Income Tax Act (Cap. 123), article 46

46. (1) If any amounts are advanced or any assets distributed by a company to any of its shareholders by way of advances or loans, or any payment is made by the company on behalf of, or f or the individual benefit of, any o f its shareholders, so much, if any, of these advances, loans or payme nt, as, in the opinion of the Commissioner represents distri bution of income shall, for all purposes of this Act, be deemed to be dividends paid by the company to those shareholders out of profits derived by it. (2) Where the amount of any advance, loan or payment is deemed, under the last preceding sub-article, to be a dividend paid INCOME TAX [CAP. 123. 155 by a company to its shareholders, and in any year subsequent to that in which the dividend is so deemed to be paid, the company sets off any dividend distributed by it in that subsequent year , in satisfaction of the whole or part of the amount of that advance , loan or payment, that dividend shall, to the extent to which it is s o set off, be deemed not to be a divid end for the purposes of this Ac t. Certain distributions to shareholders or to partners deemed to be dividends or profits. Renumbered by: XVII. 1994.2. Amended by: I. 2010.25.