in relation to an asset, has the meaning in section 83;

means a deduction allowed under section 35;

includes an amount in kind;

has the meaning in the Tax Administration Act 2009;

has the meaning in section 3;

means a transaction between persons dealing at arm’s length with each other;

includes a capital asset, depreciable asset, intangible asset, or trading stock;

has the meaning in section 4;

includes—

• (a)trade, commerce, agriculture, manufacture, profession or vocation, but does not include employment;
• (b)a venture or concern in the nature of a trade, commerce, agriculture or manufacture; or
• (c)a profit-making undertaking or scheme not covered by paragraphs (a) or (b);

has the meaning in section 17;

means—

• (a)an intangible asset within paragraphs (a), (b), or (c) of the definition of “intangible asset” that has a limited useful life and is wholly or partly used to derive taxable business income;
• (b)a fine, premium, or other capital amount paid or payable upon the grant or transfer of a lease of land or a structural improvement to land, or expenditure incurred pursuant to an obligation to effect improvements to land or a structural improvement to land, if the land or structural improvement is wholly or partly used to derive taxable business income;
• (c)an expenditure incurred to derive taxable business income that provides an advantage or benefit for a period of more than one year, other than expenditure incurred to acquire tangible personal or real property, or an intangible asset; or
• (d)pre-commencement expenditure;

means—

• (a)real property, a structural improvement to real property, an interest in real property or an interest in a structural improvement to real property, and includes the following—
  • (i)a lease of real property;
  • (ii)a lease of a structural improvement to real property; or
  • (iii)an exploration, prospecting, development or similar right relating to real property;
  • (iv)information relating to a right referred to in subparagraph (iii);
• (b)a ship or boat;
• (c)a yacht;
• (d)a membership interest in a company, security or other financial asset;
• (e)an intangible asset;
• (f)an interest in a partnership or trust;
• (g)an airplane, helicopter or other aircraft;
• (h)an option, right or other interest in an asset referred to in the foregoing paragraphs,

but does not include an asset that is trading stock or a business intangible;

has the meaning in section 66;

means the Capital Gains Tax imposed under section 65;

means the chief executive officer of the Fiji Revenue and Customs Service appointed under section 27 of the Fiji Revenue and Customs Service Act 1998

has the meaning in section 13;

means the date specified in section 1(2);

means—

• (a)a body or association of persons corporate or unincorporated, including a statutory corporation and a company created by charter, but not including a partnership;
• (b)a foreign association of persons, other than a partnership, that the CEO has declared to be a company for the purposes of this Act; or
• (c)a trust approved as a managed investment scheme under the Companies Act 2015 and includes a unit trust to which section 743 of the Companies Act 2015 applies;

in relation to an asset, has the meaning in section 86;

in relation to an asset, has the meaning in section 85;

in relation to an individual, means an individual not of the same sex, who lives with the first mentioned individual as spouses on a genuine domestic basis although not legally married to each other;

means any tangible personal property or structural improvement to real property that—

• (a)has a useful life exceeding one year;
• (b)is likely to lose value as a result of normal wear and tear, or obsolescence; and
• (c)is used wholly or partly to derive income included in gross income;

means a deduction allowed under section 31;

means—

• (a)in the case of Income Tax, received or the arising of the right to receive as determined under section 37; or
• (b)in the case of any other tax imposed under this Act, received;

in relation to an asset, has the meaning in section 84;

in relation to a company, means—

• (a)a distribution of profits by a company to a member of the company, and includes an entitlement to income or capital profits of a unit trust;
• (b)the capitalisation of profits by the company, whether by way of a bonus share, bonus unit, or bonus debenture issue, or increase in the amount paid-up on a membership interest, or otherwise involving a credit of profits to a share or trust capital account, but does not include a bonus share, bonus unit, or bonus debenture paid out of a share or unit premium account;
• (c)an amount returned to a member of the company in respect of a membership interest in the company on a partial reduction in capital to the extent that the amount returned exceeds the amount by which the nominal value of the membership interest was reduced;
• (d)an amount returned to a member of the company on redemption or cancellation of a membership interest in the company, including on liquidation, dissolution or termination of the company, to the extent the amount distributed exceeds the nominal value of the membership interest;
• (e)in the case of a reconstruction, reorganisation or amalgamation of the company, an amount paid to a member of the company in respect of a membership interest in the company in excess of the nominal value of the membership interest before the reconstruction, reorganisation or amalgamation; or
• (f)the amount of any loan or advance, payment for an asset or service, value of any asset or service provided or any debt obligation released, by the company to, or in favour of, a member of the company or an associate of a member to the extent to which the transaction is, in substance, a distribution of profits;

