Bangladesh Tax Handbook 2015-2016
Bangladesh Tax Handbook 2015-2016
Bangladesh Tax Handbook 2015-2016
TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
MAJOR CHANGES IN 2015 - 2016................................................................. 1
1
Major changes in Income Tax.............................................................. 3
2
Major changes in Value Added Tax (VAT)................................................ 22
SUMMARY OF INCOME TAX........................................................................ 23
3
Important definitions...................................................................... 25
INCOME ......................................................................................... 26
4
Residential status.......................................................................... 26
5
Scope of the total income................................................................ 26
6
Heads of income............................................................................ 27
7
Income from salary........................................................................ 27
8
Interest on securities...................................................................... 29
9
Income from house property............................................................. 30
10 Agricultural income........................................................................ 31
11 Income from business or profession..................................................... 32
11.1 Admissible deductions.............................................................. 33
11.2 Deductions not admissible in certain circumstances.......................... 35
11.3 Normal depreciation allowance.................................................. 36
11.4 Initial depreciation................................................................. 38
11.5 Accelerated depreciation allowance............................................. 38
11.6 Amortization of license fees...................................................... 39
12 Capital gains................................................................................ 39
13 Income from other sources............................................................... 40
14 Deemed income............................................................................ 41
TAX RATE STRUCTURE............................................................................ 44
15 Personal tax rate structure............................................................... 44
15.1 Tax on capital gain.................................................................. 45
15.2 Other tax rates...................................................................... 45
15.3 Minimum tax......................................................................... 45
15.4 Surcharge on individual assessee................................................. 45
15.5 Incidence of tax on non-resident assessee...................................... 46
16 Corporate tax rate structure............................................................. 46
16.1 Minimum tax......................................................................... 47
16.2 Additional tax....................................................................... 48
16.3 Excess profit tax..................................................................... 48
TABLE OF CONTENTS
17
18
19
20
21
23
24
25
26
27
Mode of payment........................................................................... 65
ASSESSMENT........................................................................................ 66
28
Provisional assessment.................................................................... 66
29
30
Universal self-assessment................................................................. 66
31
Spot assessment............................................................................ 67
32
33
34
35
Other assessments......................................................................... 68
TAX INCENTIVE..................................................................................... 69
36
Tax exemption.............................................................................. 69
37
38
Tax rebate................................................................................... 90
39 Conditions for tax exemption for newly established industrial undertaking and
newly established physical infrastructure facility.................................... 93
40
41
42
43
TABLE OF CONTENTS
TRANSFER PRICING................................................................................ 98
44
Transfer pricing............................................................................. 98
47
48
49
50
51
Gift tax.....................................................................................117
53
54
55
MAJOR CHANGES IN
2015 - 2016
MAJOR CHANGES IN
2015 - 2016
The ceiling of maximum tax exempted income for the individual assessee
has been enhanced from BDT 220,000 to BDT 250,000 for male, from BDT
275,000 to BDT 300,000 for women and senior citizens aging over 65 years,
from BDT 350,000 to BDT 375,000 for physically challenged people and from
BDT 400,000 to BDT 425,000 for gazetted war-wounded freedom fighters.
These changes will be in effect from 1 July 2015.
The 6 tier income slabs and tax rate structure applicable for individual
assessee (including non-resident Bangladeshi), Hindu undivided family,
firm, association of persons, artificial juridical person and Non-Government
Organization (NGO) have been changed with effect in the Income Year
2014-2015 and Assessment Year 2015-2016. A comparative personal tax rate
structure is shown below
Assessment Year: 2015-2016
(Income Year: 2014-2015)
Income
Rate of Income
tax
On the first BDT 250,000
Nil
On the first BDT 220,000
of total income of male
of total income of male
assesse
assesse
On the first BDT 300,000
Nil
On the first BDT 275,000
of total income of female
of total income of female
assesse
assesse
On the first BDT 300,000
Nil
On the first BDT 275,000
of total income of persons
of total income of persons
aged 65 years & above
aged 65 years & above
On the first BDT 375,000
Nil
On the first BDT 350,000 of
total income of physically
of total income of physically challenged assessee
challenged assessee
On the first BDT 425,000
Nil
On the first BDT 400,000
of total income for
of total income for gazettgazetted war wounded
ed war wounded freedom
freedom fighters
fighters
On the next BDT 400,000
10%
On the next BDT 300,000 of
of total income
total income
Bangladesh Tax Handbook 2015-2016
Rate of
tax
Nil
Nil
Nil
Nil
Nil
10%
15%
20%
25%
30%
30%
15%
20%
25%
30%
30%
Assessment Year
2015-2016
Assessment Year
2014-2015
BDT 5,000
BDT 3,000
BDT 4,000
N/A
BDT 3,000
N/A
N/A
BDT 2,000
N/A
BDT 1,000
Minimum surcharge has been fixed at BDT 3,000 for the Assessment Year 20152016 in case of net wealth exceeding BDT 2.25 crore, whereas there was no
minimum limit of surcharge for the Assessment Year 2014-2015.
