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In forceAmended2020 Revised Edition
Contents

Part 7 · Ascertainment of Certain Income

34AB. Chargeability of profit or loss from foreign exchange differences

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Amended

Last amended by an amending law of 2022. 2 amendments in all.

(1)

This section applies where a person is a party to a transaction that is or is to be settled in a currency that is different from the functional currency in which the person’s financial statements are kept.

(2)

Despite the provisions of this Act, for the purpose of sections 10 and 14, any change in the value of any receivable or payable from the transaction that is reflected in the person’s financial statements, being a change arising from movements in the rates of the 2 currencies, is treated as —

(a)

a gain accruing to the person; or

(b)

a deductible expense,as the case may be, in the basis period in which the change is recognised as a gain or loss (as the case may be) in the profit and loss account that is part of those financial statements.

(3)

To avoid doubt, subsection (2) —

(a)

applies whether or not the gain or loss is realised; and

(b)

does not apply to a transaction the gain or loss from which is capital in nature.

(4)

Subsection (2) does not apply to a transaction relating to a financial instrument to which section 34A, 34AA or 34AAA applies.

(5)

This section does not apply to a person who made an election to the Comptroller, at the time of lodgment of the person’s return of income for the year of assessment 2004, for any of the person’s recognised gains or losses mentioned in subsection (2) that were unrealised, not to be treated as the person’s gain or loss for that year of assessment and every subsequent year of assessment, for the purposes of this Act.

(6)

However, the person mentioned in subsection (5) may in the person’s return of income for any year of assessment, make an irrevocable election to the Comptroller to be subject to this section, and, if the election is approved by the Comptroller, this section applies to that person for that year of assessment and every subsequent year of assessment.

Report

Part 8

Ascertainment of Statutory Income

Part 9

Ascertainment of Assessable Income

Part 10

Ascertainment of Chargeable Income and Personal Reliefs

Part 11

Rates of Tax

Part 12

Deduction of Tax at Source

Part 13

Allowances for Tax Charged

Part 14

Relief Against Double Taxation

Part 15

Persons Chargeable

Part 16

Returns

Part 17

Assessments and Objections

Part 18

Appeals

Part 19

Collection, Recovery and Repayment of Tax

Part 20

Offences and Penalties

Part 20A

Exchange of Information Under Avoidance of Double Taxation Arrangements and Exchange of Information Arrangements

Part 20B

International Agreements to Improve Tax Compliance

Part 21

Miscellaneous

Schedules