means an individual engaged in employment;

means a person who engages or remunerates an employee;

includes—

has the meaning in section 15;

in relation to a deceased estate, includes any person appointed under the laws of intestacy to administer the estate;

has the meaning in section 67;

has the meaning in section 71;

has the meaning in section 20;

has the meaning in section 5;

means—

• (a)an asset referred to in paragraph (a) of the definition of “capital asset”, if the real property is located in Fiji;
• (b)a membership interest in a company, or an interest in a partnership or trust, if the assets of the company, partnership or trust consist solely or principally of Fiji assets under paragraph (a) held by the company, partnership or trust, directly or indirectly, through one or more interposed persons;
• (c)a capital asset of a permanent establishment in Fiji;
• (d)a membership interest, security or other financial asset issued by a resident person;
• (e)an interest in a resident partnership or resident trust; or
• (f)an option, right or other interest in an asset referred to in the foregoing paragraphs;

means an individual who is a citizen under the Citizenship of Fiji Act 2009;

means the Fiji National Provident Fund established under the Fiji National Provident Fund Act 1966 and continued under the Fiji National Provident Fund Act 2011;

means any person carrying on the business of receiving funds from the public or from members through the acceptance of money deposits repayable upon demand, after a fixed period, or after notice, or any similar operation through the sale or placement of bonds, certificates, notes or other securities, and the use of such funds either in whole or part for loans, investments or any other operation authorised either by law or by customary banking practices, for the account and at the risk of the person doing such business, and includes an insurance company;

means an amount to the extent to which it is not derived from sources in Fiji;

has the meaning in section 72;

means the Fringe Benefits Tax imposed under section 69;

has the meaning in section 70;

means the accounting standards issued or recommended by the Fiji Institute of Chartered Accountants under the Fiji Institute of Chartered Accountants Act 2021 and subsidiary rules from time to time in force, and in regulations made under the Companies Act 2015 and published in the Gazette, and the standards or rules are approved by the CEO;

means the Government of the Republic of Fiji;

has the meaning in section 14;

in relation to a person carrying on a business for a period, means the total business income derived by the person from carrying on the business for the period without deduction of expenditures or losses, but not including the following—

• (a)exempt income;
• (b)an amount subject to taxation under section 10, 11, or 65;
• (c)an amount subject to withholding tax under section 112;

means employment income, business income, property income, income referred to in section 14(1)(b) or (d), and deposits referred to in section 14(1)(c);

means the income tax imposed under section 8;

means—

• (a)a copyright, patent, design or model, plan, secret formula or process, trademark or other like property or right;
• (b)a contractual right, including arising as a result of a prepayment of expenditure, with a benefit for a period of more than one year;
• (c)a customer list, distribution channel, or unique name, symbol or picture, or other marketing intangible; or
• (d)goodwill;

means—

• (a)an amount, described as interest, discount, premium or otherwise, whether periodical or a lump sum, as consideration for the use of money or being given time to pay;
• (b)an amount that is functionally equivalent to an amount referred to in paragraph (a);
• (c)any amount treated as interest under section 41; or
• (d)a commitment, guarantee, service or similar fee payable in respect of a debt or other instrument or agreement giving rise to interest under paragraphs (a), (b) or (c);

means an organisation, the members of which are sovereign powers or governments of sovereign powers;

in relation to a ship, means any operation of the ship except as between 2 places in Fiji;

means any scientific, technical, commercial or industrial information, techniques, knowledge, experience or skill likely to assist in—

