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