Académique Documents
Professionnel Documents
Culture Documents
O ctober 2009
B angladesh
T ax H andbook
2009-2010
Foreword
Advisory Board:
Nurul Haque, FCA
Badrul Ahsan, FCA
Fazle R M Hasan, FCA
Faruk U. Ahammed, FCA
Humayan Kabir, ACA
JHK Windcel, Western Block, Level 4, KA-90 Pragoti Saroni (Bishwa Road), Dhaka-1229, Bangladesh
Phone: +880-2-884 0533, Fax : +880-2-986 2819, E-mail: info@bcs-bd.com, Web: www.bcs-bd.com
Index
Particulars
Changes in Taxation Laws 2009-2010
Income Tax
Value Added Tax
Summary in Taxation Laws 2009-2010
Income Tax
Definitions
Income Tax Authorities
Appellate Tribunal
Heads of Income
Income Deemed to Accrue or Arise in Bangladesh
Deemed Income
Scope of Total Income
Charge of Additional Tax
Charge of Excess Profit Tax
Income Exemption Limit
Personal Tax Rate Structure
Tax Rebate for assesses paying tax at the highest rate of 25%
Minimum Tax (Individual)
Incidence of Tax on Non-Resident
Special Tax Treatment for Investments in New Industry / Infrastructural Facility
Special Tax Treatment for Investments in BMRE of existing industry
Special Tax Treatment for Investments in Stocks & Shares
Special Tax Treatment for Investments in House Property
Income fully Exempted from Tax subject to prescribed conditions and limitations
Investment Allowance for Tax Rebate
Income from Salary
Income from House Property
Income from Interest on Securities
Income from Business or Profession
Rates of Corporate Tax are as follows:
Allowable Deductions on income from Business or Profession
Normal Depreciation Allowance
Initial depreciation
Accelerated Depreciation
Deductions are NOT admissible in certain circumstances
Capital Gains
Exemption of Capital Gains from tax
Capital Gain Tax
Income from Other Sources
Set-Off of Losses
Carry forward of loss
Carry forward of Depreciation Allowance
Withholding Tax / Tax Deducted at Source (TDS)
Procedure of deduction or collection of tax at source
Tax Holiday for newly established industrial undertaking, Tourist Industry and Physical Infrastructure facility
Tax Holiday for Hospitals
New List of eligible sectors for Tax Holiday
Advance Payment of Tax
Payment on the Basis of Return
Mode of payment of Tax by assessee
Filing of Return of Income and Statement
Assessments
Final Discharge of Tax Liability
Avoidance of Double Taxation
Relief in respect of Foreign Income
Value Added Tax
Deduction of VAT at source
Gift Tax
Gift Tax
Exemption from Gift Tax
Provisions of the Gift Act shall NOT apply to following gifts made by
Return of Gift Tax
Rates of Gift Tax
Page nos.
5-12
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25
25
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31
35
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45
55
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65
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68
Major Changes in
Bangladesh Taxation Laws
2009-2010
Income Tax
Value Added Tax
1.
2.
3.
Tax Rates
Nil
Income Slabs
i.
Tax Rates
Nil
Nil
Nil
Nil
Nil
10%
10%
ii.
15%
15%
20%
20%
25%
v.
25%
25%
Income Tax
25%
Tk. 2,000
Tk. 5,000
N/A
N/A
Income Tax
Minimum tax exempted income for female, persons aged 65 years & more (earlier 70) and
disabled assessees having only agricultural income has been Taka 230,000 and 250,000
respectively while for other assesees this limit is Taka 215,000.
04. Minimum Tax for Companies:
Minimum Tax for Companies has been fixed at Taka 5,000 irrespective of profit or loss.
5.
06. Reduction in Tax Rate of Banks, Financial Institutions & Insurance Companies:
Corporate Tax rate for Banks, Financial Institutions & Insurance Companies has been
reduced to 42.5% from 45%.
07. Special Tax Treatment for Investments in New Industry / Infrastructural Facility
(u/s 19A):
No question as to the source of investment will be asked if money is invested in a company
for setting up new industry or physical infrastructural facility between 01 July 2009 and 30
June 2010 by paying tax @ 10% before submission of the tax return. In this regard, a
declaration under Rule 25AA shall have to be furnished. New industries include:
Textiles
IT enabled services
Spinning
Computer hardware
Melamine
Agricultural machinery
Plastic products
Garments
Chemicals and
Pharmaceuticals
Ceramics
Leather goods
Sanitary ware
Toys
Insecticide, pesticide
Furniture
Petro chemicals
Tour operators
Tourism industry
Fertilizer
Foot wear
Income Tax
(2)
TIN : __________________________
(3) Name of the (a) Circle: ____________________ (b) Taxes Zone: __________________
(4)
Name of the industrial undertaking in which the investment is made/to be made ______
(5)
Income Tax
09. Special Tax Treatment for Investments in BMRE of existing industry (u/s 19AA):
No question as to the source of investment will be raised if money is invested by a
person in the expansion or balancing, modernization, renovation and expansion of an
existing industry between 01 July 2009 and 30 June 2010 by paying tax @ 10% of the sum
invested before submission of the tax return.
10. Special Tax Treatment for Investments in Stocks & Shares (u/s 19AAA):
No question as to the source of investment will be raised if money is invested
(individuals, firm, association, private company) in the purchase of Stocks and Shares of
any listed company in Bangladesh between 01 July 2009 and 30 June 2010 by paying tax @
10% on the invested amount before submission of the tax return. Provided that such
investment shall not be withdrawn or transferred for any other purpose within 2 years from
the date of purchase. Also, this will not be applicable where concealment of income
has been detected or proceedings u/s 93 have been initiated prior to payment of tax.
11.
Area
Tax Rate
12. Computer / Laptop to consider as Investment (Sixth Schedule, Part-B, Para 23):
Purchase of one computer or one laptop by an individual assessee shall qualify for
investment allowance, subject ot maximum Taka 100,000 for one toptop and Taka 50,000 for
one desktop computer.
13. Normal Depreciation Allowance on Bangladeshi Software (Third Schedule):
Normal Depreciation Allowance on Bangladeshi made Computer Software has been allowed
@ 50% { Para 3, Sl (3) (2) (b) ((vi)}.
14.
Head of withholding
NA
5% of the total
freight received or
receivable in or out
of Bangladesh.
Last year
6% of the amount of
such compensations
Income Tax
TDS 0.25% on
Export of knitwear
and woven
garments
0.015%
withdrawn
15. Tax Holiday for Housing Income (Sixth Schedule, Part-A, Para 38):
Any income derived from any building situated in any area of Bangladesh (other than areas of city
corporation, Cantonment board, Tongi Upazila, Naryangonj Paurashava, Gazipur Paurashava
and any Paurashava under Dhaka district), not less than five storied having at least ten flats,
constructed at any time between 01 July 2009 and 30 June 2014 for ten years from the date of
completion of construction of the building has been declared tax free.
16. Income Exempted on Interest / Profit from Pensioners Savings Certificate (Sixth
Schedule, Part- A, Para 41):
Any income received by an assessee as interest or profit from Pensioners Savings
Certificate is declared tax free.
17. Payment of Tax for new TIN (u/s 184 B & Rule 64B ):
New Tax registration and certificate will be issued on payment of tax of Tk. 1,000.
18.
Tax Holiday for Power Generation Companies (SRO 188/Ain/tax/2009 dated 01 July 2009):
Power Generation Companies commencing commercial production by 30 June 2012 shall
enjoy following benefits:
a. Tax holiday on the Income of the company for next 15 years from the date of
commercial production.
b.
No tax on the Income of Expatriates working for the company for 3 years from the date
of their arrival.
Income Tax
c. Interest on foreign loan.
d. Exemption of Royalty, Technical Know-how and Technical Fee payable by the company.
e. Exemption of tax on Capital Gain arisen by transfer of company's shares.
