Impact of Finance Act 2021 on income tax and VAT - Deloitte

 
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Impact of Finance Act 2021 on income tax and VAT - Deloitte
Impact of Finance Act 2021 on
income tax and VAT
July 2021
Impact of Finance Act 2021 on income tax and VAT - Deloitte
Preface
 The Finance Act, 2021 was published by the Government of Bangladesh on 30 June 2021; it came
 into effect from 1 July 2021.

 This publication summarises the major changes brought to income tax and value added tax law
 provisions through the Finance Act, 2021. It is intended to capture the major changes. Thus, it is not
 a comprehensive piece.

 The information contained here is of a general nature. Although we endeavour to provide accurate
 information at the time of preparation, there can be no assurance that such information would
 continue to be accurate in the future. No one should act on such information without appropriate
 professional advice.

© 2021 Deloitte Bangladesh                                              Impact on Income Tax and VAT | Finance Act 2021   2
Impact of Finance Act 2021 on income tax and VAT - Deloitte
Corporate tax
 Corporate tax rates

 Change in the tax rate for listed and non-listed companies

   Company type                          AY 2020-21           AY 2021-22                  Change

   Non-listed companies
   (e.g., private limited companies in   32.5%                30%
   general)

   Listed companies (other than FI,
                                         25%                  22.5%
   mobile, and tobacco companies)

   One Person company (OPC)              -                    25%                         new

© 2021 Deloitte Bangladesh                                            Impact on Income Tax and VAT | Finance Act 2021   3
Impact of Finance Act 2021 on income tax and VAT - Deloitte
Company type                                                          FY 2020-21                FY 2021-22

   Non-listed companies (private limited and
                                                                     32.5%                        30%
   non-listed public limited cos)

   Listed companies (other than bank, insurance, NBFI,
                                                                     25%                          22.5%
   and mobile cos)

   Listed banks, insurance cos, and NBFIs                            37.50%                       37.50%

   Non-listed banks, insurance, and NBFIs                            40%                          40%

   Merchant banks                                                    37.50%                       37.50%

   Listed mobile companies                                           40%                          40%

   Non-listed mobile companies                                       45%                          45%

   Tobacco/cigarette companies                                       45%                          45%

   One Person Company (OPC)                                          -                            25%

   Artificial juridical person and other entity                      Average rate                 30%

   Association of Persons (AoP)                                      32.5%                        30%

   Co-operative society                                              15%                          15%

   Private universities, private medical/dental colleges, private
   engineering colleges and private colleges engaged in imparting    15%                          15%
   education on information technology

© 2021 Deloitte Bangladesh                                          Impact on Income Tax and VAT | Finance Act 2021   4
Impact of Finance Act 2021 on income tax and VAT - Deloitte
Payment through non-banking modes

  Payments other than bank transfer (e.g., cash payment) are tax deductible in the following cases.

            Maximum BDT                        Maximum BDT                                     Maximum BDT
               20,000                             50,000                                         500,000

     • Payment of gross                 • Payment to Government                           • Purchase of raw
       salary/remuneration                bodies                                            materials
                                        • Purchase of raw materials

 Set-off losses
 Clarification for set-off of business losses has been made with the following clauses:

 • Any loss from business that is “exempted from tax” or loss from business that is taxed at a reduced
   rate, shall not be set off against any income from any other source.
 • Loss from any “speculation business” or “capital gains’’ shall be set off only against income from
   “speculation business” or “capital gains.’’

 Deduction from payment to contractors (section 52, rule 16)
 New TDS rates have been applied on supply of goods and execution of contracts. The payer will deduct
 tax at a 50% higher rate on payments to contractors (u/s 52), if the payee does not receive payment by
 bank transfer or mobile financial services or any other digital means approved by a Bangladeshi bank.

   FY 2020-21
   Income limit                                                                             TDS rate
   Where base amount does not exceed BDT 15 lakh                                            2%
   Where base amount exceeds BDT 15 Lakh but does not exceed BDT 50 lakh                    3%
   Where base amount exceeds BDT 50 lakh but does not exceed BDT 1 crore                    4%
   Where base amount exceeds BDT 1 crore                                                    5%

© 2021 Deloitte Bangladesh                                              Impact on Income Tax and VAT | Finance Act 2021   5
FY 2021-22
  Income limit                                                                           TDS rate
  Where base amount does not exceed BDT 50 lakh                                          3%
  Where base amount exceeds BDT 50 lakh but does not exceed BDT 2 crore                  5%
  Where base amount exceeds BDT 2 crore                                                  7%

 E-commerce platform is a tax withholding authority
 The platform entities have been included as a responsible entity to withhold tax from payment made
 to contractors. If annual turnover of an e-commerce platform entity exceeds BDT 1 crore, it has to
 deduct tax at source at the time of payment.

