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Waiver of withholding of tax in respect of interest paid to or discount derived by non-resident person

Income Tax (Qualifying Debt Securities) Regulations

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—(1) The conditions referred to in sections 45(9) and 45A(2) of the Act are as follows:(a)an issuer of any qualifying debt securities includes in all offering documents a statement to the effect that any person whose interest or discount derived from those securities is not exempt from tax shall include such interest or discount in a return of income made under the Act; and(b)an issuer of any qualifying debt securities, or such other person as the Authority may direct, furnishes to the Authority a return on the debt securities within such period as the Authority may specify and such other particulars in connection with those securities as the Authority may require.(2) The conditions referred to in section 45A(2A) of the Act are —(a)an issuer of any Islamic debt securities which are qualifying debt securities, and issued during the period from 1 January 2005 to 31 December 2028 (both dates inclusive), includes in all offering documents a statement to the effect that any person to whom an amount from those Islamic debt securities is payable shall, where such amount is not exempt from tax, include such amount in a return of income made under the Act;(b)an issuer of any Islamic debt securities which are qualifying debt securities, and issued during the period from 1 January 2005 to 31 December 2028 (both dates inclusive), or such other person as the Authority may direct, furnishes to the Authority —(i)a return on the debt securities within such period as the Authority may specify; and(ii)such other particulars in connection with those Islamic debt securities as the Authority may require.(3) The conditions referred to in section 45A(2B) of the Act are —(a)an issuer of any qualifying debt securities includes in all offering documents a statement to the effect that any person whose early redemption fee or redemption premium derived from those securities is not exempt from tax shall include such early redemption fee or redemption premium in a return of income made under the Act; and(b)an issuer of any qualifying debt securities, or such other person as the Authority may direct, furnishes to the Authority a return on the debt securities within such period as the Authority may specify and such other particulars in connection with those securities as the Authority may require.

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