(1) Subject to any express provision in this Act authorising a specified deduction, in ascertaining the assessable income of any person for any year of income no deduction is allowed in respect of—
(a) any expenditure to the extent to which it is not incurred for the purpose of producing assessable income;
(b) any expenditure incurred for domestic or private purposes including inter alia—
(i) the cost of travelling between residence and place of business,
(ii) the rent of any dwelling house or domestic offices or any part thereof as is not used in connection with the carrying on by him or her of his or her trade, business, profession or vocation,
(iii) any remuneration, or interest on capital, paid or credited to himself or herself,
(iv) the cost price of any goods taken out of the business for the use of the proprietor or any partner or their families;
(c) any expenditure incurred for the purpose of producing exempt income;
(d) any capital withdrawn or any expenditure or loss of a capital nature;
(e) any tax imposed under this Act or any previous enactment relating to tax imposed on income;
(f) any income tax or tax of a similar nature charged in a country outside Saint Lucia; or
(g) any contribution made to a pension fund which has not been approved under this Act.
(2) Despite sections 37 and 38, in ascertaining the chargeable income of any person for any year of income, no deduction shall be allowed in respect of any amount paid or payable to a—
(a) person to whom sections 77 and 78 applies; or
(b) non-resident to which section 76 applies,
unless the Comptroller is satisfied that the tax chargeable thereon has been paid.
[Amended by Act 7 of 2006]