 Deduction from payment to a beneficiary of workers’ participation fund
 The regular withholding tax (WHT) rate remains same @ 5% on payment of WPPF to employees.
 However, no tax shall be deducted from the beneficiary of WPPF if:
 • the beneficiary does not have taxable income; and
 • amount of fund does not exceed BDT 25,000.

 Collection of tax on transfer of property
 Tax is collected at the time of registering property at applicable rates. No such tax will be collected, if:
 • transfer of property to a trust or special purpose vehicle established only for the purpose of issuing
   Sukuk approved by the government or Securities Exchange Commission and vice versa;
 • sale by a bank or any financial institution; and
 • mortgage of any property to any bank or financial institution.

 Deduction of tax from any income remitted from abroad
 Inward remittance in Bangladesh from abroad regarding any income is subject to withholding tax.

   Type of income                                                                    WHT rate
   Income from contracts on manufacturing, process or conversion, civil
                                                                                     7.5%
   work, construction, engineering, or works of similar nature
   Income from sale of software or the ITES business                                 NIL
   Income earned in abroad by each Bangladeshi citizen                               NIL
   Any other inward remittance                                                       10%

© 2021 Deloitte Bangladesh                                               Impact on Income Tax and VAT | Finance Act 2021   6
Collection of tax on account of import of goods
 Tax collection at source during import has been capped at maximum 20%. Such tax deducted will be
 considered as advance tax on the value of imported goods. It will be collected by the Commissioner of
 Customs at the time of customs assessment.

 Collection of tax on account of rental power
 Regular WHT rate remains same as 6% on payment to any person on account of purchase of power.

 If a power company is exempted from tax or subject to a reduced tax rate in an income year, it can
 apply and collect a certificate from NBR to that effect. Upon production of the certificate, the payee
 company will refrain from deduction of tax or deduct tax at an applicable reduced rate accordingly.

 Tax Deduction at Source (TDS)

  Source of income                                                        FY 2020-21                   FY 2021-22

  Supply of cement, iron, and iron products                               3%                           2%
                                                                          3% on                        2% on
  Import of raw materials related to cement production
                                                                          import value                 import value
  Sale of goods or property by public auction                             7.5%                         10%

                                                FY 2020-21                                FY 2021-22
   Stevedoring/berth operation
                                   Where base          Where base       Where base                  Where base
                                   amount does         amount           amount does                 amount
                                   not exceed BDT      exceeds BDT 25   not exceed BDT              exceeds BDT 25
                                   25 lakh             lakh             25 lakh                     lakh

   a)      On commission or fee    10%                 12%              10%                         12%

   b)      On gross bill amount    -                   -                1.5%                        2%

 Tax depreciation rate (changes)

  Asset class                                    FY 2020-21                         FY 2021-22
   Buildings (general)                           10%                                5%
   Factory buildings                             20%                                10%

© 2021 Deloitte Bangladesh                                              Impact on Income Tax and VAT | Finance Act 2021   7
Income tax exemptions
 Sixth schedule, Part – A additions

   Information technology business definition expanded
   The information technology-based business was already defined in tax law. The definition has been
   widened by adding the below sources of income. ITES income is exempted from income tax until 30
   June 2024.

   • Cloud service
   • System integration
   • E-learning platform
   • E-book publications
   • Mobile application development service
   • IT freelancing

 Tax holiday (new sectors)
 Tax holiday has been offered for 10 years to the following sectors, subject to fulfilment of certain
 conditions and commencement of the commercial production between 1 July 2021 and 30 June 2030.

     Motherboard,            Home and          Hospital          Diploma and                      Motor car/
       UPS, sound             kitchen            and              vocational                      automotive
      system, USB            appliances       healthcare         education on                       (3- or 4-
      cable, CCTV,                             services           agriculture,                     wheelers)
     and pen drive                                                 fisheries,
                                                                 science, and
                                                                       IT

© 2021 Deloitte Bangladesh                                           Impact on Income Tax and VAT | Finance Act 2021   8
Other major changes

                  Tax is exempted for income derived from SME business engaged in

1
                  production of any goods:
                  • having an annual turnover of not more than BDT 50 lakh; in general; and
                  • having an annual turnover of not more than BDT 70 lakh where the SME is
                    owned by a female

2                  5% tax rebate facility for the employer who will employ
                   transgenders containing 10% of employees.

