Income Tax

Person

Person includes an individual, a company, a body of persons or any government. According to this interpretation
followings are considered as persons.

i. Individuals

ii. Companies

iii. Clubs, Associations, Institutions

iv. Charitable Institutions

v. Executors

For the purposes of Inland Revenue Act, executor means an executor or administrator of a deceased
person and includes,

a) Any person who takes possession or intermeddles with the property of a deceased person.

b) Any person who has applied or is entitle to apply district court for the grant of probate or letter of
administration in respect of the estate of the deceased person.

c) A trustee acting under a trust created by the last will of the author of trust.

vi. Trustee

vii. Receiver

viii.Liquidators of companies

ix. Government- other than the government of Sri Lanka

x. Co-operative societies and public corporations etc...

Residence of persons

Companies and bodies of persons

A company or a body of persons is deemed to be resident in Sri Lanka, If ;

a). It has its registered or principal office in Sri Lanka; or

b). the control and management of its business are exercised in Sri Lanka
It follows that if neither of these conditions is satisfied the company or body of persons is non-resident.

(Section 73(1))

Residence of Individuals

Whether an individual is resident or non-resident depends normally on the length of his stay in Sri
Lanka.

a). where an individual is physically present in Sri Lanka for 183 days or more during any year of
assessment then he is deemed to be resident in Sri Lanka throughout that year of assessment.

(Section 73(2))

b). where an individual has been deemed resident for two or more consecutive year of assessment, then
he is deemed to be resident until such time as he is absent from Sri Lanka for an unbroken period of 365
days and when so absent, deemed to be non-resident from the commencement of year of assessment in
which such absence commences, notwithstanding the provisions referred to in para (a) above

(Section 73(3))

c). where an individual is present is present in Sri Lanka for a periods exceeding in the aggregate 30
days and but for such presence he would have been deemed non-resident, he will be treated as having
spent that period outside Sri Lanka.

(Section 73(4))

Example 01

Mr. Perera’s movements are as follows;

Arrival Departure

01.05.2008 25.06.2008

18.08.2008 20.11.2008

22.12.2008 13.01.2009

24.03.2009 05.05.2009

31.07.2009 28.12.2009

15.10.2009 -
Determine whether Mr. Perera resident or non- resident during the Y/A 2008/2009 & 2009/2010.

Example 02

The dates of arrival in , and departure from, Sri Lanka of Mr. X are as follows:

Arrival Departure

10.06.2006 10.08.2006

15.09.2006 15.12.2006

25.01.2007 10.03.2007

04.04.2007 20.10.2008

25.01.2009 05.02.2009

10.02.2009 25.02.2009

20.11.2009 -

Determine whether Mr. X resident or non- resident during the Y/A 2006/2007,2007/2008 and 2008/2009.