Tax rates applicable for certain companies have been changed as follows
Assessment Year Assessment Year
2015-2016
2014-2015
Rate of tax
Rate of tax
Sl.
Applicable for
1.
35%
35%
2.
25%
27.5%
3.
42.5%
42.5%
42.5%
40%
42.5%
- Publicly traded
- Non-publicly traded
- Bank, insurance company
and financial institution
obtaining approval from
Government in 2013
Bangladesh Tax Handbook 2015-2016
Sl.
Applicable for
4.
Merchant bank
5.
Cigarette manufacturing
company
Publicly traded
Other
37.5%
37.5%
45%
45%
40%
45%
6.
45%
45%
7.
40%
40%
8.
20%
20%
9.
Cigarette manufacturing
entity other than company
45%
15%
Section 2(35) regarding the definition of income year has been replaced. As
per the replaced definition the income year has been determined as follows XX For a newly set up business: From the date of setting up the business to
following 30 June
XX For a new source of income: From the date of existence to following 30 June
XX
XX
XX
XX
The replaced definition would be effective from assessment year 2016 2017.
For a company
following
January
December
accounting year /
income year
For a company
following
April March
accounting year /
income year
For a company
following
September
August
accounting year /
income year
1 Jan, 2015
31 Dec, 2015
1 Jan, 2016
30 Jun, 2016
1 Jul, 2016
30 Jun, 2017
1 Apr, 2015
31 Mar, 2016
1 Apr, 2016
30 Jun, 2016
1 Jul, 2016
30 Jun, 2017
1 Sep, 2015
30 Jun, 2016
1 Jul, 2016
30 Jun, 2017
1 Jul, 2017
30 Jun, 2018
So such an assessee will have to file 2 separate account statements and income
tax returns on assessment year 2016 2017 and there will be 2 separate
assessments for them.
Section 16B regarding charge of additional tax has been replaced. As per the
replaced section
XX
XX
Additional tax equivalent to the higher (a) 50% of tax liability or (b) BDT
500,000 shall be charged, if an employer employs a non-Bangladeshi
citizen / expatriate during the income year without prior approval of
the Board of Investment or any competent authority.
Minimum tax at 0.10% on gross receipts has been imposed on new industrial
undertakings engaged in manufacturing of goods for first 3 income years since
commencement of commercial production.
3 new paragraphs have been added in Section 19 which are Section 19(29),
19(30), 19(31). A summary of the added paragraphs is given below
XX
XX
XX
The applicable tax rate for investment in residential building and apartment
in certain areas for special tax treatment under Section - 19BBBBB has been
changed as follows
Areas of
residential
building or
apartment
Paurasabha or
any district
headquarter
Area other
than the areas
specified in
19BBBBB(a)(d)
Amount tax
(per sq. meter)
Assessment year
2015 - 2016
Plinth area up to
200 s.m: BDT 600
Plinth area
exceeding 200
s.m: BDT 800
Amount tax
(per sq. meter)
Assessment year
2014 - 2015
Plinth area up
to 200 s.m: BDT
1000
Reference
Section 19BBBBB(d)
Plinth area
exceeding 200
s.m: BDT 1500
Plinth area up to
200 s.m: BDT 400
Plinth area up to
200 s.m: BDT 700
Plinth area
exceeding 200
s.m: BDT 600
Plinth area
exceeding 200
s.m: BDT 1000
Section 19BBBBB(e)
XX
Through insertion of a proviso, any loss in respect of any income from any head has
been barred from being set off against any income from manufacturing of cigarette.
XX
The following income of a co-operative society have been scoped out from
the benefit of tax exemption
XX
XX
Income from interest and dividends derived from its investments with
any other co-operative society
A provision has been added specifically scoping in the salary of Government officials
within the applicability of deduction of tax at source. Tax at source on salary drawn
from Government has been imposed at the average rate applicable to the estimated
total income of the official. The Government Accounts Office shall issue a tax
deduction certificate in this regard within 31 July of following financial year.
Treasury bond and treasury bill issued by Government has been scoped out
from the requirement of tax deduction at source.
