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Amendment to Section 4 of the ITA 1967 - Gains from the Disposal of Capital Asset

Updated: Nov 17


The proposed amendment to Section 4 of Act 53 introduces a significant change by inserting a new paragraph (aa), expanding the scope of income subject to taxation. Specifically, it includes "gains or profits from the disposal of capital assets" as taxable income under the Income Tax Act.

Key Points:

1) Broader Taxable Income:

Inserting paragraph (aa) broadens the categories of income subject to tax. Taxpayers must now consider gains or profits derived from the disposal of capital assets as part of their taxable income.

2) Inclusion of Capital Gains:

Previously, the Income Tax Act primarily focused on various sources of income, such as business profits, employment income, dividends, and others. With this amendment, gains or profits realised from the sale of capital assets are explicitly brought into the realm of taxable income.

3) Expanded Compliance Requirements:

Taxpayers engaging in the sale of capital assets must now adhere to additional compliance requirements associated with taxing gains or profits from such transactions. This may include detailed reporting and documentation related to capital disposals.

4) Effective Date:

The amendment takes effect from 1 January 2024. Taxpayers need to be prepared for the inclusion of gains or profits from the disposal of capital assets in their taxable income calculations starting on this date.

5) Potential Impact on Tax Liability:

Depending on the volume and nature of capital asset disposals, taxpayers may experience changes in their overall tax liability. Capital gains, now explicitly taxed, contribute to the total taxable income, potentially affecting the applicable tax rates and penalties.

6) Advisory Considerations:

Taxpayers are strongly advised to seek professional tax advice to understand the specific implications of this amendment for their financial situations. Tax consultants can provide tailored guidance on compliance, reporting, and strategies to manage potential tax implications.

7) Conclusion:

The amendment aligns with the government's effort to enhance the tax framework and ensure more comprehensive coverage of taxable income. Taxpayers, especially those involved in the disposal of capital assets, should proactively assess and adjust their tax strategies to accommodate this expansion in the scope of taxable income.

对纳税人的影响评估: 第 53 号法案第 4 条修正案


第 53 号法案(也就是我们常说的1967年所得税法令)第 4 条文的拟议修正案通过插入新的 (aa) 段引入了一项重大变更,扩大了应纳税收入 的范围。具体而言,它将 "出售资本资产的收益或利润"列为《1967年所得税法令》规定的应税收入。


1) 更广泛的应税收入:



2) 包括资本收益:


3) 扩大了合规要求:


4) 生效日期:

该修正案自 2024 年 1 月 1 日起生效。


5) 对纳税义务的潜在影响:



6) 咨询考虑:



7) 结论:




Finance (No.2) Bill 2023 -

Finance (No. 2) Bill 2023: Amendment of section 2 -

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