• (a)the carrying on of a business,
• (b)the manufacture or processing of goods or materials;
• (c)the working of a mine, oil well or other source of mineral deposits, including searching for, discovery or testing of deposits, or the winning of access thereto; or
• (d)the carrying out of any agricultural, forestry or fishing operations;

means an office, the sole activity of which is representation;

has the meaning in section 2 of the Insurance Act 1998;

has the meaning in section 2 of the Insurance Act 1998;

means an amount as consideration for the rendering of any managerial service, but does not include employment income;

in relation to a company, means a person that has a membership interest in the company, including a shareholder or a holder of an interest in a trust referred to in paragraph (c) of the definition of “company”;

in relation to a company, means an ownership interest in the company, including an interest in a trust referred to in paragraph (c) of the definition of “company”;

means the Minister responsible for finance;

means—

has the meaning in section 30;

means a retirement fund other than the Fiji National Provident Fund or an approved fund;

means an organisation that satisfies the following conditions—

• (a)the organisation is—
  • (i)an institution, body of persons or irrevocable trust established solely for the relief of poverty or distress of the public, or for the advancement of education or religion;
  • (ii)a body of persons established solely for the purpose of controlling or furthering an amateur sport or game;
  • (iii)a trade union registered under the provisions of the Employment Relations Act 2007 or an industrial association registered under the provisions of the Industrial Associations Act 1941; or
  • (iv)a club, society or association organised and operated solely for social welfare, civic management, pleasure or recreation, or any other purpose except pecuniary profit;
• (b)no part of the income or other funds of the organisation is used or are available for use for the pecuniary profit of a proprietor or member of the organisation;
• (c)the CEO has certified that the organisation is a non-profit organisation under the Regulations;

means the non-resident international shipping income tax imposed under section 11;

means a person who is not a resident person;

means a trust that is not a resident trust;

means the non-resident withholding tax imposed under section 10;

means a fixed place of business through which the business of a person is wholly or partly carried on, and includes the following—

• (a)a place of management, branch, office, factory, warehouse or workshop, but does not include a liaison office;
• (b)a mine site, oil or gas well, quarry, or other place of exploration for, or extraction of natural resources;
• (c)a building site, construction, assembly or installation project, or supervisory activities connected with such site or project, but only if the site, project, or activities continue for more than 6 months;
• (d)the furnishing of services by the person, including consultancy services, including through employees or other personnel engaged by the person for such purpose, but only if activities of that nature continue for the same or a connected project by the person or an associate for a period or periods aggregating more than 6 months in any 12-month period;
• (e)a person, other than an agent of independent status, acting on behalf of another person (referred to as the “principal”), if the first-mentioned person—
  • (i)regularly negotiates contracts on behalf of the principal; or
  • (ii)habitually maintains a stock of trading stock from which the person regularly delivers trading stock on behalf of the principal;
• (f)substantial equipment other than aircraft, aircraft engines and aircraft parts used for more than 6 months within a 12-month period, or installed by, for or under contract with the person;
• (g)carries on activities, including the operation of substantial equipment, in the exploration for or exploitation of natural resources or standing timber for a period or periods exceeding in the aggregate 90 days in any 12-month period, for or under contract with a person;

means an individual who is a permanent resident of Fiji under regulation 51 of the Immigration Regulations 2007;

means an individual, company, partnership, trust, government, political subdivision of a government, or international organisation;

means any expenditure incurred by a person before the commencement of a business if the income to be derived by the person will be wholly and exclusively included in taxable business income, other than expenditure incurred in acquiring real property, a depreciable asset, an intangible asset, or a business intangible within paragraphs (a) to (c) of the definition of “business intangible”;

means prescribed in the regulations;

means the presumptive income tax imposed under section 9;

has the meaning in section 18;

in relation to a fringe benefit, includes allow, confer, give, grant, transfer or perform;

means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December;

in relation to a person, includes—

• (a)applied on behalf of the person either at the instruction of the person or under any law;
• (b)reinvested, accumulated or capitalised for the benefit of the person;
• (c)credited to an account, or carried to any reserve, or a sinking or insurance fund for the benefit of the person; or
• (d)made available to the person;

