• No results found

Assignment on Income Tax Authorities in Bangladesh

N/A
N/A
Protected

Academic year: 2021

Share "Assignment on Income Tax Authorities in Bangladesh"

Copied!
33
0
0

Loading.... (view fulltext now)

Full text

(1)

Submitted to : Submitted by :

Md. Shakhawat Hossain Selim Faculty, School of Business Course: Taxation [BBA-2603] AUB, Dhanmondi Campus Dhaka, Bangladesh.

Shantanu Das (Leader) BBA, 29th Batch (MKT) ID: 200712883

AUB, Dhanmondi Campus Dhaka, Bangladesh. Eftekhar Anam Rasel BBA, 29th Batch (MKT) ID: 200712029

AUB, Dhanmondi Campus Dhaka, Bangladesh. Sk. Saiful Islam

BBA, 29th Batch (MKT) ID: 200710522

AUB, Dhanmondi Campus Dhaka, Bangladesh. Md. Zahangir Alam BBA, 29th Batch (FIN) ID: 200710521

AUB, Dhanmondi Campus Dhaka, Bangladesh.

ASSIGNMENT

on

Income Tax Authorities in Bangladesh

(2)

This page

is

intentionally left blank...

ffd8ffe000104a46494600010201009600960000ffe20c5849

43435f50524f46494c4500010100000c484c696e6f02100000

6d6e74725247422058595a2007ce000200090006003100006

16373704d5346540000000049454320735247420000000000

000000000000000000f6d6000100000000d32d48502020000

0000000000000000000000000000000000000000000000000

0000000000000000000000000000000000000000001163707

274000001500000003364657363000001840000006c777470

74000001f000000014626b707400000204000000147258595

a00000218000000146758595a0000022c000000146258595a

0000024000000014646d6e640000025400000070646d64640

00002c400000088767565640000034c000000867669657700

0003d4000000246c756d69000003f8000000146d656173000

0040c0000002474656368000004300000000c725452430000

043c0000080c675452430000043c0000080c6254524300000

43c0000080c7465787400000000436f707972696768742028

63292031393938204865776c6574742d5061636b617264204

36f6d70616e79000064657363000000000000001273524742

2049454336313936362d322e3100000000000000000000001

2735247422049454336313936362d322e3100000000000000

0000000000000000000000000000000000000000

(3)
(4)

National Board of Revenue – NBR

Rajashwa Bhaban

Segunbagicha, Dhaka

Telephone: +88 02 933-3444.

(5)

Serriiall

Topiic

Page No..

I Cover Page... ??...01 II

Topic/Source of the ASSIGNMENT... ...03 III Table of contents... ...04 01 Letter of Transmittal... ...05 02 Acknowledgement ????????????????????? ...06 03 Background of NBR... ...07 04

Taxation and its history... ...08 05

Tax Authorities of Bangladesh ???????????...

?????11 06

Types of Income ?????????????????????...

?????13 07

Classification of Tax systems... ?????14 08 Types of Taxation... ?????15 09 Methodology ?????????????... ?????16 9.01 Sources of Income??????????????????... ?????16 9.02 Tax Rate??????????????????????? ?????16 9.03 Tax Rebate for investment ???????????????.

?????17 9.04 Who should submit Income Tax Return? ... ?????18 9.05 Time to submit Income Tax Return ??????????...

?????18 9.06 Assessment Procedure ????????????????..

?????19 9.07 Tax withholding functions ???????????????..

?????19 9.08 Major areas for final settlement of tax liability ???????.

?????22 9.09 Fiscal incentives ???????????????????..

?????23 9.10 Avoidance of Double Taxation Agreement ????????.

?????24 10

Steps for collecting Income Tax in Bangladesh... ?????25 11

Procedure of Assessment ???????????????...

?????26 12

Problems for collecting Income Tax... ?????27 13 Conclusion... ?????31

Table of

contents:

ffd8ffe000104a464

9460001020100e10

0e20000ffe20c5849

43435f50524f46494

c4500010100000c4

84c696e6f02100000

6d6e747252474220

58595a2007ce0002

0009000600310000

616373704d534654

0000000049454320

7352474200000000

0000000000000000

0000f6d6000100000

000d32d485020200

0000000000000000

0000000000000000

0000000000000000

0000000000000000

0000000000000000

0000000000000116

3707274000001500

0000033646573630

00001840000006c7

7747074000001f000

000014626b707400

0002040000001472

58595a0000021800

0000146758595a00

00022c0000001462

58595a0000024000

000014646d6e6400

0002540000007064

6d6464000002c400

0000887675656400

00034c0000008676

696577000003d400

0000246c756d6900

0003f8000000146d6

561730000040c000

0002474656368000

004300000000c725

452430000043c000

0080c67545243000

0043c0000080c625

452430000043c000

0080c74657874000

00000436f70797269

6768742028632920

3139393820486577

6c6574742d506163

(6)

Serriiall

Topiic

Page No..

I Cover Page... ??...01 II

Topic/Source of the ASSIGNMENT... ...03 III Table of contents... ...04 01 Letter of Transmittal... ...05 02 Acknowledgement ????????????????????? ...06 03 Background of NBR... ...07 04

Taxation and its history... ...08 05

Tax Authorities of Bangladesh ???????????...

?????11 06

Types of Income ?????????????????????...

