Article 76 bis 3 provides a specific clarification regarding the definition of income in the context of Islamic finance. It stipulates that income arising from rent or usufruct in the cases described under Article 76 bis 2 (item 3)—where the lease is conducted solely to comply with Sharia—shall not be considered 'income' under the general definition of Article 35. This ensures that the lease payments which function as a financing mechanism are not double-taxed or mischaracterized, maintaining the legislative intent of treating Islamic and conventional finance with fiscal parity.
Part 3 - Chargeability to Tax
Chapter 2 bis - Provisions Concerning the Determination of Taxable Income for Parties in Financial Islamic Transactions
Section 2 - Rules Pertaining to Certain Types of Income and Expenses
Article 76 bis 3
[GTL Notes: Rent and Usufruct Income Exclusion]
In application of the provisions of Article 35 of this Law, the Income arising in consideration of rent or usufruct in the case provided for in [Article 76 bis (2), (item 3)] thereof shall not be considered.
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