19. Tax at reduced rate for certain Industries (SRO 172-Ain/Ttax/2009 dated 30th June 2009):
Tax at concessional rate shall be applied on the income of newly established industries to be
set up between 01 July 2009 and 30 June 2012. The rate will vary from location to
location for newly established industries:
Division
Dhaka and Chittagong (except Rangamati,
Bandarban, Khagrachari)
Years
Tax rate
5%
10%
5th year
15%
5%
10%
7th year
15%
3
3
Must submit annual income tax return timely alongwith audited financial statements
20. Tax on Motor Vehicles owners (SRO 187/Ain/tax/2009 dated 01 July 2009):
Imposed Tax on the owners of Motor Vehicle is payable at the time of registration or renewal
of fitness at the following rate annually:
10
Type of Vehicles
Tk. 3,000
Tk. 4,000
Tk. 7,000
Tk. 6,000
Tk. 8,000
Micro Bus
Tk. 3,000
Paid tax will be adjusted with the tax payable by the assessee on his/her total income
This tax is not applicable for vehicle owners being government & semigovernment organizations, autonomous bodies and diplomatic missions.
21. Tax on Water Transport Vehicles (passenger) and Cargo Vessels, Costars or Dump Barge, etc.
(SRO 173-Ttax/2009 dated 30th June 2009): Imposed Tax on Water Transport Vehicles
(passenger) and Cargo Vessels, Costars or Dumpbarge, etc is payable at the time of
Registration or renewal of Survey Certificate at the following rates on the basis of its capacity:
Type of Vessels / Cargo vessels (not older
than 10 years)
Dump Barge
Dump Barge
22. Enhancement of Allowable Limit of Royalty, Technical Knowhow / Service / Assistance Fees
(u/s 30h):
Allowable limit of Royalty, Technical services fees, technical know how fee, technical
assistance fee has been enhanced to 8% of the profit, in place of 5%.
23. Special Incentive for investment in business or profession [U/S 82 BB(4) & (5)]:
No question as to source of investment made by a new assessee deriving income from new
business or profession shall be raised, if he shows income at least 25% of the capital
invested and pays tax before filing return. The initial investment or part thereof shall not be
transferred or lent out in any manner within five years from the end of assessment year.
24. Revisional Power of Commissioner (u/s 121A):
The Commissioner of Taxes has been empowered to make a revision of the order passed by
his subordinate, on application by the assessee within 60 days paying undisputed amount of
tax if no appeal has been filed or decision is pending with other authority, and pass an Order
thereon, as he thinks fit.
25. Reduced Rate of payment of tax before filing Appeal against the Order of Appellate
Joint Commissioner (u/s 158):
Provision for payment of tax before an Appeal is filed against the Order of Appellate Joint
Commissioner or Commissioner (Appeal) has been reduced to 5%, in place of 10% (u/s
158). However, assessee has to pay tax @ 10% of the difference between tax as per Order of
Appellate Joint Commissioner or Commissioner (Appeal) and Appellate Tribunal (u/s 160).
Bangladesh Tax Handbook 2009-2010
11
Income Tax
26.
Submission and authorization of any plan for construction of any house property by the
RAJUK, RDA, CDA, KDA [u/s184A (o)]
b.
12
4.
5.
6.
b. Motor bike producers will get exemption upto 30.06.2010 subject to having:
3 Powder coating plant
3 Injection molding machine
3 ETP Plant
3 Computerized testing section
3 Power press and
3 Hydraulic press machine
Enhancement of Area Regarding Turnover Tax & Cottage Industry:
a. Turnover Tax @ 4% if annual turnover of taxable goods or services is less than Taka
4,000,000 (Previous Taka 2,400,000);
b. Investment of Cottage Industry does not exceed Taka 2,500,000 (Earlier 1,500,000) and
corresponding annual turnover does not exceed Taka 4,000,000 (Earlier 2,400,000);
Scope of VAT (SRO # 179 Ain/2009/532-Mushak, dated 30.06.09)
3 Furniture sales centre
3 At production stage @ 4.5%
3 At trading stage @ 1.5% subject to having the treasury challan for payment at 4.5%
SRO # 176 Ais/2009/529-Mushak
Furniture sales centre means the place of production, repair and trade of own
production or furniture produced from other.
Others:
a. Cottage industry may involve with sub contract for production of local brand subject to
declaration of price to the VAT divisional officer. (SRO # 181-Ain/2009/534)
b. Registration for Taxable goods or Services must have at least annual turnover Taka
4,000,000; (Previous 2,400,000)
c. ATV (Advance Trade VAT is 2.25% (earlier 1.5%)
13
Income Tax
Value Added Tax
Gift Tax
Income Tax
1.
Definitions:
a.
Assessee [Section: 2(7)]: Assessee means a person by whom any tax or other sum of
money is payable under Income Tax Ordinance 1984.
b.
c.
Income [Section: 2(34)]: Income means any sum of income or gain from whatsoever
source derived, or accruing or arising or received or deemed to be accrue or arise or to
be received under any provision of IT Ordinance 1984
d.
Tax [Section: 2(62)]: Tax means the income tax payable under the Income Tax
Ordinance 1984 and include any additional tax, excess profit tax, penalty, interest, fee or
other charge leviable or payable under the IT Ordinance 1984.
e.
Income Year [Section: 2(35)]: Income Year means the financial year immediately
preceding the assessment year or when accounts are closed on a date within the
financial year, the twelve months ending on the date on which accounts are closed
f.
Assessment Year [Section: 2(9)]: Assessment Year means the period of twelve months
beginning from first day of July of every year. This is the immediate following financial
year of Income Year. Examples of Accounting Year, Income Year and Assessment year:
Accounting Period / Year
2008-09
2009-10
2008-09
2009-10
2007-08
2008-09
2008-09
2009-10
2008-09
2009-10
g.
Annual Value [Section: 2(3)]: Annual value means the sum arising from letting out any
property and related furniture, fixture and fittings or any sum received as Annual Rent
which ever is higher.
h.
ii.
16
Company: The company will be resident if the management of its affairs is situated
wholly in Bangladesh in the income year.
Income Tax
iii. Hindu Undivided Family, Firm, Other Association of Persons: They will be
resident if its control and management of affairs is situated wholly or partly in
Bangladesh in the income year.
i.
j.
Perquisites [Section 2(45), 30(e)]: Perquisite limit Taka 200,000. Anything paid in
excess of allowable perquisite limit is taxed in the hands of employer.
k.
2.
3
3
3
3
3
Perquisite means any payment made to an employee in the form cash or in any other
form excluding: basic salary festival bonus arrear salary advance salary
overtime leave encashment leave fare assistance incentive bonus maximum upto
10% of disclosed profit of relevant income year contribution to a recognized Provident
Fund, Pension Fund and Superannuation Fund.
17
Income Tax
3.
4.
18
a.
b.
c.
d.
e.
f.
g.
He is an advocate and practice in any Income Tax office not less than 10 years.
Income Tax
6
ii
iii
iv
Ownership of any money, bullion etc. - Income from Other Source [Section 19(5)]
vi
vii
viii
Difference between the purchase price and fair market value - Income from Other
Source [Section 19(8)]
ix
Goodwill, compensation or damages, etc. - Income from Other Source [Section 19(10)]
xi
xii
xiii
Lotteries, crossword puzzles etc. - Income from Other Source [Section 19(13)]
xiv
Income from Insurance Business - Income from Business or Profession [Section 19(14)]
xv
Receipt back of loss, bad debt or expenditure and unpaid trading liability etc. Income from Business or Profession [Section 19(15)]
xvi
Income from sale of depreciated assets having been used for the purpose of any
business or profession - Income from Business or Profession [Section 19(16)]
xvii
Income from sale of depreciated assets having been used for agricultural purpose Income from Agriculture [Section 19(17)]
Unexplained cash credits, investments, possession of bullion, unpaid trading liabilities/ loan
etc. will be treated as deemed income, which are mentioned below in brief with relevant
heads of income and respective sub-section:
xx
Income from sale of assets of capital nature - Income from Business or Profession
[Section 19(20)]
xxi
Unpaid loan Taka 100,000 (earlier Taka 50,000) is to be recognized as income immediately
after expiry of 3 years of loan taken. Income from Other Source [Section 19(21)]
19
Income Tax
xxii
Un-adjustable security money taken from tenant - Income from House Property
[Section 19(22)]
xxiii
Income from transfer of export quota by Garments Industry - Income from Business
or Profession [Section 19(23)]
xxiv Investment by a private limited company or a public limited company in its equity
received from share holder or director not being received by cross cheque - Income
from Other Source [Section 19(24)]
7.