?????13 07

Classification of Tax systems... ?????14 08 Types of Taxation... ?????15 09 Methodology ?????????????... ?????16 9.01 Sources of Income??????????????????... ?????16 9.02 Tax Rate??????????????????????? ?????16 9.03 Tax Rebate for investment ???????????????.

?????17 9.04 Who should submit Income Tax Return? ... ?????18 9.05 Time to submit Income Tax Return ??????????...

?????18 9.06 Assessment Procedure ????????????????..

?????19 9.07 Tax withholding functions ???????????????..

?????19 9.08 Major areas for final settlement of tax liability ???????.

?????22 9.09 Fiscal incentives ???????????????????..

?????23 9.10 Avoidance of Double Taxation Agreement ????????.

?????24 10

Steps for collecting Income Tax in Bangladesh... ?????25 11

Procedure of Assessment ???????????????...

?????26 12

Problems for collecting Income Tax... ?????27 13 Conclusion... ?????31

Letter of Transmittal

August 12, 2010 To

Md. Shakhawat Hossain Selim Faculty, School of Business Asian University of Bangladesh Dhanmondi Campus, Dhaka.

Subject: Submission of Assignment on “Income Tax Authorities in Bangladesh”.

Dear Sir

We are pleased to submit this Assignment-report on “Income Tax Authorities in Bangladesh” for particular fulfillment of BBA Degree. This research program was taken by the help of “Three tax system of Bangladesh”, written by M.A. Akkas, and “Income Tax” written by “Mr. Mahmud” and “Purohit Bhattacharjee”. Here is the report on the observational study of “Income Tax authority in Bangladesh” you asked us to conduct last month.

We honestly believe that this report will fulfill the requirements of the project report for BBA, which will help us a lot to gain sufficient knowledge about the “Income Tax authority in Bangladesh”

We appreciate having this assignment. If you need any assistance in interpreting this report or in implementing our recommendations, please feel free to contact us: shantanudas@live.com, Contact No.: +8801717012777.

Sincerely on behalf of my Group,

Shantanu Das (Leader) ID: 200712883

BBA, 29th Batch (Marketing) Asian University of Bangladesh, Dhanmondi Campus, Dhaka.

(7)

Acknowledgement

We are very much grateful to the God first, who has given us all the abilities to perform this chore. Next, we would like to thank our respected Teacher Md. Shakhawat Hossain

Selim, Faculty of Business at AUB Dhanmondi Campus who gave us the chance to submit this Assignment Report & Presentation and also co-operated us with all kinds of rational suggestions, rehearsal and guidance.

We also like to express our gratitude to the honorable Campus Coordinator of AUB Dhanmondi Campus, Professor (Adv.) Abul Kalam Azad- without whose inspiration and company, this mission was not able to be accomplished.

At last but not the least, we are grateful to our ever-respected parents those who always give us mental support and well wishes.

ffd8ffe000

104a464946

0001010100

9700990000

ffe20c58494

3435f50524

f46494c450

0010100000

c484c696e6

f021000006

d6e7472524

7422058595

a2007ce000

2000900060

0310000616

373704d534

6540000000

0494543207

3524742000

0000000000

0000000000

00000f6d60

0010000000

0d32d48502

0200000000

0000000000

0000000000

0000000000

0000000000

0000000000

0000000000

0000000000

0000000000

0000000116

3707274000

0015000000

0336465736

3000001840

000006c777

4707400000

(8)

Background of NBR

The National Board of Revenue (NBR) is the central authority for tax administration in Bangladesh. It was established by President's Order No. 76 of 1972. Administratively, it is under the Internal Resources Division (IRD) of the Ministry of Finance (MoF). MoF has 3 Divisions, headed by 3 permanent Secretaries to the Government, namely, the Finance Division the Internal Resources Division (IRD) and the Economic Relations Division (ERD). The Secretary, IRD is the ex-officio Chairman of NBR. NBR is responsible for formulation and continuous re-appraisal of tax-policies and tax-laws, negotiating tax treaties with foreign governments and participating in inter-ministerial deliberations on economic issues having a bearing on fiscal policies and tax administration.

The main responsibility of NBR is to collect domestic revenue (primarily, Import Duties and Taxes, VAT and Income Tax) for the government. Other responsibilities include administration of all matters related to taxes, duties and other tax producing fees. Under the overall control of IRD, NBR administers the Excise, VAT, Customs and Income-Tax services consisting of 3434 officers of various grades and 10195 supporting staff positions (Approved set up as on 09 Feb., 2000 AD).

Negotiating tax treaties with foreign governments and participating in inter-ministerial deliberations on economic issues having a bearing on fiscal policies and tax administration are also NBR's responsibilities. The main responsibility of NBR is to mobilize domestic resources through collection of import duties and taxes, VAT and income tax for the government. Side by side with collection of taxes, facilitation of international trade through quick clearance of import and export cargoes has also emerged as a key role of NBR. Other responsibilities include administration of matters related to taxes, duties and other revenue related fees/charges and prevention of smuggling. Under the overall control of IRD, NBR administers the excise, VAT, customs and income-tax services consisting of 3434 officers of various grades and 10195 supporting staff positions.

(9)

Taxation and its history

Taxation- one of the major sources of public revenue to meet a country's revenue and development expenditures with a view to accomplishing some economic and social objectives, such as redistribution of income, price stabilization and discouraging harmful consumption. It supplements other sources of public finance such as issuance of currency notes and coins, charging for public goods and services and borrowings. The term “Tax” has been derived from the French word “Taxe” and etymologically, the Latin word “Taxare” is related to the term 'tax', which means 'to charge'. Tax is 'a contribution exacted by the state'. It is a non-penal but compulsory and unrequited transfer of resources from the private to the public sector, levied based on predetermined criteria.

