96. Persons to be treated as agent.-
(1) For the purposes of this Ordinance, the following persons shall, subject to the provisions of sub-sections (2) and (3), be treated as agent in relation to a non-resident, namely:-
(a) any person in Bangladesh-
(i) who is employed by, or on behalf of, the non-resident;
(ii) who has any business connection with the non-resident;
(iii) who holds, or controls the receipt or disposal of, any money belonging to the non-resident;
(iv) who is a trustee of the non-resident ; or
(v) from or through whom the non-resident is in receipt of any income, whether directly or indirectly ;
(b) any person, whether a resident or non-resident, who has acquired, by means of transfer, a capital asset in Bangladesh from a person residing outside Bangladesh ; and
(c) any person who, for any other reasonable cause, is declared or treated as an agent of the non-resident.
(2) An independent broker in Bangladesh, who in respect of any transaction, does not deal directly with, or on behalf of, a non-resident principal but deals with, or through, a non-resident broker, shall not be treated as an agent in relation to a non-resident in respect of such transaction if-
(a) the transaction is carried on in the ordinary course of business through the non-resident broker; and
(b) the non-resident broker is carrying on such transaction in the ordinary course of business.
(3) No person shall be treated under this Ordinance as an agent in relation to a non-resident unless he has been given by the Deputy Commissioner of Taxes an opportunity of being heard.
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