8.
Resident
Non-Resident
9.
20
Income Tax
Income Slabs
i.
Tax Rates
Nill
Income Slabs
i.
Tax Rates
Nill
Nill
Nill
Nill
Nill
10%
10%
ii.
15%
15%
20%
20%
25%
v.
25%
25%
25%
Tk. 2,000
Tk. 5000
N/A
N/A
12. Tax Rebate for assesses paying tax at the highest rate of 25%
Individual assesses paid tax @ 25% during the assessment year 2008-2009 with declaration
of more than 10% higher income in 2009-2010 will get 10% tax rebate on tax attributable to
that additional higher income declared in 2009-2010 assessment year.
13
A person who is a non-resident is liable to tax on the incomes, profits and gains which
are received or deemed to have been received or are deemed to accrue or arise to him
in Bangladesh.
21
Income Tax
b.
c.
d.
A non-resident assessee is not entitled to any sort of allowance and relief as are
admissible to a resident assessee for the purpose of tax rebate;
A non-resident assessee (other than Bangladeshi non-resident) is liable to tax on his
total income @ 25%.
A Bangladeshi non-resident is subject to tax at normal rate, as applicable for a resident
assessee.
15. Special Tax Treatment for Investments in New Industry / Infrastructural Facility (u/s 19A):
IT enabled services
Spinning
computer hardware
Melamine
Agricultural machinery
Garments
Chemicals and
pharmaceutical
Ceramics
Leather goods
Sanitary ware
Toys
Insecticide, pesticide
Steel
Furniture
Petro chemicals
Tour operators
Tourism industry
Fertilizer
Foot wear
16. Special Tax Treatment for Investments in BMRE of existing industry (u/s 19AA):
No question as to the source of investment will be raised if money is invested by a
person in the expansion or balancing, modernization, renovation and expansion of an
existing industry between 01 July 2009 and 30 June 2010 by paying tax @ 10% of the sum
invested before submission of the tax return.
17. Special Tax Treatment for Investments in Stocks & Shares (u/s 19AAA):
No question as to the source of investment will be raised if money is invested (individuals,
firm, association, private company) in the purchase of Stocks and Shares of any listed company
in Bangladesh between 01 July 2009 and 30 June 2010 by paying tax @ 10% on the invested
22
Income Tax
amount before submission of the tax return. Provided that such investment shall not be withdrawn
or transferred for any other purpose within 2 years from the date of purchase. Also, this will
not be applicable where concealment of income has been detected or proceedings u/s 93 have
been initiated prior to payment of tax.
18.
19
Area
Tax Rate
Income fully Exempted from Tax subject to prescribed conditions and limitations
[Section 44(1) and Part A of Sixth Schedule]:
Certain incomes are totally exempted from tax and they are not includable with other income
even for rate purpose. Income specified in Part-A of the Sixth Schedule (Exclusions from Total
Income) of the Income Tax Ordinance 1984 are exempt and excluded from the computation of
total income subject to limits, conditions and qualifications laid down therein:
i.
Income from property held under Trust but shall not apply to NGOs registered with
NGO Affairs Bureau [Para # 1]
ii.
Any income derived from micro credit operations by NGOs registered with NGOAB
[Para # 1A]
iii.
iv.
v.
Sl
23
Income Tax
vi.
Traveling Allowances, etc. (to meet expenses wholly and necessarily incurred in
performance of the duties of an office or employment of profit) incurred [Para # 5]
vii.
viii.
Income of the personnel of the foreign missions, not being a citizen of Bangladesh
[Para # 7]
ix.
Pension [Para # 8]
x.
xi.
xii.
xiii.
xiv.
xv.
Any payment received from Provident Fund and other Funds (PF, WPPF and
approved superannuation fund) [Para # 21]
xvi.
Income from dividend of a mutual fund or a unit fund upto taka 25,000 [Para # 22A]
xvii.
xx.
xxi.
xxii.
xxvi. Income from the business of Software Development and Information Technology
Enabled Services (ITES) [Para # 33]
xxvii. Income from fisheries, poultry, production & marketing of seeds, farming (cattle, dairy,
frog & mushroom), horticulture, floriculture and sericulture; if such income exceeds taka
150,000 and at least 10% of income invested in bond & govt. securities [Para # 34]
xxviii. Income from the export of handicrafts [Para # 35]
xxix. Any amount paid by govt. as tax on behalf of Petroleum Exploration Company under
Production Sharing Contract (PSC) [Para # 36]
xxx
24
Income Tax
Any income derived from any building situated in any area of Bangladesh (other than areas of
city corporation, Cantonment board, Tongi Upazila, Naryangonj Paurashava, Gazipur
Paurashava and any Paurashava under Dhaka district), not less than five storied having at
least ten flats, constructed at any time between 01 July 2009 and 30 June 2014 for ten years
from the date of completion of construction of the building has been declared tax free.
xxxi
xxxii Income from any Small and Medium Enterprise (SME) having annual turnover not more
than Taka 2,400,000 [Para # 39]
xxxiii. Income from Zero Coupon Bond [Para # 40]
xxxiv. Any income received by an assessee as interest or profit from pensioners saving
certificate [Para # 41]
Investment Allowance for Tax Rebate [Section 44 (2) & (3) and Part B of Sixth Schedule]:
a.
b.
Tax Rebate: Tax Rebate @ 10% of the eligible investment shall be allowed as Rebate.
c.
ii)
iii)
iv)
v)
vi)
vii)
20
Donation to organization for the welfare of the retarded people [Para # 11B]
x)
xi)
xii)
25
Income Tax
i.
Income classified under the head Salaries: Salaries include the followingany salary due from an employer to the assessee in the income year whether paid or not;
any salary paid or allowed to him in the income year by or on behalf of an employer,
though not due or before it became due to him;
any arrears of salary paid or allowed to him in the income year by or on behalf of an
employer, if not charged to income tax for any earlier income year;
ii.
26
Where free concessional passage for travel abroad is availed more than once
in two years: The whole of the amount paid in cash, if any, for such additional
passage. If no cash payment is made, the amount which would have been
expended for this passage if not provided by the employer;
Where the transport is provided free of cost or at a confessional rate: By an
undertaking engaged in the transport of passengers or the carriage of goods of an
employee of the undertaking in any conveyance owned or charted by the
undertaking for the purpose of the transport of passengers, nothing shall be added
in his income;
ix. Entertainment allowance [Rule # 33H]: The whole amount shall be included in income
except for free tea, coffee, beverages or the like thereof provided at the office premises
during the course of work.
x. Medical expenses [Rule # 33I]: Receipts / receivable from employer in excess of
actual expenditure shall be included in the income of the assessee.
xi. Other benefits [Rule # 33J]: Equivalent amount shall be included in income.
xii. Allowable exemptions on the income of Sponsor / Shareholder Directors [Rule # 33(2)
(b)]: As per SRO 207-Ain/2005 dated 06.07.2005, a shareholder, being director of more than
one company, shall be entitled to the benefits under rule # 33 for one company only.
22. Income from House Property [Section 24 & 25]:
a. Income from house property whether used for commercial or residential purposes is
taxable on the basis of its annual value. The value determined by the tax authority u/s2(3) will be treated as annual value.
b.
i)
ii)
Insurance premium
iii)
iv)
v)
Ground rent
Income Tax
27
Income Tax
23. Income from Interest on Securities [Section 22 & 23]:
Incomes classifiable under the head Interest on Securities are:
A.
Interest receivable by the assessee on any security of the government or any security
approved by the government;
B.
C.
iii. Interest on Debentures approved by SEC upto Taka 20,000 including exemption of
interest on Govt. Securities of Taka 5,000; [Sixth Schedule, Para # 13]
Provided that allowance or deduction on account of interest or commission in respect of
or allocable to the tax-free government securities shall not be allowed. Deduction will
also not be allowed in respect of interest payable outside Bangladesh on which tax has
not been paid or deducted.
24. Income from Business or Profession [Section 28]:
Income from business or profession includes the following:
i.
ii.
iii.
iv.
receipt back of loss, bad debt or expenditure and unpaid trading liability as referred to
section 19 (15);
v.
vi.
vii. income from sale of asset of capital nature as referred to section 19 (20);
viii. income from transfer of export quota as referred to section 19 (23).