According to Article 152(1) of the Constitution of Bangladesh, taxation includes the imposition of any tax, rate, duty or impost, whether general, local or special, and tax shall be construed accordingly. Rate is a local tax imposed by local government on its residents or the property owners of the locality, a duty is a tax levied on a commodity, and an impost is a tax imposed for an entry into a country. Under the provision of article 83 of the Constitution, "no tax shall be levied or collected except by or under the authority of an Act of Parliament".

Bangladesh inherited a system of taxation from its past British and Pakistani rulers. The system, however, developed based on generally accepted canons and there had been efforts towards rationalizing the tax administration for optimizing revenue collection, reducing tax evasion and preventing revenue leakage through system loss. Taxes include narcotics duty (collected by the Department of Narcotics Control, Ministry of Home Affairs), land revenue (administered by the Ministry of Land and collected at local Tahsil offices numbered on average, one in every two Union Parishads), non-judicial stamp (collected under the Ministry of Finance), registration fee (collected by the Registration Directorate of the Ministry of Law, Justice and Parliamentary Affairs) and motor vehicle tax (collected under the Ministry of Communication).

(10)

The tax structure in the country consists of both direct (income tax, gift tax, land development tax, non-judicial stamp, registration, immovable property tax, etc) and indirect (customs duty, excise duty, motor vehicle tax, narcotics and liquor duty, VAT, SD, foreign travel tax, TT, electricity duty, advertisement tax, etc) taxes.

The present land revenue system of Bangladesh has its base in the East Bengal state acquisition and tenancy act 1950 which established a direct contract between the taxpayer and the government.

The most important tax on the value of transferred property is the non-judicial stamp tax (levied under the Stamp Act 1899), which has been in existence since January 1899. Current rates of non-judicial stamp duty are provided in the First Schedule of the Finance Act 1998, ranging from Tk. 4 to Tk. 10,000 in case of absolute rate, or from 0.07% to 1.5% of the value of consideration in case of ad valorem rate. The judicial stamp tax is being levied under the Court Fees Act 1870, although the levy of court fees originated in the introduction of the Bengal Regulation No. 38 of 1795.

The first sales tax was introduced in the former Central Provinces of India in 1938. In Bengal, sales tax was adopted in 1941. In 1948, sales tax was transferred as a central tax under the General Sales Tax Act of 1948. The Sales Tax Act 1951 came into force on 1 July 1951 by repealing the Pakistan General Sales Tax Act of 1948. Until 1982, sales tax was being collected under the 1951 Act, which was replaced by the Sales Tax Ordinance 1982. The VAT law was promulgated by repealing the Business.

Income tax was first introduced in the subcontinent by the British in 1860 to make up the revenue deficit caused by the sepoy revolt, 1857. After independence of Bangladesh, income tax was made effective under the Income Tax Act 1922 passed on the basis of the recommendations of the All-India Income Tax Committee appointed in 1921. Currently, income tax has been imposed under the Income Tax Ordinance 1984 (ITO) promulgated on the basis of recommendations of the Final Report of the Taxation Enquiry Commission submitted in April 1979. Income taxpayers (assesses) are classified as individuals, partnership firms, Hindu undivided families (HUF), associations of persons (AOP), companies (publicly traded and private), local authorities, and other artificial juridical persons. Tax rates and scope of taxable income differ based on residential status of an assesses (resident or non-resident).

(11)

From fiscal or assessment year, (AY) 2000-01, there is a filing threshold of annual total income of Tk. 100,000 applicable for individuals (including non-resident Bangladeshis), partnership firms, HUF, AOP and assesses other than companies and local authorities. In case an identity of this group has a total annual income less than this level, he is not required to submit tax return but if someone's income is higher, he is to pay a minimum tax of Tk. 1,000.

(12)

Tax Authorities of Bangladesh

There are 3-divisions under the Ministry of Finance (MOF) and Secretary leads each division.

The Chairman of NBR (National Board of Revenue) is working under Internal Resource Division (IRD). NBR is the apex body of the Tax Administration.

It consists of two parts: (1) Customs & VAT (2) Income Tax.

Both are under the same authority. There are 4-members under NBR.

Under the NBR, a Commissioner of Taxes is the head of the department and he is in charge of a taxes Zone. There are 8-Zones in Bangladesh.

(13)

ffd8ffe000104a4649460001020100ac00ac0000ffe20c584943435f50524f46494c450001 0100000c484c696e6f021000006d6e74725247422058595a2007ce00020009000600310 000616373704d534654000000004945432073524742000000000000000000000000000 0f6d6000100000000d32d48502020000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000116370727400000150 0000003364657363000001840000006c77747074000001f000000014626b70740000020 4000000147258595a00000218000000146758595a0000022c000000146258595a00000 24000000014646d6e640000025400000070646d6464000002c40000008876756564000 0034c0000008676696577000003d4000000246c756d69000003f8000000146d65617300 00040c0000002474656368000004300000000c725452430000043c0000080c675452430 000043c0000080c625452430000043c0000080c7465787400000000436f707972696768 74202863292031393938204865776c6574742d5061636b61726420436f6d70616e79000 0646573630000000000000012735247422049454336313936362d322e3100000000000 0000000000012735247422049454336313936362d322e3100000000000000000000000 0000000000000000000000000000000

(14)

Types of Income

Income: Income means anything received in cash or in kind unless exempted by laws. 1) Assessable Income: Assessable

Incomes are those

incomes, which

are included in the determination of total income of a taxpayer. 1.

