header logo
Vallibel FD
vallible LE
Latest
Surcharge Tax Bill can be passed with simple parliamentary majority - SC
Surcharge Tax Bill can be passed with simple parliamentary majority - SC
Mobitel inner 1278

The Supreme Court has informed Speaker Mahinda Yapa Abeywardena that the Surcharge Tax Bill can be passed with a simple majority in parliament as it is in accordance with the Constitution.

 

This was conveyed by Deputy Speaker Ranjith Siyambalapitiya during today’s parliamentary session.

 

“I wish to announce to Parliament that I have received the determination of the Supreme Court in respect of the Bill entitled ‘Surcharge Tax’ which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution. On an overall consideration of the provisions of the Bill, the Supreme Court had arrived at the conclusion that neither the Bill nor any of its provision is inconsistent with Article 12 or Article 13 of the Constitution. The Supreme Court further states that in the circumstances the Bill entitled ‘Surcharge Tax’ can be validly passed by a simple majority of the Legislature. I order that the determination of the Supreme Court be printed in the Official Report of today’s proceedings of the House.”

 

The said Bill was challenged in the Supreme Court by 10 parties including main opposition Samagi Jana Balawegaya, who filed petitions claiming that the Employees’ Provident Fund (EPF) and the Employees’ Trust Fund (ETF) would also be subjected to this 25% surcharge tax as any fund that exceeds Rs. 2 billion taxable income.

 

In 2022 Budget, it was mooted that a 25% surcharge tax be imposed on individuals or companies earning an annual taxable income of Rs. 2,000 million or more.

 

However, in the case of a partnership, the income of a partner derived from a partnership shall not be taken into account when calculating the taxable income of such partner as an individual, if the tax has been paid by the partnership on such taxable income.

 

Further, on each company of a group of companies of which the aggregate of the taxable income of all subsidiaries and the holding company in that group of companies having an income over Rs. 2 billion, a 25% surcharge tax will be charged on the taxable income.

 

It is to be a one-time tax payable by high-value taxpayers in 2022 for their income in the tax year of 2020/21 while the objective of this special tax was to raise the necessary revenue to finance the Government expenditure programs for the year undisturbed.

 

Earlier this month, the Attorney General informed the Supreme Court that one-time surcharge tax of 25% does not include 13 retirement funds including EPF and the ETF.

 

 

 

Disclaimer: All the comments will be moderated by the AD editorial. Abstain from posting comments that are obscene, defamatory or slanderous. Please avoid outside hyperlinks inside the comment and avoid typing all capitalized comments. Help us delete comments that do not follow these guidelines by flagging them (mouse over a comment and click the flag icon on the right side). Do use these forums to voice your opinions and create healthy discourse.

Comments

0
Comments are disabled

Note: Due to legal constraints, the Ada Derana Editorial team has taken a decision to disable comments on all articles concerning ongoing court procedures.

MostRead
Mobitel 1278
VideoStories
Heavy rains expected in Northern and Eastern areas  - Met Department warns

Heavy rains expected in Northern and Eastern areas - Met Department warns

Van driver arrested after collision with motorcycle  kills father and son in Chavakachcheri

Van driver arrested after collision with motorcycle kills father and son in Chavakachcheri

Laugfs Gas CEO apologises to consumers  over LP gas shortage, explains price hike

Laugfs Gas CEO apologises to consumers over LP gas shortage, explains price hike

Policy inconsistencies hinder investor confidence   - Tax specialist says at post-budget forum

Policy inconsistencies hinder investor confidence - Tax specialist says at post-budget forum

SEC backs key 2027 Budget proposals  to strengthen capital market

SEC backs key 2027 Budget proposals to strengthen capital market

‘AI Center of Excellence’ aims to develop industry-specific solutions-Dy Minister of Digital Economy

‘AI Center of Excellence’ aims to develop industry-specific solutions-Dy Minister of Digital Economy

JVP marks 37th November Heroes’ Day  under President’s patronage today

JVP marks 37th November Heroes’ Day under President’s patronage today

Debate on Second Reading of 2027 Budget  gets underway in Parliament

Debate on Second Reading of 2027 Budget gets underway in Parliament

SC clears PSTA Bill for passage with simple majority; Four amendments required at Committee Stage

SC clears PSTA Bill for passage with simple majority; Four amendments required at Committee Stage

 Rajangane Saddharathana involved inclash at A’pura protest siteThree monks takeninto police custody

Rajangane Saddharathana involved inclash at A’pura protest siteThree monks takeninto police custody

 2027 Budget deficit projected at Rs.1.75 trillion;Tax-free income threshold increased to Rs.162,500

2027 Budget deficit projected at Rs.1.75 trillion;Tax-free income threshold increased to Rs.162,500

President presents 2027 Budget in Parliament;Calls for national unity to build Sri Lanka’s future

President presents 2027 Budget in Parliament;Calls for national unity to build Sri Lanka’s future

Several areas including Colombo receive heavy rains | Rainfall likely to increase on Nov 14, 15 & 16

Several areas including Colombo receive heavy rains | Rainfall likely to increase on Nov 14, 15 & 16

 President to deliver 2027 Budget Speech tomorrow | Focus on macro picture of Budget – Dy Minister

President to deliver 2027 Budget Speech tomorrow | Focus on macro picture of Budget – Dy Minister

Pilotless passenger drone makes inaugural flight in Sri Lanka

Pilotless passenger drone makes inaugural flight in Sri Lanka

Lassana Flora