25. Rates of Corporate Tax are as follows:
Irrespective of profit or loss all companies have to pay Taka 5,000 as minimum Tax.
SL.
NO.
Assessees
i.
28
New Rate
AY 2009-10
Previous Rate
AY 2008-09
27.5%
27.5%
Income Tax
ii.
Assessees
New Rate
AY 2009-10
Previous Rate
AY 2008-09
10%
10%
5% on
undistributed
profit
5% on
undistributed
profit
37.5%
37.5%
Banks,
Insurance
Institutions:
and
Financial
Corporate Tax
iii.
iv.
42.5%
Excess Profit Tax (banks only): Profit in excess
15%
50% of Capital+ Reserve [section: 16C]
(on excess profit)
Companies not publicly traded
37.5%
Mobile Operator Company:
If the company is converted into publicly
traded company through at least 10%
share for Initial Public Offering (IPO)
Subject to not more than 5% of pre IPO
placement;
If not converted into a publicly traded
company with 10% share for IPO;
45%
15%
(on excess profit)
37.5%
35%
35%
45%
45%
v.
15%
15%
vi.
15%
15%
vii.
10%
10%
viii.
15%
15%
ix.
x.
Textile Industries
15%
15%
Jute Industries
15%
15%
xi.
20%
20%
SL.
NO.
29
Income Tax
SL.
NO.
Assessees
xii.
xiii.
New Rate
AY 2009-10
Previous Rate
AY 2008-09
15%
15%
10 %
10 %
20%
15%
20%
15%
20%
15%
25%
25%
20%
15%
10%
10%
15%
15%
(Concessional
rate 10% has
been withdrawn)
[Second
At applicable
At applicable
Where the capital gain arises as result
rate on total
rate on total
of a disposal after not more than 5
income including income including
years from the date of acquisition;
capital gain
capital gain
30
SL.
NO.
Assessees
Where the capital gain arises as result
of a disposal after 5 years from the
date of acquisition;
xv.
xvi.
xvii.
New Rate
AY 2009-10
Previous Rate
AY 2008-09
At the rate
applicable on
total income
including said
income
OR
@ 15% on the
capital gain
whichever is
lower
At the rate
applicable on
total income
including said
income
OR
@ 15% on the
capital gain
whichever is
lower
Nil
Nil
(SROAin/IT/2004,
dated 13.09.04
(SROAin/IT/2004,
dated 13.09.04
Nil
Income from business of software and IT
Enabled Services (ITES) including IT (6th ScheduleSupport & Software maintenance services, Part A, Para 33)
data entry, data processing, call centre,
BPO Services, etc.
Capital gain arising out of transfer of govt.
securities and stock & shares of public
companies listed with Stock Exchanges
[Section 32(7)]
Nil
(6th SchedulePart A, Para 33)
Nil
Nil
Income Tax
ii.
iii.
Bank interest paid or any profit shared with a bank run on Islamic principles in
respect of capital borrowed for the purpose of business or profession [Para # 1(iii)]
iv.
v.
vi.
vii.
31
Income Tax
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
The amount of bad debt, which is established to have become irrecoverable, under
the stated circumstances [Para # 1(xv)]
xv.
The amount of bad debt written off as irrecoverable but deduction not allowed on
the ground that it was not then irrecoverable, the amount which was established to
be irrecoverable [Para # 1(xvi)]
xvi.
The amount for bad debt having been irrecoverable in an earlier year, is allowable
for the earlier year under the stated circumstances and with the consent of the
assessee [Para # 1(xvii)]
xvii.
Provision for bad and doubtful debt and interest thereon made by a commercial
bank including the Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank and
Karmosangsthan Bank for a sum equal to 1% of the outstanding loan including
interest thereon or the amount of actual provision, whichever is less, subject to the
specified conditions, allowable during the assessment years 2001-2002,20022003,2003-2004 and 2004-2005, 2005-06 and 2006-07;
If any amount out of the provision for bad and doubtful debt and interest thereon,
which has been allowed, is ultimately recovered, the amount so recovered shall be
deemed to be profit of the year in which it is recovered [Para # 1(xviiiaa)]
32
xviii.
Any expenditure, not being capital expenditure, laid out or expected on scientific
research related to the business [Para # 1(xix)]
xix.
xx.
Any sum paid to scientific research institute etc. subject to the stipulated conditions
[Para # 1(xxi)]
xxi.
Any sum, not being of capital nature laid out or expended on any educational
institute or hospital established for the benefit of employees subject to the
stipulated condition [Para # 1(xxii)]
Handholding of Payroll
functions
Salary Surveys / Pay
Restructuring
Headhunting/HR Outsourcing/
Recruitment and work Permit
for Expatriates
Ou
rV
alu
eA
dde
d Se
r vices
Income Tax
xxii.
xxiii.
xxiv.
xxv.
xxvi.
xxvii.
xxviii.
xxix.
: 2%
Foreign travel expenses for holidaying and recreation incurred by business houses on
account of their employees and their dependants not exceeding the amount prescribed in
this behalf under Rules 65A of the Income Tax Rules, 1984 [Section 30, Para # f(ii)]
The amount has been restricted upto 3 months basic salary or three-fourth of the
actual expenditure whichever is less, not oftener than once in every 2 years;
subject to sum exceeding taka 10,000 shall not be allowed as deduction unless
such payment is made through bank.
xxx
34
Income Tax
xxx
27. Normal Depreciation Allowance (Third Schedule, Para # 3): [section: 29(1) (viii) & (ix)]
i.
ii.
iii.
Rate/percentage of Remarks
the written down
value except as
otherwise indicated
a) Building (general)
10%
b) Factory building
20%
10%
20%
12%
The allowance is to
be calculated on
the original cost
12%
24%
24%
20%
20%
20%
24%
30%
50%
30%
35
Income Tax
SL. Class of Assets
NO.
Rate/percentage of Remarks
the written down
value except as
otherwise indicated
30%
30%
30%
30%
In case of motor vehicles, being passenger vehicles or sedan cars, not plying for hire cost for
the purpose of depreciation is restricted to Taka 2,000,000.
28
36
Income Tax
The assets enjoying accelerated depreciation will not be eligible for any other depreciation
under the Income Tax Ordinance.
Accelerated depreciation is also allowable on machinery and plant other than office
appliances and road transport vehicles which having not being previously used in
Bangladesh, has been or is used in the expansion unit of any existing undertaking or in
the treatment and disposal of toxic and environmentally hazardous wastes or in the
collection or processing of biodegradable waste or in the research and development in
any industrial undertaking owned by a company. In this case accelerated depreciation is
allowed at 80% for 1st year (starts commercial production or operation) and 20% for the
next following year [Para # 7A (1)].
30. Deductions are NOT admissible in certain circumstances: [Section 30]
The following expenditures are not admissible deductions in the determination on income
from business or profession:
i.
Payment of salaries if tax is not deducted at the time of payment and paid thereon in
accordance with section 50 [Para # 30(a)]
ii. Any payment made by an assessee to any person if tax thereon has not been deducted
and credited in accordance with Chapter VII and VAT thereon has not been collected or
deducted and credited in accordance with VAT Act. 1991 [Para # 30(aa)]
iii. Payment of interest, salary, commission or remuneration by a firm or an association
of persons to any partner of the firm or any member of the association as the case
may be [Para # 30(b)]
iv.
Brokerage or commission paid to a non-resident if tax has not been deducted there
from under section 56 [Para # 30(c)]
v.
Payment to a provident or other fund unless effective arrangement has been made for
deduction of tax at source while making the payments from the fund which are taxable
under the head Salaries [Para # 30(d)]
vi.
Amount of perquisites or other benefits paid, as defined under Section 2(45), to any
employee in excess of Taka 200,000 [Para # 30(e)]
The undertaking must fulfill all the prescribed conditions and apply to Board in the prescribed
manner for approval for the purpose of deprecation of this category within six months from
the end of the month of commencement of commercial production. Board is to give decision
on the application within 45 days [Section 46A (3) or 46B (6)].