Taxable Income: Taxable Incomes are those incomes that the tax is to be paid on those incomes. Non- Taxable Income: Non – taxable income is taken into total income for taxation rate purpose but no tax is to be paid on this part of income.

2)

Non- Assessable Income: Non- assessable incomes are those incomes which are not included in the determination of total income of a taxpayer.

come

ffd8ffe000104a4649460001010100ac00860000ffe20c584943435f50524f46494c450001 0100000c484c696e6f021000006d6e74725247422058595a2007ce000200090006003100 00616373704d5346540000000049454320735247420000000000000000000000000000f 6d6000100000000d32d485020200000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000001163707274000001500 000003364657363000001840000006c77747074000001f000000014626b707400000204 000000147258595a00000218000000146758595a0000022c000000146258595a0000024 000000014646d6e640000025400000070646d6464000002c40000008876756564000003 4c0000008676696577000003d4000000246c756d69000003f8000000146d65617300000 40c0000002474656368000004300000000c725452430000043c0000080c675452430000 043c0000080c625452430000043c0000080c7465787400000000436f707972696768742 02863292031393938204865776c6574742d5061636b61726420436f6d70616e79000064 6573630000000000000012735247422049454336313936362d322e3100000000000000 0000000012735247422049454336313936362d322e3100000000000000000000000000 0000000000000000000000000000

(15)
(16)

sessable Income n-Assessable Income n-taxable Income Taxable Income

(17)

Classification of Tax systems

1.

Single Tax: Only one tax for everybody. Single tax is the poll tax or the head tax or adolescent tax, which is imposed on a person simply because he is there in the society.

1.

Multiple Taxes: A system under which different types of taxes shall be levied by the govt. according to suitability. Ex. Income Tax, VAT.

Classification of Tax System

(18)

Types of Taxation

a) Direct Tax: Direct tax is a sort of tax the impact of effect incidents and which fall back on the person on whom it is imposed. i.e.: Income Tax, Marriage Tax etc.

b) Indirect Tax: Indirect taxes are those burden of which can be passed on others through price vehicles. c) Progressive Tax: The tax rate increases as the taxable income/amount increases.

d) Regressive tax: The opposite of a progressive tax is a regressive tax where the tax rate decreases as the taxable income/amount increases.

e) Proportional Tax: In between is a proportional tax, where tax is fixed as the amount to which the rate is applied increases.

Types of Taxation

a) Direct Tax b) Indirect Tax a) Progressive Tax b) Regressive Tax c) Proportional Tax

(19)

Methodology

Among direct taxes, income tax is one of the main sources of revenue. It is a progressive tax system. Income tax is imposed on the basis of ability to pay. The more a taxpayer earns the more he should pay''- is the basic principle of charging income tax. It aims at ensuring equity and social justice.

Sources of Income:

For the purpose of computation of total income and charging tax thereon, sources of income can be classified into 7 categories, which are as follows:

Salaries

Interest on securities

Income from house property Income from agriculture

Income from business or profession Capital gains

Income from other sources.

Tax Rate (Assessment Year- 2008-09): Other than Company:

For individuals other than female taxpayers, senior taxpayers of 70 years and above and retarded taxpayers, tax payable for the

First 1,65,000/- Nil Next 2,75,000/- 10% Next 3,25,000/- 15% Next 3,75,000/- 20% Rest Amount

25%

For female taxpayers, senior taxpayers of age 70 years and above and retarded taxpayers, tax payable for the

First 1,80,000/- Nil Next 2,75,000/- 10% Next 3,25,000/- 15% Next 3,75,000/- 20% Rest Amount

(20)

Minimum tax for any individual assesses is Tk. 2,000

Non-resident Individual 25% (other than non-resident Bangladeshi) For Companies

Publicly Traded Company 27.5% Non-publicly Traded Company 37.5% Bank, Insurance & Financial Company 45% Mobile Phone Operator Company 45%

If any publicly traded company declares more than 20% dividend, 10% rebate on total tax is allowed. Tax Rebate for investment:

Rate of Rebate:

Amount of allowable investment is either up to 25% of total income or Tk. 5,00,000/- whichever is less. Tax rebate amounts to 10% of allowable investment.

Types of investment qualified for the tax rebate are:

Life insurance premium

Contribution to deferred annuity

Contribution to Provident Fund to which Provident Fund Act, 1925 applies Self contribution and employer's contribution to Recognized Provident Fund Contribution to Super Annuation Fund

Investment in approved debenture or debenture stock, Stocks or Shares Contribution to deposit pension scheme

Contribution to Benevolent Fund and Group Insurance premium Contribution to Zakat Fund

Donation to charitable hospital approved by National Board of Revenue

Donation to philanthropic or educational institution approved by the Government

Donation to socioeconomic or cultural development institution established in Bangladesh by Aga Khan Development Network

(21)

