Section 93 - Avoidance of income-tax by transactions resulting in transfer of income to non-residents

Transfer causing income to flow to non-residents treated as taxable income of the transferor under anti-avoidance principle.

Where a transfer of assets, alone or with associated operations, causes income to become payable to a non-resident, any person who acquires rights enabling them to enjoy that income is deemed to have that income as their own for all purposes of the Act; this deeming also applies where a capital sum connected to the transfer is received. The deeming ceases to apply to income subsequently received, and the person can avoid deeming by satisfying the Assessing Officer that the transfer and associated operations were not for tax avoidance or were bona fide commercial transactions. Definitions clarify assets, associated operations, benefit, and circumstances constituting power to enjoy income.