Provided that this ceiling shall not be applicable to an employer where perquisites
were paid to an employee in pursuance of any government decision to implement the
recommendation of a Wage Board constituted by the government;
vii. The amount of expenditure in excess of the prescribed rates and as is not, in the
case of sales and services liable to excise duty, supported by excise stamp or seal in
respect of the following items [Para # 30(f)]
37
Income Tax
Entertainment (Rule # 65)
Foreign travels of employees and their dependants for holidaying and recreation
(Rule # 65A)
Distribution of free samples (Rule # 65C)
viii. Any expenditure exceeding 10% of the profit under the head office expenses by a
company not incorporated in Bangladesh under Companies Act 1994 [Para # 30(g)]
ix.
Any payment by way of royalty, technical services fee, technical know how fee or
technical assistance fee exceeding 8% of the profit [Para # 30(h)]
x.
xi.
Any expenditure by way of incentive bonus exceeding 10% of the disclosed net profit
[Para # 30(j)]
i.
ii.
38
Events
Income Tax
32. Exemption of Capital Gains from tax: [Section 32]
Capital gains or portion thereof arising out of transfer of certain capital assets are exempted
from the income tax under certain circumstances and upon fulfillment of certain conditions.
Following are the cases of full or partial exemptions:
i. Transfer of capital asset used in the business with following rules: [Section 32(5)]
A declaration shall have to be made before the assessment is made;
A new capital asset for the purpose of business or profession has to be purchased
within 1 year before or after the date of transfer;
When capital gain is equal or less than the cost of new asset, no tax shall be
charged on the capital gain;
ii. Capital gain arising out of transfer of Government Securities and Stocks &
Shares of public companies listed with a stock exchange in Bangladesh is exempted
from tax [Section 32(7)]
iii. Transfer of Buildings and Lands to a new company for setting up an industry and
the whole amount of capital gain arising out of such transfer is invested in the equity of
the said company, the capital gain shall not be charged to tax as income of the year of
transfer [Section 32(10)]
iv. Transfer of Capital Asset of a firm to a new company: Capital gain arising from
transfer of capital asset of a firm to a new company registered under companies Act
1994 and the whole amount of capital gain is invested in the equity of the said company
by the partners of the firm, then the capital gain shall not be charged to tax as income
of the year of transfer [Section 32(11)]
v. Transfer of Stocks and Shares of a public company by a non-resident: Capital
gain arising in the hand of a non-resident from transfer of stocks or shares of a listed
company is exempted from tax provided such assessee is entitled to similar exemption
in the country in which he is a resident [Section 31]
When capital gain is greater than the cost of new asset, capital gain upto the extent of
cost of acquisition of new asset shall be exempted and balance shall be charged to tax;
New Rate
AY 2009-10
Previous Rate
AY 2008-09
15%
15%
39
Income Tax
Assessee
New Rate
AY 2009-10
Previous Rate
AY 2008-09
Dividend;
Interest;
Royalties and Technical Services;
Income from letting of machinery, plant, furniture, building etc;
Deemed Income [Section 19 (1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 21 & 24)]
Income of any kind which is not classifiable under any other heads specified in Section 20
40
Income Tax
37. Carry forward of Depreciation Allowance: [Section 42(6)]
Depreciation allowance which cannot be given full effect of, in any year, because of there
being no profits or of inadequate profits, unadjusted allowances or portion thereof as the case
may be, shall be carried forward to the next year or so on for succeeding years and be part of
allowance for that year.
While setting-off loss on account of depreciation allowance, effect shall first be given to
business loss (Section 38) including loss from speculation business (Section 39).
38. Withholding Tax / Tax Deducted at Source (TDS): [Section 50, 51, 52, 53, 54, 55, 56 &
62A, Eight Schedule]
All taxes deducted or collected in accordance with the section 48 to 74, shall be paid to
the credit of govt. within 3 weeks from the date of such deduction or collection [Rule:13]
Particulars
50
50A
51
Rate of
deduction (%)
And all taxes deducted or collected shall be deposited to Bangladesh Bank or Sonali
Bank, except deduction from [Rule:14] -
Nil
Nil
Nil
Nil
10
15
20
25
27.5 or 37.5 or 42.5
or 45 whichever is
applicable
10
41
Income Tax
SL.
No.
4
Section
/ Rule #
52 &
Rule16
Particulars
In case of Supply of goods or execution of
contracts / subcontracts:
42
Rate of
deduction (%)
2.5
3.5
Nil
0.75
52(1) &
Rule 17
Indenting Commission;
3.5
52A(1)
5
10
52A(2)
10
52A(3)
10
52AA
7.5
10 52AAA
7.5
11 52B
12 52C
13 52D
Income Tax
Section
/ Rule #
Particulars
(Rate shall be applicable for savings certificate
purchased on 1st January, 2004 or thereafter whose
interest/profit accrued on 1st January, 2007 or
thereafter);
14 52F
Rate of
deduction (%)
10
Tk. 10,000
Tk. 12,000
Tk. 18,000
15 52 I
16 52K
17 52L
10
18 52M
7.5
19. 52N
20 52O
21 53 & Rule
17A
23
53AA
24
10
25
26
53B &
Rule 17C
53BB
53BBB
0.25
0.025
27
53BBBB
0.25
28
53C &
Rule 17D
5
Tk. 500 per
trade license
Nil
3
5
SL.
No.
43
Income Tax
SL.
No.
Section
/ Rule #
Particulars
Rate of
deduction (%)
29
53CC
7.5
30
53D &
Rule 17E
31
53E
7.5
32
53EE
33
53F
10
34
53FF
Rule 17I
2% of deed
value
1% of deed
value
35 53G
36 53GG
37 53H
38 53 I
10
44
7.5
Nil
Income Tax
Section
/ Rule #
Particulars
Rate of
deduction (%)
40 53K
41 54
countries;
3
5
3
20
10
20
20
Individual: Resident
10
42 55 &
Rule 17I
43 56
Applicable rate or
20% whichever is
lower
Company;
Rate applicable
to company i.e.
37.5%
25
SL.
No.
At applicable
Rate for resident
individual
Head of
withholding
Salaries
[section-50]
Withholding
authority
Any person
responsible for
making such
payment.
Withholding rate
/rates of tax
Limitation
45
Income Tax
SL.
No.
Head of
withholding
Discount on the
real value of
Bangladesh Bank
bills.
[section-50A]
Any person
responsible for
making such
payment .
Maximum rate.
Interest on
securities
[section-51]
Any person
responsible for
issuing any
security.
10%
Payment to
contractors and
sub-contractors
[Section-52]
[Rule-16]
Any person
responsible for
making such
payment.
Withholding
authority
Withholding rate
/rates of tax
Limitation
In case of oil
supplied by oil
marketing companies
upto Tk. 200,000-Nil,
where the payment
exceeds Tk. 200,000 0.75%
5
46
Payment on
indenting
commission or
shipping agency
commission.
[Section -52,
Rule-17]
Any person
responsible for
making such
payment .
On indenting
commission-@3.5%
On shipping
agency
commission-@5%.
Income Tax
Head of
withholding
Withholding
authority
Withholding rate
/rates of tax
The principal
officer of a
company or the
chief executive of
any NGO or trust
responsible for
making such
payment .
10%
Royalty or
technical know how fee
[section-52A(2)
The government
or any other
authority,
corporation or
body or any
company or any
banking company
or any insurance
company or any
co-opera tive bank
or any NGO
responsible for
making such
payment.
10%
Fees for
professional or
technical services
[section -52A(3)]
Do
10 %
Payment of
certain services
like stevedoring
agency , private
security service
[section -52AA]
The government or
any other authority
,corporation or
body or any
company or any
banking company
or any insurance
company or any
co-operative bank
or any NGO
responsible for
paying any
commission to a
stevedoring agency
or making any
payment to a
private security
service .
7.5%
Limitation
Person certified by
NBR having non
assessable income
or person having
income exempted
from tax.
SL.
No.
47
Income Tax
SL.
No.
Head of
withholding
Withholding
authority
10 Clearing and
Commissioner of
forwarding agents customs
[section-52AAA]
48
Withholding rate
/rates of tax
7.5%
11 Cigarettes
manufacturing
[section-52B]
Any person
responsible for
selling banderols
to any
manufacturer of
cigarettes.