No. Heads

Section/Rule Rate

Chalan in the name of 1

Salaries Section 50

deduction at average rate Respective Zone

2

Discount on the real value of Bangladesh Bank Bills Section 50A

deduction at normal rate or maximum rate whichever is greater. LTU

3

Interest on securities Section 51

10%on interest or discount LTU

4

Supply of goods and execution of contracts and sub-contracts Section 52(Rule 16)

nil up to 1 lac, 1-5 lacs (1%), 5-15 lacs (2.5%), 15-25 lacs 3.5% and 25 lacs and above (4%) Zone-2 (Partly) & LTU

5

Indenting commission / Shipping agency commission Section 52 (Rule 17)

3.5% of the total receipt of indenting commission & 5% of total Shipping agency commission receipt Zone-2

6

Royalty, Fees for professional or technical services Section 52 A

10% of the fees Zone-8

7

Stevedoring agency & Security service Section 52 AA

7.5% of the fees Ctg. Zone-2 8

C & F agency commission Section 52 AAA

7.5% of the fees Zone-2

9

Sale of bandrolls ( for biri) Section 52B

6% of the value of bandrolls. Respective Zone

10

Compensation for acquisition of property Section 52C

6% of the compensation money Zone-2

11

Interest on saving instruments Section 52D

10% of the amount of interest (Current rate) Zone-2

12

Collection of tax from brick manufacturers Section 52F

1 Sec. = Tk.10,000/ for each brick field. 1.5 Sec. = Tk.12,000/ for each brick field. 2 Sec. = Tk.18,000/ for each brick field. Respective Zone

13

Commission on Letter of Credits Section 52I

5% of the amount of commission. LTU

14

Issuing & Renewal of trade licence Section 52K

Tk 500/- For renewal of each Lincence Zone-3 15 Trustee fees Section 52L 10% 16

Frieght Forward agency Com. Section 52M 7.5% 17 Rental power Section 52N 4% 18 Import of goods Section 53 (Rule17A) 3% of the value of imports. Zone-2

19

Income from house property (house rent) Section 53A (Rule17B)

No deduction if monthly rent is below 20,000/- 3% (if monthly rent is 20,000-40,000 Tk.) and 5% (if monthly rent is above 40,000 Tk.) Zone-2 Dha & Other outside Zone

20

Shipping business of resident Section 53AA

5% of freight Zone-2,ctg

Who should submit Income Tax Return?

If total income of any individual other than female taxpayers, senior taxpayers of 70 years and above and retarded taxpayers during the income year exceeds Tk 1,65,000/-.

If total income of any female taxpayer, senior taxpayer of 70 years and above and retarded taxpayer during the income year exceeds Tk 1,80,000/-.

If any person was assessed for tax during any of the 3 years immediately preceding the income year. A person who lives in any city corporation/paurashava/divisional HQ/district HQ and owns a building of more than one storey and having plinth area exceeding 1,600 sq. feet/owns motor car/owns membership of a club registered under VAT Law.

If any person subscribes a telephone.

If any person runs a business or profession having trade license.

Any professional registered as doctor, lawyer, income tax practitioner, Chartered Accountant, Cost & Management Accountant, Engineer, Architect and Surveyor etc.

Member of a Chamber of Commerce and Industries or a trade Association. Any person who participates in a tender.

A person who has a Taxpayer's Identification Number (TIN).

Candidate for Union Parishad, Paurashava, City Corporation or Parliament. Time to Submit Income Tax Return:

For Company By fifteenth day of July next following the income year or, where the fifteenth day of July falls before the expiry of six months from the end of the income year, before the expiry of such six months. For Other than Company Unless the date is extended, by the Thirtieth day of September next following the income year.

Consequences of Non-Submission of Return

imposition of penalty amounting to 10% of tax on last assessed income subject to a minimum of Tk. 1,000/-

In case of a continuing default a further penalty of Tk. 50/- for every day of delay.

(22)

No. Heads

Section/Rule Rate

Chalan in the name of 1

Salaries Section 50

deduction at average rate Respective Zone

2

Discount on the real value of Bangladesh Bank Bills Section 50A

deduction at normal rate or maximum rate whichever is greater. LTU

3

Interest on securities Section 51

10%on interest or discount LTU

4

Supply of goods and execution of contracts and sub-contracts Section 52(Rule 16)

nil up to 1 lac, 1-5 lacs (1%), 5-15 lacs (2.5%), 15-25 lacs 3.5% and 25 lacs and above (4%) Zone-2 (Partly) & LTU

5

Indenting commission / Shipping agency commission Section 52 (Rule 17)

3.5% of the total receipt of indenting commission & 5% of total Shipping agency commission receipt Zone-2

6

Royalty, Fees for professional or technical services Section 52 A

10% of the fees Zone-8

7

Stevedoring agency & Security service Section 52 AA

7.5% of the fees Ctg. Zone-2 8

C & F agency commission Section 52 AAA

7.5% of the fees Zone-2

9

Sale of bandrolls ( for biri) Section 52B

6% of the value of bandrolls. Respective Zone

10

Compensation for acquisition of property Section 52C

6% of the compensation money Zone-2

11

Interest on saving instruments Section 52D

10% of the amount of interest (Current rate) Zone-2

12

Collection of tax from brick manufacturers Section 52F

1 Sec. = Tk.10,000/ for each brick field. 1.5 Sec. = Tk.12,000/ for each brick field. 2 Sec. = Tk.18,000/ for each brick field. Respective Zone

13

Commission on Letter of Credits Section 52I

5% of the amount of commission. LTU

14

Issuing & Renewal of trade licence Section 52K

Tk 500/- For renewal of each Lincence Zone-3 15 Trustee fees Section 52L 10% 16

Frieght Forward agency Com. Section 52M 7.5% 17 Rental power Section 52N 4% 18 Import of goods Section 53 (Rule17A) 3% of the value of imports. Zone-2

19

Income from house property (house rent) Section 53A (Rule17B)

No deduction if monthly rent is below 20,000/- 3% (if monthly rent is 20,000-40,000 Tk.) and 5% (if monthly rent is above 40,000 Tk.) Zone-2 Dha & Other outside Zone

20

Shipping business of resident Section 53AA

5% of freight Zone-2,ctg

Assessment Procedures:

For a return submitted under normal scheme, assessment is made after hearing.