© 2021 Deloitte Bangladesh                                                   Impact on Income Tax and VAT | Finance Act 2021   9
Individual tax
 Individual tax rates

 Resident and non-resident Bangladeshi

                                                                                AY 2020-21              AY 2021-22
  Income                                                                        Rate of tax             Rate of tax
  On the first TK. 300,000 of total income of male assessee                     Nil                     Nil
  On the first TK. 350,000 of total income of female assessee                   Nil                     Nil
  On the first TK. 350,000 of total income of third gender assessee             -                       Nil
  On the first TK. 350,000 of total income of persons aged 65 years and
                                                                                Nil                     Nil
  above
  On the first TK. 450,000 of total income of person with disability            Nil                     Nil
  On the first TK. 350,000 of total of income of father/TK. 400,000 of total
                                                                             Nil                        Nil
  of income of mother of person with disability
  On the first TK. 475,000 of total income for gazetted war wounded
                                                                                Nil                     Nil
  freedom fighters
  On the next TK. 100,000 of total income                                       5%                      5%

© 2021 Deloitte Bangladesh                                             Impact on Income Tax and VAT | Finance Act 2021   10
Resident and non-resident Bangladeshi

                                                                             AY 2020-21              AY 2021-22
 Income                                                                      Rate of tax             Rate of tax
 On the next TK. 300,000 of total income                                     10%                     10%
 On the next TK. 400,000 of total income                                     15%                     15%
 On the next TK. 500,000 of total income                                     20%                     20%
 On the balance of total income                                              25%                     25%
 Non-resident individual foreigner assessee                                  30%                     30%

 Surcharge (based on individual net wealth)

   Assessment year: 2020–2021                   Assessment year: 2021–2022
   (Income year: 2019-2020)                     (Income year: 2020-2021)
   Total net worth                       Rate   Total net worth                                      Rate
   Up to TK. 3 crore                     Nil
                                                Up to TK. 3 crore                                    Nil
   More than TK. 3 crore but not         10%
   more than TK. 5 crore; or,                   More than TK. 3 crore but not more                   10%
                                                than TK 10 crore
   Individual having more than 1         10%
   motor vehicles in his/her own                Individual having more than 1 motor 10%
   name                                         vehicles
   Individual having house property in 10%
   city corp. of more than 8,000 sft            Individual having house property in                  10%
                                                city corp. of more than 8,000 sft.
   More than TK. 5 crore but not         15%
   more than TK. 10 crore                       More than TK. 10 crore but not                       20%
                                                more than TK. 20 crore
   More than TK. 10 crore but not        20%
   more than TK. 15 crore                       More than TK. 20 crore but not                       30%
                                                more than TK. 50 crore
   More than TK. 15 crore but not        25%
   more than TK. 20 crore
                                                More than TK. 50 crore                               35%
   More than TK. 20 crore                30%

© 2021 Deloitte Bangladesh                                          Impact on Income Tax and VAT | Finance Act 2021   11
Requirement of twelve-digit taxpayer’s identification number in certain cases
 New insertion (extension of tax net)

 Savings certificate                    Postal savings accounts                          Co-operative society
 Purchasing savings instruments         Opening postal savings                           Obtaining registration
 (Sanchayapatra) of amount              accounts of amount                               of co-operative society
 exceeding BDT 2 lakh                   exceeding BDT 2 lakh

 Minimum tax (Section 82C) for individual
 assessee
 Minimum tax rate for individual assessee
 with gross receipts of BDT 300 million or
 more in “business or profession” will be
                                                 Gross             0.50%                        0.25%
                                                 receipt          FY 2020-21                 FY 2021-22
 applicable as follows (other than individuals
 engaged in the business of mobile phone
 operation or manufacturing of cigarette,
 chewing tobacco, smokeless tobacco, or
 any other tobacco products)

© 2021 Deloitte Bangladesh                                             Impact on Income Tax and VAT | Finance Act 2021   12
Special tax treatment in respect of undisclosed property (money whitening)
 No question as to the source of any undisclosed property shall be raised by any authority, if an
 individual assessee pays tax at the rate specified in the following tables and submits tax
 return/revised tax return.

     25% tax on the              Tax of BDT 200          25% tax on the                      10% tax on the
   total investment +            to BDT 20,000           total amount +                       investment
   5% penalty on the           payable per square       5% penalty on the                       amount
      tax amount                meter based on             tax amount
                                    location

        Investment in            Tax on land and       Cash, bank deposits,                Investment in new
     securities/ shares           apartment per        financial instruments                    industrial
    If the investment is       specified rate based                                            undertaking
     withdrawn within           on location of the                                               between
                                     property          All kinds of deposits,                1 July 2021 and
        one year, 10%                                  saving instruments,                    30 June 2022
       penalty will be                                     or certificates
           imposed

 Individual investment tax credit

         Assessment year: 2020–2021                           Assessment year: 2021–2022
         (Income year: 2019-2020)                             (Income year: 2020-2021)
         Individual assesses can claim tax                    Individual assesses can claim tax
         rebate on investments. Allowable                     rebate on investments. Allowable
         investment will be calculated at                     investment will be calculated at
         the lower of the following:                          the lower of the following:
         • 25% of taxable income; or                          • 25% of taxable income; or
         • Actual investment                                  • Actual investment
         • 1.5 crore taka                                     • 1 crore taka

© 2021 Deloitte Bangladesh                                             Impact on Income Tax and VAT | Finance Act 2021   13
Statement of assets, liabilities, and life style
 Individuals fulfilling the following conditions are required to submit the wealth statement, along
 with tax return.