6% of the value
of the banderols
12 Compensation
against
acquisition of
property
[section-52C]
Any person
responsible for
payment of such
compensation.
2% of the amount
of such
compensation .
Limitation
10%
- No deduction to be
made if the total
amount of interest
does not exceed
Tk.150,000/- during
the income year.
- Such deductions
shall not be
considered as final
discharge of tax
liability.
- A rate of 5% shall
apply on interest
of any amount of
the saving
instrument
purchased before
January 1, 2004.
- No deduction to be
made if the saving
instrument is
purchased by any
approved
superannuation /
pension / gratuity
fund or any
recognized
provident fund or
any workers profit
participation fund.
Income Tax
Head of
withholding
Withholding
authority
Withholding rate
/rates of tax
14 Brick
Manufacturer
[section-52F]
Any person
responsible for
issuing any
permission or
renewal of
permission for
manufacture of
bricks.
15 Commission of
letter of credit
[section -521]
Any person
responsible for
opening letter of
credit .
5%
16 Renewal of trade
license by city
corporation or
paurashava
[section-52K]
City Corporation or
Paurashava.
17 Trustee fees
[section -52L]
Any person
responsible for
making such
payment .
10%
18 Freight forward
agency
commission
[section-52M]
Any person
responsible for
making such
payment .
7.5%
19 Rental Power
Company
[section -52N]
Bangladesh Power
Development
Board during
payment to any
power generation
company against
power purchase
within three years
from its
commencement.
Limitation
SL.
No.
4%
5%
49
Income Tax
SL.
No.
Head of
withholding
Withholding
authority
21 Importer
[section-53 and
rule 17A]
The commissioner
of customs
22 House property
[section-53A and
rule 17B]
The Government or
any authority,
corporation or body
or any company or
any banking
company or any cooperative bank or
any NGO run or
supported by any
foreign donation or
any university or
medical college or
dental college or
engineering college
as tenant
Up to Taka 20,000
per month [p.m]-Nil
23 Shipping business
of a resident
[section -53AA]
Commissioner of
Customs or any
other authority duly
authorised
5% of total freight
received or
receivable in or out
of Bangladesh
24 Export of
manpower
[section -53B and
rule 17C]
The Director
General, Bureau of
Manpower,
Employment and
Training
50
Withholding rate
/rates of tax
Limitation
3%
3% of total freight
received or
receivable from
services rendered
beween two or more
foreign countries.
10%
No deduction or
deduction at a
reduced rate to be
made if an exporter
produces certificate
from NBR regarding
having fully or partly
exempted income.
Income Tax
Head of
withholding
26 Member of Stock
Exchanges
[section-53BBB]
Withholding
authority
Withholding rate
/rates of tax
0.025%
27 Export or any
Bank
goods except
knitwear and
woven garments.
terry towel, jute
goods, frozen food
vegetables, leather
goods, packed
food
[section-53BBBB]
28 Goods or property
sold by public
auction
[section-53C and
rule 17D]
5% of sale price
29 Courier business
of a non-resident
[section-53CC]
30 Payment to actors
and actresses
[section-53D and
rule 17E]
The person
producing the film
5%
31 Commission,
discount or fees
[section-53E]
7.5%
Limitation
No deduction or
deduction at a
reduced rate to be
made if an exporter
produces certificate
from NBR regarding
having fully or partly
exempted income.
SL.
No.
Payment needs to
exceed thirty six
thousand taka in
the aggregate in
any income year.
51
Income Tax
SL.
No.
Head of
withholding
Withholding
authority
Withholding rate
/rates of tax
32 Commission or
remuneration paid
to agent of foreign
buyer [section 53EE]
Bank
4%
33 Interest on saving
deposits end fixed
deposits
[section -53F]
Any person
responsible for
making such
payment
10%
Any person
responsible for
registering any
document for
transfer or any
land or building
or apartment.
Limitation
1% of deed value
from 01September,
2009 in case
property situated
in places other
than any city
corporation,
paurashava or
cantonment board.
52
Income Tax
Head of
withholding
Withholding
authority
35 Insurance
commission
[section-53G]
Any person
responsible
for paying
such
commission
to a resident.
36 Fees of surveyors
of general
insurance
company
[section-53GG]
Any person
responsible foraying
such fees to a
resident.
37 Transfer of
property
[section-53H]
Any person
responsible for
registering any
document of a
person.
Withholding rate
/rates of tax
3%
7.5%
5% of deed value
upto 31 August 2009
and 2% of deed
value from 1st
September 2009 in
case of property
situated
in any city
corporation,
paurashava or
cantonment board
1% of deed value
from 1st
September 2009
in case of
property situated
in areas other
than any city
corporation,
paurashava or
cantonment
board.
Limitation
SL.
No.
53
Income Tax
SL.
No.
54
Head of
withholding
Withholding
authority
38 Interest on
deposit of post
office savings
bank account
[section -53I]
Any person
responsible for
making such
payment.
39 Rental value of
vacant land or
plant or
machinery
[section -53J]
[rule 17BB]
The
Government or
any authority,
corporation or
body including
its units, or any
NGO, any
university or
medical college
dental college,
engineering
college
responsible for
making such
payment.
40 Advertisement of
newspaper or
magazine or
private television
channel
[section -53K]
The Government or
any other authority,
corporation or body
or any company or
any banking
company or any
insurance company
or any cooperative
bank or any NGO or
any university
medical college or
dental college or
engineering college
responsible for
making such
payment
Withholding rate
/rates of tax
10%
Limitation
This shall not
apply if the total
amount of
interest does not
exceed Tk.
1,50,000/- and
to such payee or
class of payees
as specfied by
the Board.
3%
Income Tax
Head of
withholding
41 Dividends
[section-54]
Withholding
authority
The
principal
officer of a
company.
Withholding rate
/rates of tax
Limitation
- Resident/nonresident
Bangladeshi
company 20%.
If the DCT
certifies,
deduction in
this regard may
not be made or
- Resident/nonmade at a rate
resident Bangladeshi less than the
person other than
maximum rate.
company 10%.
- Non-resident (other
than Bangladeshi
non-resident) person
other than a
company 25%.
42 Income from
Lottery
[section-55]
Any person
responsible for
making such
payment.
43 Income of non
residents
[section-56]
Any person
responsible
for making such
payment.
20%
- Non-resident
company at the rate
applicable to a
company.
- Non-resident nonBangladeshi person
other than a
company 25%.
- Non-resident
Bangladeshi person
at the rate
applicable to a
resident.
SL.
No.
40. Tax Holiday for newly established industrial undertaking, Tourist Industry and
Physical Infrastructure facility set-up between the period of July, 2008 to June,
2011 etc. in certain cases: [Section 46B]
A.
Period of tax holiday has been further extended for 3 years beyond 30th June, 2008 in
respect of industrial undertaking, tourist industry and physical infrastructure facility
subject to following conditions:
55
Income Tax
i.
ii.
The undertaking is set up in Bangladesh between 1st July, 2008 and 30th June 2011;
The undertaking is managed either by (i) a body corporate established by or under an
act of Parliament having head office in Bangladesh or (ii) a company defined under
companies Act 1913 or 1994 having subscribed & paid up capital of not less than Taka
1,000,000 on the date of commencement of commercial production;
iii.
iv.
The Industrial Undertaking in the production of textile, jute, high value garments
(overcoats, jackets & suits), pharmaceuticals, melamine, plastic, ceramics, sanitary,
steel, fertilizer, computer and agriculture machinery etc;
30% of the tax exempted income to be invested in the same undertaking or for a new
industry during the period of exemption or within one year of expiring tax holiday period.
An additional 10% profit has to be invested each year within 3 months of closing the
income year by purchasing shares of listed companies in Bangladesh;
Provided that the purchase of shares of a listed company except ready made
garments industry and if 40% of income re-invested between 01 July 2008 and
30 June 2011 in the said or new industrial undertaking during the period or
within one year from end of the period.
v.
vi.
An application shall be filed with the Board for approval of the undertaking within 6
months from the end of the month of commencement of commercial production or
operation, and the undertaking must be approved by the Board;
B.