For returns submitted under Universal Self Assessment Scheme, the acknowledgement slip is determined to be an assessment order. Universal Self Assessment is of course subject to audit.

Appeal against the order of DCT: A taxpayer can file an appeal against DCT's order to the Commissioner (Appeals)/Additional or Joint Commissioner of Taxes (Appeals) and to the Taxes Appellate Tribunal against an Appeal order.

Tax withholding functions:

In Bangladesh withholding taxes are usually termed as Tax deduction and collected at source. Under this system both private and public limited companies or any other organization specified by law are legally authorized and bound to withhold taxes at some point of making payment and deposit the same to the Government Exchequer. The taxpayer receives a certificate from the withholding authority and gets credits of tax against assessed tax on the basis of such certificate.

Heads of Income Subject to deduction or collection of income tax at source with specified rates of deduction.

(23)

No. Heads

Section/Rule Rate

Chalan in the name of 1

Salaries Section 50

deduction at average rate Respective Zone

2

Discount on the real value of Bangladesh Bank Bills Section 50A

deduction at normal rate or maximum rate whichever is greater. LTU

3

Interest on securities Section 51

10%on interest or discount LTU

4

Supply of goods and execution of contracts and sub-contracts Section 52(Rule 16)

nil up to 1 lac, 1-5 lacs (1%), 5-15 lacs (2.5%), 15-25 lacs 3.5% and 25 lacs and above (4%) Zone-2 (Partly) & LTU

5

Indenting commission / Shipping agency commission Section 52 (Rule 17)

3.5% of the total receipt of indenting commission & 5% of total Shipping agency commission receipt Zone-2

6

Royalty, Fees for professional or technical services Section 52 A

10% of the fees Zone-8

7

Stevedoring agency & Security service Section 52 AA

7.5% of the fees Ctg. Zone-2 8

C & F agency commission Section 52 AAA

7.5% of the fees Zone-2

9

Sale of bandrolls ( for biri) Section 52B

6% of the value of bandrolls. Respective Zone

10

Compensation for acquisition of property Section 52C

6% of the compensation money Zone-2

11

Interest on saving instruments Section 52D

10% of the amount of interest (Current rate) Zone-2

12

Collection of tax from brick manufacturers Section 52F

1 Sec. = Tk.10,000/ for each brick field. 1.5 Sec. = Tk.12,000/ for each brick field. 2 Sec. = Tk.18,000/ for each brick field. Respective Zone

13

Commission on Letter of Credits Section 52I

5% of the amount of commission. LTU

14

Issuing & Renewal of trade licence Section 52K

Tk 500/- For renewal of each Lincence Zone-3 15 Trustee fees Section 52L 10% 16

Frieght Forward agency Com. Section 52M 7.5% 17 Rental power Section 52N 4% 18 Import of goods Section 53 (Rule17A) 3% of the value of imports. Zone-2

19

Income from house property (house rent) Section 53A (Rule17B)

No deduction if monthly rent is below 20,000/- 3% (if monthly rent is 20,000-40,000 Tk.) and 5% (if monthly rent is above 40,000 Tk.) Zone-2 Dha & Other outside Zone

20

Shipping business of resident Section 53AA

5% of freight Zone-2,ctg

Major areas for final settlement of tax liability: Tax deducted at source for the following cases is treated as final discharge of tax liabilities. No additional tax is charged or refund is allowed in the following cases:-

Supply or contract work

Band rolls of hand made cigarettes Import of goods

Transfer of properties Export of manpower Real Estate Business Export value of garments Local shipping business

Royalty, technical know-how fee Insurance agent commission. Auction purchase

Payment on account of survey by surveyor of a general insurance company Clearing & forwarding agency commission.

Transaction by a member of a Stock Exchange. Courier business

Export cash subsidy

Tax Recovery System: In case of non-payment of income tax demand the following measures can be taken against a taxpayer for realization of tax:-

Imposition of penalty

Attachment of bank accounts, salary or any other payment. Filing of Certificate case to the Special Magistrate.

(24)

Advance Payment of Tax: Every taxpayer is required to pay advance tax in four equal installments falling on 15th September; 15th December; 15th March and 15th June of each year if the latest assessed income exceeds Taka three lakh. Penalty is imposed for default in payment of any installment of advance tax. Fiscal incentives :

Following are fiscal incentives available to a taxpayer: a) Tax holiday: Tax holiday is allowed for industrial undertaking, tourist industry and physical infrastructure facility established between 1st July 2008 to 30th June 2011 in fulfillment of certain conditions. Industrial

