Part 3 - Chargeability to Tax
Chapter 2 bis - Provisions Concerning the Determination of Taxable Income for Parties in Financial Islamic Transactions
Section 3 - Rules Relating to the Burden of Proof
Article 76 bis 7
[GTL Notes: Burden of Proof for Islamic Transactions]
In applying the provisions of this chapter, the taxpayer who concluded the agreement or the Islamic financial transaction is charged with the burden of proving the following stated issues - either at the time of submission of the return of income or when considering the tax objection, appeal or suit in compliance with the provisions of Part VI of this Law:
Such agreement concluded or the transaction entered into - in accordance with the provisions of Article 76 bis of this Law complies with the provisions of Islamic Sharia;
The agreement concluded or the transaction conducted - as referred to in item 1 of this Article - does not involve explicitly or implicitly the performance of any other financial transaction.
The license to carry on the Islamic financial business - in accordance with the provisions of Article 76 bis of this Law - was issued in compliance with the provisions in force in the State which issued the license;
The only purpose of the establishment of the company or the agreement to participate in or to dispose of the asset or money lease or usufruct thereof - in accordance with the provisions of Article 76 bis 2 of this Law - is to comply with the provisions of Islamic Sharia without performing any other financial transaction;
The amounts required to be treated as income or expenses - in compliance with the provisions of Article 76 bis 4 of this Law have been obtained or spent in lieu of interests.