Rate of Exemption
100% of Income
50% of Income
25% of Income
If the said undertaking is set-up in Rajshahi, Khulna and Barisal divisions, and hill
districts of Rangamati, Bandarban, and Khagrachari; for a period of 7 years beginning
with the month of commencement of commercial production or operation;
56
Income Tax
C.
Rate of Exemption
100% of Income
50% of Income
25% of Income
41. Tax Holiday for Hospitals: [SRO 204-Ain/IT/2005 dated 6th July 2005]
a. A newly established private hospital will be eligible for exemption of income for another 5
years subject to the following conditions:
b.
c.
d.
e.
f.
The hospital is owned by a company registered under the Companies Act 1913 or 1994;
The hospital is established between the period 1st July 1999 to 1st July 2008 in the
private sector;
The hospital is housed in a building constructed on the companys own land;
The hospital has number of beds (i) 200 beds in case of general hospital (ii) 50 beds in
case of specialized hospital for heart, kidney and cancer patients;
10% of the beds must be kept reserved for treatment of poor free of charge;
Period of Exemption
For the first three years (1st, 2nd & 3rd year);
For the next three years (4th, 5th & 6th year);
For the last one year (7thyear);
42. New List of eligible sectors for Tax Holiday: [Section 46B]
i. Industrial Undrtaking
a. Textile;
b Jute goods;
c. High Value Readymade Garments (overcoat, jackets, suits);
d.
e.
f.
g.
h.
i.
j.
Pharmaceuticals;
Melamine;
Plastic products;
Ceramics & sanitary ware;
Steel from iron ore;
Sanitary ware;
MS Rod & CI Sheet;
57
Income Tax
ii.
k. Fertilizer;
l. Insecticide & pesticide;
m. Computer hardware;
n. Residential hotel having facility of three star or more;
o. Petro chemicals;
p. Basic raw materials of drugs, chemicals & Pharmaceuticals;
q. Agricultural machine;
r. Boilers & compressors;
s. Textile machinery;
Physical Infrastructure Facility:
a. Sea or river port;
b. Container terminals, internal container depot (ICD) & container freight station (CFS);
c. LNG terminal and transmission line;
d. CNG terminal and transmission line;
e. Gas pipe line;
f. Flyover;
g. Mono-rail & underground rail;
h Telecommunication other than mobile phone
i. Large water treatment plant & supply through pipe line;
j. Waste treatment plant;
k. Solar energy plant;
l. Export processing zone;
And any other category of industrial including as the government may be notification in
to official Gazette specify.
iii.
Tourism Industry:
Residential hotel having facility of three star or more and any other category of tourist
industry facility as the Government may by notification in the official Gazette specify.
The ceiling of the amount of income for payment advance tax is taka 300,000; [Section 64]
The new assesses have been exempted from the payment of advance tax unless their
income exceeds taka 300,000; [Section 68]
Advance tax is payable by an assessee during each financial year if the latest assessed income
(assessment completed either on regular or provisional basis before the fifteenth May of the year)
exceeds Taka 300,000. Advance tax is payable in four equal installments on 15th September, 15th
December, 15th March and 15th June. If one estimates that ones income during any financial year
will be less than the last assessed income, one may submit an estimate of income of ones own
and that the tax paid on the basis of the estimate does not fall short of 75% of the tax payable on
regular assessment. Because, if the tax paid falls short he is liable for interest. [Section 73]
58
Income Tax
44A. Payment on the Basis of Return: [Section 74(1)]
Every person who is required to file a return under Sections 75, 77, 78, 89 (2), 91 (3) & 93 (1)
shall, on or before the date on which he files the return, pay the amount of tax payable by him
on the basis of such return as reduced by the amount of any tax deducted from this income or
paid by him.
44B. Mode of payment of Tax by assessee(rule-26A)
All payments of Tax U/S-64,70,73,74,82D,83(2),84,89(3),107(2)(a),120,121(4)(a),123129,135(2),137(1),154(1),158(5),160(1) and any other payments shall be made by pay
order or demand draft or account payee cheque of scheduled bank in favor of concerned
DCT.
45. Filing of Return of Income and Statement: [Section 75, 76, 77 & 78]
Every person whose total income during an income year exceeds the exemption limit i.e. the
maximum amount which is not chargeable to tax and every person whatever his income in
the income year who was assessed to tax for any year within three years preceding that year,
shall furnish a return setting forth therein (along with such other particulars as may be
prescribed) his total income and total income during the income year.
Every company shall file a return of its income or the income of any other person for whom
the company is assessable, on or before the date specified.
Where a person is not required to file a return under sub-section 1 of section 75, he is to file a
return if he:
a.
owns a more than one story building with an area of more than 1,600 sft;
ii.
Provided that payment does not exceed Taka 10,000 can be made through treasury
challan.
runs a business or profession with trade license from a city corporation or pourashava,
union parishad and operates a bank account;
c.
is registered with a recognized professional body as a doctor, dentist, ITP, CA, CMA,
engineer, architect, surveyor or any similar profession.
d.
e.
f.
g.
has a tax payers identification number in accordance with the provision of section 184A;
59
Income Tax
Every individual shall furnish, along with the return or the certificate, as the case may be,
a statement in the prescribed form and verified in the prescribed manner giving
particulars of the total assets and liabilities of himself, his spouse and his minor children
and dependants. He shall also furnish particulars of his personal and family expenditure
as per proforma determined by the board to be called life-style as per rule 25A. In the
case of a company the return will be accompanied by a statement of accounts audited
by a chartered accountancy firm.
46. Assessments:
i.
Such return shall be filed on or before the date as specified in clause (c) of sub
section (2) of section 75;
The amount of tax payable shall be paid on or before the date on which the return is
filed; and
Such return does not show any loss or lesser income than the last assessed
ii.
income, or assessment on the basis of such return does not result in refund;
Universal Self Assessment [Section 82 BB]
Where an assessee furnish a correct and complete return of income, the DCT shall
receive such return himself or cause to be received by any other official and issue a
receipt of such return and, the receipt shall be deemed to be an order of
assessment for the assessment year for which the return is filed.
The amount of tax payable shall be paid on or before the date on which the return is
filed in accordance with section 74.
The Board or any authority authorized by the Board may select a number of such
returns filed may refer to the DCT for the purpose of audit to make the assessment
under section 83 or 84.
The initial capital investment or any fraction thereof shall not be transferred
in any - manner or lent out within 5 years from the end of the assessment
year in respect of which assesses return of income has been filed under
this section.
60
Income Tax
iii.
15. Payment of royalty, technical know-how fee, for which tax is deductible under
section 52A(2);
16. Commission from clearing & forwarding under section 52AAA;
17. Export of certain items under section 53BB;
18. Salaries of a foreign technician serving in a diamond cutting industry [Section 52O];
The above rules shall NOT apply to:
The provisions of sub-section (1) of section 82C shall not apply in the case of
supply of goods or execution of contract as mentioned in clause (a), with respect to
a contractor of an oil company or a sub-contractor to the contractor of an oil & gas
company as referred to in Rule-39 of the I.T. Rules;
The provision of sub-section (1) shall not apply in the case of deduction of tax from
sale proceeds of building or lands as mentioned in clause (d) with respect to any
investment made under sub-section (10) of section 32;
61
Income Tax
An assessee shall not be allowed to take into account the full amount of income or
receipts from which tax has been deducted or collected and considered as settled
liability in explaining the nature and source- of any sum, investment, money, valuable
articles, excess amount or expenditure referred to in section 19. The income on
payments or receipts represented by the tax deducted at source can only be allowed as
a source of fund for explaining any investment, etc;
47. Final Discharge of Tax Liability [Section 82C (4)]
Incomes referred hereinunder in respect of which tax have been deducted or collected at
source, at rates specified below, shall be deemed to be the final discharge of Tax Liability:
SL
Description
TDS u/s
Rates
01
52
(Rule 16)
Slab
02
Manufacture of Cigarette
52B
6%
03
Import of Goods
53
3%
04
53H
5%
05
52D
10%
06
55
20%
07
Export of Manpower
53B
10%
08
53G
7.5%
09
53C
7.5%
10
53GG
7.5%
11
52 A(2)
10%
12
52AAA
7.5%
13
53AA
5%
14
Transfer of Property
53FF
15
53BBB
0.025%
16
53CC
7.5%
17
53BB
0.25%
18
52O
5%
iv.