Undertaking Eligible for Tax holiday: (i) An industry engaged in production of textile, textile machinery, jute goods, high value garments, pharmaceuticals, melamine, plastic products, ceramics, sanitary ware, steel from iron ore, MS Rod, CI Sheet, fertilizer, insecticide & pesticide, computer hardware, petro-chemicals, agriculture machinery, boilers, compressors, basic raw materials of drugs, chemicals and pharmaceuticals. (ii) An industry engaged in agro-processing, ship building, diamond cutting. Physical Infrastructure Eligible for Tax holiday: Sea or river port, container terminals, internal container depot, container freight station, LNG terminal and transmission line, CNG terminal and

transmission line, gas pipe line, flyover, mono rail, underground rail, telecommunication other than mobile phone, large water treatment plant & supply through pipe line, waste treatment plant, solar energy plant, export processing zone. Tourism Industry Eligible for Tax holiday: Residential hotel having facility of three star or more. b) Accelerated depreciation: Accelerated depreciation on cost of machinery is admissible for new industrial undertaking in the first year of commercial production 50%, in the second year 30% and in the third year 20%. c) Income derived from any Small and Medium Enterprise (SME) engaged in production of any goods and having an annual turnover of not more than taka twenty four lakh is exempt from tax. d) Industry set up in EPZ is exempt from tax for a period of 10 years from the date of commencement of commercial production. e) Income from fishery, poultry, cattle breeding, dairy farming, horticulture, floriculture, mushroom cultivation and sericulture are exempt from tax up to 30th June, 2011, subject to investing at least 10% of the exempted income that exceeds one lakh Taka, in government bonds.

(25)

f) Income derived from export of handicrafts is exempted from tax up to 30th June, 2011. g) An amount equal to 50% of the income derived from export business is exempted from tax. h) Listed companies are entitled to 10% tax rebate if they declare dividend of 20% or more. i) Income from Information Technology Enabled Services (ITES) business is exempted up to 30th June, 2011.

Avoidance of Double Taxation Agreement:

There are agreements on avoidance of double taxation between Bangladesh and 28 countries which are:- (01) United Kingdom of Great Britain and Northern Ireland (02) Singapore (03) Sweden (04) Republic of Korea (05) Canada (06) Pakistan (07) Romania (08) Sri Lanka (09) France (10) Malaysia (11) Japan (12) India (13) Germany (14) The Netherlands (15) Italy (16) Denmark (17) China (18) Belgium (19) Thailand (20) Poland (21) Philippines (22) Vietnam (23) Turkey (24) Norway (25) USA (26)

(26)

Steps for collecting Income Tax in

Bangladesh

Submission of income tax returns is generally due by: ► 30th September in case of non-companies and ► 31st December in case of companies.

Assessment is made in several procedures. They are:  Self assessment

 Presumptive assessment  Spot assessment

 Pre-audit based assessment.

However, certain percent of self assessment cases are selected for audit.

Assesses can prefer appeal if aggrieved by his assessment. There are three primary forums for appeal. They are to the Appellate Commissioner/Additional Commissioner/Joint Commissioner or to the Commission for reviews. The decisions of Appellate Commissioner/Additional Commissioner/Joint Commissioner can be challenged to the next Appellate Court named as Appellate Tribunal.

Withholding tax is levy able on a number of items including contractors, imports, transfer of urban land/building, bank deposits etc.

(27)

Procedure of Assessment

Generally the followings steps are followed in case of Assessment of the Company and the Corporation:

According to Sections 28, 29 and 30 of ITO, 1984 Income from business is to be calculated after considering admissible and inadmissible expenses to this end.

Total Income of the Company is to be calculated by adding other income with income from business. Total Tax liabilities are to be determining by applying prescribed tax rate.

Net Tax liability is to be ascertained by deducting the following tax rebate from Total Tax liabilities: ►10% Tax rebate on foreign income

►Tax rebate on increased production in case of industrial company, if applicable. ►Tax rebate on export income (at rate applicable)

►Tax rebate and average rate on tax free income.

Computation of Business Income

Computation of Total Income

Determination of Total Tax Liabilities

Determination of Net Tax Liabilities

Step-1

Step-2

Step-3

Step-4

(28)

Problems for collecting Income Tax

Tax avoidance is one of the main problems for collecting Income Tax by the Income Tax Authority in Bangladesh. It is the legal utilization of the tax regime to one's own advantage, in order to reduce the amount of tax that is payable by means that are within the law. By contrast tax evasion is the general term for efforts to not pay taxes by illegal means. The term tax mitigation is a synonym for tax avoidance. Its original use was by tax advisors as an

alternative to the pejorative term of tax

avoidance. Latterly the term has also been used in

the tax regulations of some jurisdictions to distinguish tax avoidance foreseen by the

lawmakers from tax avoidance which exploits

loopholes in the law.

Based on these concepts arises the pillars of Tax Protesters as well as Tax

Resistance:

Some of those attempting not to pay tax believe

that they have uncovered interpretations of the

law that show that they are not subject to being

taxed: these individuals and groups are sometimes called tax protesters. An unsuccessful tax protestor has been attempting openly to evade tax, while a

successful one avoids tax. Tax resistance is the

declared refusal to pay a tax for

conscientious reasons (because the resister

does not want to support the government or some

of its activities). Tax resistors typically do not take

the position that the tax laws are

themselves illegal or do not apply to them (as tax

protesters do) and they are more concerned with not paying for particular government policies that they oppose.