means a bona fide lump sum payment, other than a retiring allowance—

• (a)made to an employee on termination of the employment of the employee when the termination is wholly or mainly due to the fact that the position filled by the employee is, or will become, superfluous to the needs of the employer; or
• (b)made to an individual who is a seasonal worker when the individual’s usual seasonal employment is unavailable wholly or mainly due to the fact that the individual’s position or usual position is, or will become, superfluous to the needs of the employer, but does not include the following—
  • (i)a payment relating solely to a seasonal layoff;
  • (ii)a payment contingent on the completion of either a fixed term contract or a contract to complete specified work;
  • (iii)a payment in lieu of a notice of termination of employment;
  • (iv)a payment that, if it were not made on termination of employment, would constitute monetary remuneration of the employee;
  • (v)a payment made by a company to a director pursuant to its articles of association;
  • (vi)a payment that is excessively large in relation to the earnings and length of service of the employee;

in relation to an individual, means—

• (a)an ancestor, a descendant of any of the grandparents, or an adopted child, of the individual;
• (b)an ancestor, a descendant of any of the grandparents, or an adopted child of a spouse of the individual; or
• (c)a spouse of the individual or of any person specified in paragraph (a) or (b);

means an area that is 15 or more kilometres from a town or city;

means—

• (a)any consideration for the use or occupation of, or the right to use or occupy any land or building, including any premium, fine or like amount, but not including a natural resource amount;
• (b)the fair market value of any improvement to land or a building made under an agreement for the use or occupation of, or the right to use or occupy the land or building, or by virtue of the cessation of such right; or
• (c)an amount in lieu of undertaking an improvement referred to in paragraph (b);

means a company—

• (a)that is incorporated, formed or settled in Fiji; or
• (b)that has any part of its central management and control located in Fiji;

has the meaning in section 6;

means a partnership—

• (a)that is formed in Fiji; or
• (b)that has any part of its central management and control located in Fiji;

means a resident individual, resident partnership, resident trust, resident company, the Government and a political subdivision of the Government;

means a trust—

• (a)that was settled or established in Fiji;
• (b)that is the estate of a deceased resident individual; or
• (c)in respect of which a trustee is a resident person;

means a fund established for the payment of benefits on retirement, permanent disability or death of a member of the fund;

means an amount, however described, whether periodical or a lump sum, as consideration for—

means any insurance business other than life insurance business;

has the meaning in section 7;

in relation to an individual, means an individual who is legally married to the first mentioned individual, and includes a de facto spouse;

in relation to real property, includes any building, road, driveway, car park, pipeline, bridge, tunnel, airport runway, canal, dock, wharf, retaining wall, fence, power lines, water or sewerage pipes, drainage, landscaping, or dam;

means a tax or levy imposed under this Act;

means the calendar year and includes a substituted tax year and transitional tax year under section 36;

means business income included in gross income;

means foreign-source income included in gross income;

means the telecommunications levy imposed under section 98;

means an individual who is a resident individual solely or mainly for the purposes of engaging in employment in Fiji under a contract of employment of not more than 3 years, but not including a Fijian citizen or permanent resident of Fiji;

means a third party under an arrangement with the employer or an associate of the employer;

includes—

• (a)any property produced, manufactured, purchased or otherwise acquired for manufacture, production, sale or exchange;
• (b)any materials or consumables used in the production or manufacturing process; or
• (c)livestock, other than animals used as beasts of burden or working beasts;

has the meaning in section 2 of the Trustee Act 1966 and includes the following—

• (a)the estate of a deceased person;
• (b)an entity, other than a partnership or company, created outside Fiji that has legal characteristics substantially similar to those of a trust settled or created in Fiji,

but does not include a trust referred to in paragraph (c) of the definition of “company”;

has the meaning in the Trustee Act 1966 and includes the following—

• (a)the executor of the estate of a deceased person;
• (b)a person who owes a fiduciary responsibility to an entity treated as a trust under paragraph (b) of the definition of “trust”,

but does not include a trustee of a trust referred to in paragraph (c) of the definition of “company”;

in relation to a company, means a membership interest in the company held, directly or indirectly through an interposed person or persons, by an individual or by a person not ultimately owned by individuals; and

in relation to a depreciable asset or business intangible, includes available for use and held.