62
Income Tax
The Chartered Accountant shall exercise the powers and functions of the DCT and after
examining the accounts shall submit a report to the Board in writing. The Board shall
forthwith forward the report to the Deputy Commissioner of Taxes and the Deputy
Commissioner of Taxes after giving an opportunity to the assessee shall make the
assessment on the basis of the report of the chartered Accountant and on the basis of
the other evidences within thirty days after completion of hearing or consideration as the
case may be and communicate the order within thirty days from the date of such order.
Assessment and computation of Income of Contractor of an Oil company (Rule 39)
1. Any person/company who resides out of Bangladesh and carries on business in
Bangladesh under an agreement as a contractor to an oil company or as a
subcontractor to the contractor to an oil company engaged in Petroleum Operations
in Bangladesh for exploration and development of oil & gas may exercise an option
for ascertainment of income, profits and gains from the operation of drilling of oil,
geophysical survey, marine seismic survey, shallow water seismic survey and other
activities relating to petroleum operations, under Rule 39.
In such case his income, profits and gains derived from such operations shall,
subject to the provision of this rule, be deemed to be an amount equivalent to 10%
of the gross earrings from such operations provided that:
_ such option shall be exercised before the 30th day of September of the year
of assessment in which such person is assessable for the first time in
Bangladesh.
_ the option once exercised shall be treated as final and shall be applicable to all
assessments thereafter.
2. For the purposes of the Rule 39:
a. The expression income, profits and gains shall mean the net income,
profits and gains determined after considering all expenses, allowances and
depreciation as allowed for the purposes of sections 28, 29 and 30 of the
Ordinance;
v.
b. the expression gross earnings shall include the total value of all fees,
moneys, income, compensations or reimbursable costs as stipulated in the
agreement with the oil company, or in the agreement with the contractor to the oil
company (whether in cash or in kind and whether received or not) derived from the
operations referred to in sub-rule by the person but excluding the amount of tax, if any,
paid or payable on behalf of the said persons, as reduced by the following amounts(i)
(ii)
63
Income Tax
vi.
x.
xi.
xii. Assessment in the case of Minors, Lunatics, Idiots, Beneficiaries of any Trust, etc. u/s 95;
xiii. Assessment of Co-operative Societies u/s 47;
64
The Government of Bangladesh may enter into an agreement with the Government of other
countries for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes
on income leviable under the Ordinance and also under corresponding law of the other country.
Under the agreement, each dominion determines the total income of an assessee in the ordinary
way under its own laws but in respect of the source of income or categories of transactions, as
specified in the agreement, it is entitled to retain tax on such portion of the income there from as is
calculated according to the percentage as embodied in the agreement.
At present, Government of Bangladesh has entered into agreement for the avoidance of
double taxation with the following 28 countries: U.K, Singapore, Sweden, South Korea,
Canada, Romania, Pakistan, Sri Lanka, France, Malaysia, Japan, India, Netherlands,
Germany, Italy, Denmark, China, Belgium, Poland, Thailand, Philippines, Vietnam,
Norway, Turkey, USA, Indonesia, switzerland and Oman.
49. Relief in respect of Foreign Income: [Section 145]
Where there is no reciprocal arrangement for avoidance of double taxation, relief is available in
respect of doubly taxed income. If any person who is resident in Bangladesh during any year can
prove to the satisfaction of the Deputy Commissioner of Taxes that he paid income tax in respect of
any income arising outside Bangladesh, he shall be entitled to deduction from Bangladesh income
tax payable by him of a sum equal to the tax calculated on the double taxed income at the
Bangladesh rate of tax or at the rate of tax of the foreign country , whichever is the lower.
Service Provider
Rate of
Deduction
( %)
S 003
S 003.10
4.5
S 003.20
Dockyard;
4.5
S 004
S 004.00
4.5
S 007
S 007.00
Advertisement Organisation:
Govt., Semi-Govt., Autonomous Body, Nationalised
Bank and Insurance Sector;
15
Others
15
4.5
15
S 008
S 008.10
S 009
S 009.00
Auction;
15
S 010
S 010.10
1.5
S 010
S 010.20
1.5
S 015
S 015.00
Freight Forwards;
15
S 018
S 018.00
Film Studio;
15
S 019
S 019.00
Photo Grapher;
4.5
S 020
S 020.00
Survey Sangstha;
15
S 023
S 023.20
Film Distributor;
15
S 024
S 024.00
4.5
1.5
15
S 026
S 026.00
S 028
S 029
S 028.00
S 029.10
Head #
4.5
2.25
65
Head #
66
S 029
S 029
S 031
S 032
S 033
Service
Code #
S 029.20
S 029.30
S 031.00
S 032.00
S 033.00
S 034
S 036
S 036
S 037
S 040
S 044
S 045
S 048
S 034.00
S 036.10
S 036.20
S 037.00
S 040.00
S 044.00
S 045.00
S 048.00
S 049
S 050
S 051
S 053
S 056
S 057
S 059
S 060
S 061
S 062
S 063
S 064
S 064
S 065
S 066
S 067
S 068
S 069
S 070
-
S 049.00
S 050.00
S 051.00
S 053.00
S 056.00
S 057.00
S 059.00
S 060.00
S 061.00
S 062.00
S 063.00
S 064.10
S 064.20
S 065.00
S 066.00
S 067.00
S 068.00
S 069.00
S 070.00
-
Service Provider
Dental Clinic;
Pathological Laboratory;
Repairing or Servicing of Taxable goods;
Consultancy firm and Supervisory firm;
Rental value of commercially used floor space,
estiblishment, furniture, fixures and fitings
Audit and Accounting Firm;
Air-Conditioned Bus Service;
Air-Conditioned Launce Service;
Procurement Provider;
Security Service Provider;
Specialized Doctors;
Legal Advisors;
Transport Contractor:
3 For carrying petrol and related goods;
3 Others;
Transport Fare or Rent-a-car;
Architect, Interior Designer or decorator;
Engineering Firms;
Participant of Board Meeting;
Banking and non-banking service provider;
Electricity Supplier;
Glass Sheet Manufacturer;
Buyer of Auction Goods;
Credit Card Supplying organization;
Money Changer;
Air Conditioned Tailoring Shop;
Amusement and Theme Park;
Picnic Spot and Shooting spot;
House clearing and Maintenance organization;
Lottery ticket seller;
Immigration Advisor;
Coaching Centre;
English Medium School;
Private Medical and Engineering College;
Advance Trade VAT (ATV)
Rate of
Deduction (%)
2.25
2.25
15
4.5
15
4.5
5.0025
4.5
2.25
4.5
4.5
4.5
2.25
4.5
4.5
4.5
15
15
15
5.0025
15
1.5
15
15
4.5
4.5
4.5
2.25
15
4.5
4.5
4.5
4.5
2.25
Gift Tax
51
Gift Tax:
The gift tax is leviable on gift made in any financial year on and from the 1st day of July 1990
at the prescribed in the schedule [u/s-3]. Gift means the transfer by one person to another of
any existing immovable or moveable property made voluntarily and without consideration of
any money or money's worth Sec 2 (d), The Gift Tax Act 1990;
The value of property under gift other than cash shall be the value which, in the opinion of the
Deputy Commissioner of Taxes, it would fetch if sold in the open market on the date of gift.
When a property is not saleable in the open market and its value cannot be determined
according to the rules prescribed for the purpose. Methods of valuation of gift have been
provided in the section 5 of the Gift Tax Act 1990.
1)
2)
3)
Gift tax shall not be charged under the Act in respect of the following gifts made by any
person:
under a will;
to sons, daughters, father, mother, his or her spouse, own brothers and sisters;
In addition to the above exemptions, gifts made in any financial year up to value of Tk.
20,000 are exempt from gift tax. The Government may by notification exempt any class
of gift or any class of person from gift tax.
Bangladesh Tax Handbook 2009-2010
67
Gift Tax
53. Provisions of the Gift Act shall NOT apply to following gifts made by: [Section 20]
1)
2)
any institution or fund, income whereof is exempt from income tax under paragraph 1
and 2 of Part A of the Sixth Schedule of the Income Tax Ordinance 1984;
68
10
15
20