ffd8ffe000104a4649460001020100c800c80000f

fe20c584943435f50524f46494c4500010100000c

484c696e6f021000006d6e74725247422058595a

2007ce00020009000600310000616373704d534

654000000004945432073524742000000000000

0000000000000000f6d6000100000000d32d4850

202000000000000000000000000000000000000

000000000000000000000000000000000000000

000000000000000000001163707274000001500

000003364657363000001840000006c77747074

000001f000000014626b70740000020400000014

7258595a00000218000000146758595a0000022

c000000146258595a0000024000000014646d6e

640000025400000070646d6464000002c400000

088767565640000034c00000086766965770000

03d4000000246c756d69000003f8000000146d65

61730000040c000000247465636800000430000

0000c725452430000043c0000080c67545243000

0043c0000080c625452430000043c0000080c746

5787400000000436f70797269676874202863292

031393938204865776c6574742d5061636b6172

6420436f6d70616e790000646573630000000000

000012735247422049454336313936362d322e3

100000000000000000000001273524742204945

4336313936362d322e310000000000000000000

00000000000000000000000000000000000

(29)

Responses to tax avoidance:

Avoidance also reduces government revenue and brings the tax system into disrepute, so governments need to prevent tax avoidance or keep it within limits. The obvious way to do this is to frame tax rules so that there is no scope for avoidance. In practice, this has not proved achievable and has led to an ongoing battle between governments amending legislation and tax advisors' finding new scope for tax avoidance in the amended rules.

Tax evasion:

By contrast, tax evasion is the general term for efforts by individuals, firms, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability, and includes, in particular, dishonest tax reporting (such as declaring less income, profits or gains than actually earned; or overstating deductions).

Illegal income and tax evasion:

Who earn income by illegal means (gambling, theft, drug trafficking etc.) is required to report unlawful gains as income when filing annual tax returns. Suspected lawbreakers have therefore been charged with tax evasion when there is insufficient evidence to try them for their non-tax related crimes. Other times, tax evasion can be used as a "one more nail in the coffin" by prosecutors by stating that if a person earns illegal income, s/he may also be guilty of tax evasion. Those who attempt to report illegal income as coming from a legitimate source could be charged with money laundering.

(30)

Evasion of Value Added Tax (VAT):

During the latter half of the twentieth century, Value Added Tax (VAT) has emerged as a modern form of consumption tax through the world. Producers who collect VAT from the consumers may evade tax by under-reporting the amount of sales.

Control of evasion:

Level of evasion depends on a number of factors one of them being fiscal equation. People's tendency to evade income tax declines when the return for due payment of taxes is not obvious. Evasion also depends on the efficiency of the tax administration. Corruption by the tax officials often render control of evasion difficult. Tax administrations resort to various means for plugging in scope of evasion and increasing the level of enforcement.

Public opinion on tax avoidance:

Tax avoidance may be considered to be the dodging of one's duties to society, or alternatively the right of every citizen to structure one's affairs in a manner allowed by law, to pay no more tax than what is required. Attitudes vary from approval through neutrality to outright hostility. Attitudes may vary depending on the steps taken in the avoidance scheme, or the perceived unfairness of the tax being avoided.

Corruption by tax officials:

Corrupt tax officials cooperate with the tax payers who intend to evade taxes. When they detect an instance of evasion, they refrain from reporting in return for illegal gratification or bribe. Corruption by tax officials is a serious problem for the tax administration in a huge number of underdeveloped countries.

(31)

The distinction in various jurisdictions of Tax Evasion and Tax Avoidance:

The use of the terms tax avoidance and tax evasion can vary depending on the jurisdiction. In general, the term "evasion" applies to illegal actions and "avoidance" to actions within the law. The term "mitigation" is also used in some jurisdictions to further distinguish actions within the original purpose of the relevant provision from those actions that are within the letter of the law, but do not achieve its purpose.

(32)

Conclusion

Though the rate of tax revenue is to GDP is very negligible, despite the government is trying to maximize its tax revenue through different method. But the government should also remind the cannon of convenience while collecting tax from assesses.

As we are living in a civilized society - should come forward to pay taxes to government in order to conduct the administrative, defense and development activities of the country. Otherwise we would not be able to prove ourselves as civilized people.

Tax is the most important in the hand of the government to control the economy as well as the inflection. It also helps in push money to the economy, develop certain source of the economy and control some other activities of the economy. No Government can run it’s and perform administration works without collecting tax as a source of revenue. So, the Government imposes tax over the company and the corporations. On the other hand Government can also intensive to the infant and certain basic industry for protection through its tax policy.

(33)

References

Related documents

Promiscuous Pipelines continues and deepens various software experiments that artists and developers around foAM and Constant and have undertaken in recent years and links them to new

If gravity sanitary sewer is to be installed above existing water line, construct new sewer pipe so that 20 feet of ductile iron pipe is centered on water line

The 2” CPVC pipe line is used to supply the gas inside the kitchen area with Ball Valves and the.. The 2” CPVC line is used to supply the gas to the

・ For circulating purification, a new pipe (stagnant water purification line) divided from the water treatment equipment outlet line was installed to transfer water purified at

McWane Ductile (Includes Atlantic States Cast Iron Pipe Co., Clow) Sigma (Includes D.I. Joint Connector) Star Pipe Products (Includes MJ x MJ Adapter Series 100) Tyler Union.. US

Thus, a wheeled robot with the pipe diameter adaptive mechanism, which can produce an additional normal pressure to change the adhesion force between driving wheels and

Thus, the S-Index offers a simple scale that has the same physical meaning regardless of soil type and can therefore be used to compare SPQ across soil horizons, soil

(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of