal of registration

72. Comptroller to be notified of payments under annuity contract and to be provided with returns

73. Allowable deductions

74. Deductions for payments to a RHOS plan

77. Deduction of tax by employers

78. Deduction of tax from payments to contractors

79. Indemnification for tax paid to Comptroller

80. Rates of tax

81. Credit for tax deducted or paid

82. Credit for tax paid outside Saint Lucia

83. Calculation of tax credit for foreign tax

85. Returns of income: cessation of income during any year of income

87. Further return or information, production of books and giving of evidence to Comptroller

88. Examination of business records

89. Powers of entry

91. Submission of accounts with return of income and certificate relating to preparation of accounts

92. Principal officer of company

93. Precedent partner of partnership

94. Returns deemed to be furnished by due authority and in full knowledge of contents

95. Returns: method of furnishing

96. Returns: extensions of time for furnishing

98. Additional assessment

99. Transactions designed to avoid liability to tax

100. Reduced assessments

101. Determination of assessed loss

102. Time limits for assessments

103. Notice of assessment

104. Record of assessment

105. Finality of assessment

106. Objection to assessment

107. Decision by Comptroller on objection

108. Appeal Commissioners

109. Appeal from decision by Comptroller

110. Hearing by Appeal Commissioner

111. Right of further appeal

112. Payment of tax suspended by objection or appeal

113. Advance payment of tax

114. When tax is due and payable

115. Interest on unpaid tax

116. When tax deducted from remuneration, payments to contractors or payments to non-residents is due and payable

117. Interest on unpaid tax deductions

118. Recovery of tax by court action

119. Recovery of tax by distraint

120. Obstruction of officers

121. Recovery of tax as privileged debt by registration as judgement debt

122. Recovery of moneys from persons leaving Saint Lucia

123. Recovery of tax from assets of certain dispositions

125. Right of representative tax payer to indemnity

126. Personal liability of representative taxpayers

128. Priority of tax debt upon bankruptcy or liquidation

129. Refund of tax overpaid

130. Remission of tax

131. Penalties: general

132. Penalties: failure to furnish return of income

133. Penalties: failure to furnish correct return of income

134. Penalties: failure to pay tax by due date

136. Penalties: failure to comply with notice to give information, produce documents or give evidence to Comptroller

137. Notice of intention to impose penalty to be given

138. Sanction for prosecution

139. Offences: breach of secrecy

140. Offences: failure to comply with requirements of the Act

141. Offences: intent to evade liability to tax

142. Offences: deduction of withholding tax and tax from payments to contractors

143. Offences: by employers or employees

144. Offences: evasion of tax in relation to deduction of tax by employer

145. Aiding or abetting an offence

146. Mitigation of penalties and compounding of offences

147. Time limits for proceedings to be taken

148. Forms of notices and returns

149. Service of notices or documents

150. Change of address for service of notice

151. Regulations

152. Amendment of Schedules and rates specified in the Act

2. Interpretation

8. Scope of charge to tax

10. Income deemed to have accrued from sources whether in or outside Saint Lucia

29. Exemption: interest paid on approved borrowings by mortgage companies

32. Assessable income: general

33. Business income

34. Employment income

41C. Claim for group relief

76. Deduction of tax from payments made to non-resident

10A. Income deemed to have accrued from a source outside Saint Lucia

84. Returns of income: general

97. Assessments

38. Deductions allowable : specific

127. Recovery of tax from persons holding money for another person

86. Returns of income: where no return furnished

90. Maintenance of proper records of transactions, methods of accounting and preservation of books of account and records

75. Tax Credit in respect of Foreign Currency from Income Year 2001 onwards

75A. Employee retention tax credit

75C. Application for an employee retention tax credit

75D. Application period for an employee retention tax credit

75E. Approval of an application for an employee retention tax credit

75F. Refusal of an application for an employee retention tax credit

124. Recovery of tax from representative taxpayer

135. Penalties: failure to deduct tax or account for tax deducted

43. Expenditure for which no deduction allowable

44. Concessional deductions: general

54. Deduction for mortgage interest, rates and insurance on owner occupied property

58. Deduction for interest on student loan

75B. Eligibility for employee retention tax credit