  Individual who
  a) Had gross wealth exceeding BDT 40 lakh in the last date of
     income year
  b) Owns a motor car                                                       Same as last year
  c) Invested in a house property or an apartment in the city
     corporation area
  Every non-resident Bangladeshi in respect of assets located in
  Bangladesh
  Every foreigner in respect of assets located in Bangladesh                New provision inserted
  Every individual assessee, whose total income exceeded BDT                this year
  400,000 as on the last date of the income year
  Every individual assessee, being a shareholder director of a company

© 2021 Deloitte Bangladesh                                             Impact on Income Tax and VAT | Finance Act 2021   14
Value Added Tax (VAT)
 VAT agent of non-residents
 In Bangladesh, the VAT law has provisions of VAT registration for non-residents. VAT agents are
 required to apply to NBR for VAT registration on behalf of non-residents. Earlier, a VAT agent was
 jointly and severally responsible for represented non-resident’s VAT payment/liabilities. Finance Act
 2021 has updated this clause as below.

 • Non-resident will be liable for all VAT payments (VAT, interest, and penalty).
 • VAT agent will be responsible for VAT compliance reporting activities of the represented non-
   resident.

© 2021 Deloitte Bangladesh                                               Impact on Income Tax and VAT | Finance Act 2021   15
VAT registration and compliance of non-residents through consultant/firm acting as a VAT agent

     Non-                    Consultant/        NBR           Non-          NBR to           VAT agent                  Non-
  resident to                firm applies    appoints       resident     issue a VAT        to maintain              resident to
  submit EOI                   to NBR to    consultant     applies to    registration           VAT                     make
       to                    act as a VAT   / firm as a        NBR        certificate       compliance               applicable
  consultant/                  agent on     VAT agent      through a        to non-           for non-                   VAT
  firm to act                  behalf of                   VAT agent       resident           resident                payment
    as a VAT                      non-                       for VAT                                                through the
     agent                      resident                  registration                                                VAT agent

 Input VAT credit
 The exporter can claim input VAT credit.

 Central VAT registration
 This will not be applicable for supply of tobacco products for better monitoring by NBR

 Zero VAT rate for service export
 Service export outside Bangladesh is likely to be zero rated as before. The related conditions thereto
 have been removed through Finance Act 2021.

 Input-Output co-efficient is required for goods and not for services
 The coefficient form is required to be reported for supply of goods. It is not required for supply of
 service.

   Advance VAT (AT)

    Import stage AT                                            Previous rate                    New rate
    Import of raw materials for manufacturing                  4%                               3%
    All other import of goods                                  5%                               5%

   Change in VDS rate

    Particulars                                                Previous rate                    New rate

    S001.20: Non-AC restaurant                                 7.5%                             5%
    S001.20: AC restaurant                                     15%                              10%
    S001.10: Non-AC hotel                                      7.5%                             7.5%
    S001.10: AC hotel                                          15%                              15%
© 2021 Deloitte Bangladesh                                                       Impact on Income Tax and VAT | Finance Act 2021   16
Input VAT credit
 If output (sales) value is less than input (purchase) value, input VAT credit will not be allowed.

 Submission of audited financials to VAT authority
 Audited financial statements need to be submitted to VAT authority within six months from the end of
 each income year. Timeline may be extended for additional six months through application.

 Adjustment time limit for VDS
 The VDS adjustment timeline starts from “date of payment” against the supply. Decreasing
 adjustment for such VDS should be made in the same tax period or within the next tax period from the
 date of payment.

 Input VAT credit on bank, insurance, and port authority invoice
 Bank, insurance, and port authorities issue invoices specifying VAT amount. These invoices do not
 resemble the VDS format. However, these can also be treated as Mushak 6.3 and allowed for input VAT
 credit.

   VAT penalty and interest

   Item                      Non-compliance                Previous rate                  New Rate
   VAT penalty               Payment of less output tax,   Two times of the VAT           One time of the VAT
                             wrong input tax               demand amount                  demand amount
                             credit/adjustment, and VAT
                             evasion

   Interest on               Any VAT non-compliance        About 2% on VAT                About 1% on VAT
   VAT                                                     liability per month            liability per month
   (other than
   VDS)

 Connect with us
 Nurul Haque
 Country Managing Partner, Tax and Legal
    nhaque@deloitte.com

© 2021 Deloitte Bangladesh                                                 Impact on Income Tax and VAT | Finance Act 2021   17
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