No. 21. Income Tax. 1967.


the income year 1967 or any income year thereafter tax shall,
subject to and in accordance with any rules made under section
44 be deducted or withheld by the person making the payment
notwithstanding that when the payment is made no assessment
has been made in respect of the emoluments or that the tax on
the emoluments is for a year of assessment other than the
income year during which the payment is made:
 Provided that if any question arises whether any
emoluments are or are not emoluments in respect of which tax
shall be deducted or withheld pursuant to the provisions of
this section, or whether any allowances claimed in a declaration
made pursuant to section 71 should be admitted, such question
shall be determined by the Comptroller subject to any provisions
as to appeal against such determination as may be provided by
the rules made under section 44, and to the provisions of this
Ordinance relating to appeals.
 I (2) The tax liable to be deducted or withheld pursuant
to the provisions of subsection (1) of this section shall be paid
to the Comptroller by the person deducting or withholding the
same at such time or times and by such date or dates as may be
prescribed in the rules made under section 44, and on the pay-
ment thereof the Comptroller shall send to the payer a receipt
which shall to the extent of the amount referred to therein be
a good sufficient discharge of the liability of the payer for any
amount deducted or withheld pursuant to the provisions of this
section.
 (3) If any person fail to remit to the Comptroller any
 amount liable to be deducted or withheld pursuant to the pro-
 visions of subsection (1) of this section by such date or dates as
 may be prescribed in the rules made under section 44, he shall
 be liable to a penalty of five per centum of the amount or part
 thereof not remitted or ten dollars whichever is the greater in
 addition to the amount itself together with interest on the
 amount at the rate of ten per centum per annum.
 (4) All amounts deducted or withheld by any person pur-
 suant to the provisions of subsection (1) of this section shall
 be deemed to be held in trust by such person for Her Majesty,
 her heirs and successors for the use of this Colony and shall
 be kept by such person separate and apart from his own moneys
 and shall not be subject to attachment in respect of any debt or
 liability of the said person and in the event of any liquidation,
 assignment, or bankruptcy the said amount shall remain apart
 and form no part of the estate in liquidation, assignment or
 bankruptcy.