(1) For the purposes of this Act, the following persons shall, subject to the provisions of sub-sections (2) and (3), be deemed to be agents of a non-resident, namely:-

(a) any person in Bangladesh-

(i) who is employed by or on behalf of a non-resident;

(ii) has business dealings with non-residents;

(iii) who holds or controls the receipt or disposal of any money owned by a non-resident;

(iv) who is a trustee of a non-resident; or

(v) from whom or through whom the non-resident directly or indirectly receives any income;

(b) a resident or non-resident person who acquires by way of transfer any capital asset situated in Bangladesh from a person situated outside Bangladesh;

(c) any person who for any other reasonable cause is declared or deemed to be an agent of the non-resident.

(2) An independent broker situated in Bangladesh who transacts business with or through a non-resident broker instead of dealing directly with or on behalf of the non-resident principal shall not be deemed to be an agent of the non-resident in respect of the said transaction, if-

(a) the transaction is carried out in the ordinary course of business through a non-resident broker; and

(b) the non-resident broker carries out such transactions in the ordinary course of his business;

(3) No person shall be deemed to be an agent in relation to a nonresident under this Act without being given an opportunity of being heard by the Deputy Commissioner of Taxes.