• Part 17: Part 17: Administration

    Amended (as from 18th June 2014)

    • Article 101 - Establishment of the Tax Department

      (1) A Tax Department shall be established by the QFC Authority pursuant to Article 6 of the QFC Law.
      (2) The Tax Department shall administer these Regulations and all aspects of QFC corporation tax.
      (3) The Tax Department shall be managed by the Director of Tax who shall determine its procedure and management.
      (4) The Tax Department shall be subject to the supervision of the QFC Authority which shall have the power and function to—
      (a) ensure that the Tax Department exercises its statutory powers and performs its statutory functions;
      (b) review the performance of the Tax Department and the use of its resources; and
      (c) give the Tax Department written directions as to the furtherance of any of its objectives or the performance of its functions.
      (5) The Tax Department shall have the following functions, among others, as set forth in these Regulations—
      (a) to investigate any contravention of, and to enforce, these Regulations and the Tax Rules;
      (b) to maintain relations with all State authorities involved in matters addressed in these Regulations, to coordinate with such authorities in the implementation of these Regulations and any rules, policies or orders issued thereunder, to provide such authorities with any documents or materials to which they have a right under these Regulations and any applicable laws, rules or regulations of the State and to represent the QFC in dealings with such authorities; and
      (c) all other functions provided for in these Regulations and the Tax Rules considered by it to be necessary, desirable or appropriate to achieve, further or assist in relation to any of the above.
      (6) The Tax Department may, at any time, of their own accord or on request from a QFC Entity, issue a concessionary statement of practice setting out that they will treat Persons as if they were entitled to—
      (a) a reduction in a liability to tax;
      (b) or any other concession relating to tax, to which they are not, or may not be, entitled in accordance with these Regulations.
      (7) A concessionary statement of practice as described in Article 101(6) is binding on the Tax Department until it is revoked by the Tax Department.
      (8) The Tax Department shall make concessionary statements of practice available to the public by such medium as they consider appropriate.
      Amended (as from 18th June 2014)

    • Article 102 - Power to Delegate

      (1) The Director of Tax may delegate to any Officer of the Tax Department any duties, powers and functions conferred or imposed on the Director of Tax under these Regulations except—
      (a) the power of delegation conferred by this Article; and
      (b) the power of authorisation under Article 138.
      (2) A delegation under Article 102(1) shall be in writing and shall specify the duties, powers and functions delegated to an Officer of the Tax Department. Any modification, extension or revocation of a delegation shall also be in writing and shall specify the modification, extension or revocation being made.
      (3) Where the Director of Tax delegates to an Officer of the Tax Department any duty, power or function under this Article, that Officer shall remain under the supervision of the Director of Tax throughout the entire period during which the delegation is in effect.
      Amended (as from 18th June 2014)

    • Article 103 - Power to Make Rules

      The QFC Authority may make rules to the extent set out in the QFC Law, these Regulations and any other related Regulations made under the QFC Law conferring powers, duties or functions on the QFC Authority as it deems necessary or appropriate to enable it, the Tax Department and the Director of Tax to implement, carry out or enforce their duties, functions and powers under the QFC Law, these Regulations and any other related regulations made under the QFC law.

      Amended (as from 18th June 2014)