Article 76 bis 4 aligns the tax treatment of 'profit' in Islamic finance with 'interest' in conventional finance. It mandates that any amounts received 'in lieu of interest' are treated as taxable income under Article 35. Conversely, any amounts spent 'in lieu of interest' are treated as deductible expenses, subject to the rules issued by the Chairman under Article 59. This ensures that the economic equivalent of interest in a Sharia-compliant transaction is recognized by the Tax Authority, providing level footing for both Islamic and conventional financial institutions and their clients.
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 4
[GTL Notes: Treatment of Interest in Islamic Transactions]
The following shall be taken into account when determining the taxable income in accordance with the provisions of this chapter:
Any amounts received by the person in lieu of interests in application of Article 35 (item 6) of this Law, shall be treated as income;
Any amounts spent by the person in lieu of interests in accordance with the rules issued by the Chairman in application of Article 59 of this Law, shall be treated as expense.
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