Section 52AA has been replaced with a more elaboration of the deduction
rate for certain services, as given below
10
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Catering service
Cleaning service
a) commission
b) gross receipt
Collection and recovery agency
a) commission
b) gross receipt
Contract or toll manufacturing
Credit rating agency
Event management
a) commission
b) gross receipt
Indenting commission
Meeting or training fees or honorarium
Mobile network operator, technical support service
provider or service delivery agents engaged in
mobile banking operations
Motor garage or workshop
Printing service
Private container port or dockyard service
Private security service provider
a) commission
b) gross receipt
Product processing charge
Shipping agency commission
Stevedoring / berth operation commission
Supply of manpower
a) commission
b) gross receipt
Transport provider
Any other service which is not mentioned in Chapter
VII and is not a service provided by any bank,
insurance or financial institutions
Rate of
deduction
10%
10%
1.5%
10%
1.5%
10%
10%
10%
1.5%
7.5%
10%
10%
5%
3%
5%
10%
1.5%
10%
5%
10%
10%
1.5%
3%
10%
Any person responsible for collecting VAT from cigarette manufacturers has
been made responsible to collect tax 3% of Maximum Retail Price (MRP) while
collecting VAT.
11
A new section has been inserted imposing 0.30% tax to be deducted at source
by respective airlines from total value of tickets (exclusive of charges/taxes)
of an airlines or any charge for carrying cargo to be paid to any travel agent.
The rate of tax to be deducted at source has been changed to 4% from 3%.
The rate of tax to be deducted at source has been changed to 10% from 7.5%.
1.24 Deduction at source from interest on saving deposits and fixed deposits,
etc. [Section 53F]
The rate of tax to be deducted at source has been changed to 4% from 3%.
1.26 Deduction of tax from any sum paid by real estate developer to land owner
[Section 53P]
A new section has been inserted imposing 15% tax to be deducted at source
on any amount paid in the name of signing money, subsistence money, house
rent etc. to land owner by any real estate or land development business.
12
XX
XX
Section 56 has been replaced with a more elaboration of the deduction rate
for certain income of non-residents, as given below
Sl.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Description of payment
Accounting or tax consultancy
Advertisement making
Advertisement broadcasting
Advisory or consultancy service
Air transport or water transport
Architecture, interior design or landscape design
Artist, singer or player
Capital gain received a) from capital assets (not being securities listed
with stock exchange)
b) by a company or firm if such gain arises from
securities listed with any stock exchange in
Bangladesh which is not exempted from tax in
the country of such non-resident
Certification
Charge or rent for satellite, airtime or frequency
Contractor, sub-contractor or supplier
Courier service
Dividend
a) company
b) any other person, not being a company
Insurance premium
Interest, royalty or commission
Legal service
Machinery rent
Management or event management
Pre-shipment inspection service
Professional service
Salary or remuneration
Exploration or drilling in petroleum operation
Rate of deduction
20%
15%
20%
30%
7.5%
20%
30%
15%
10%
30%
20%
5%
15%
20%
30%
10%
20%
20%
15%
20%
30%
20%
30%
5.25%
13
Rate of deduction
5.25%
5.25%
30%
Change in Section 75 had been made allowing the DCT the power to
extend the date for submission of return up to 2 months (previously it was
3 months) from the specified date. He may further extend the date up to 2
months (previously it was 3 months) with the approval of the Inspecting Joint
Commissioner.
Sub section 82BB(1) has been replaced, The replacement states that
XX
XX
After processing the return, the DCT shall send the assessee a demand
notice along with an intimation specifying computed income, tax
liability, tax credit allowed, net tax payable or refundable and other
particulars, within 30 days of computation. Provided that no such
intimation shall be sent after 12 months from the end of the financial
year in which the return is furnished.
No demand notice requiring the assessee to pay more tax will be made unless
he/she has been given an opportunity of being heard.
1.31 Tax deducted or collected at source from the following items has been included
in this section to be treated as final discharge of tax liability [Section 82C]
XX
XX
XX
Collection of tax from travel agent at the rate of 0.3% under Section 52JJ [Section - 82C(2)(eeee)]
14
XX
Collection of tax from export of any goods except certain items at the
rate of 0.60% under Section - 53BBBB [Section - 82C(2)(kk)]
XX
XX
Deduction of tax from gains of securities traded in the stock exchange under
Section - 53O has been withdrawn as final discharge of tax liability.
Section 107F has been replaced. The replaced section allows the DCT to
require any person entering into international transaction(s) with aggregate
value exceeding BDT 3 crore to furnish a report from a Chartered Accountant
or Cost and Management Accountant by issuing a notice.
A new section has been inserted imposing penalty (upto 2% of the value of the
international transaction) on a person failing to comply with the provision of
Section - 107EE.
XX
Higher of (a) 50% of the tax liability on the last assessed income or (b)
BDT 1,000 for individual assessee assessed previously
1.35 Penalty for failure to verify the Taxpayers Identification Number [Section
- 124AA]
15
Section 153(e) has been replaced. The replaced clause scoped in the
imposition of penalty on assessee except for a company under Chapter XIA,
Chapter XV, Section 137 of Chapter XVI to the provisions eligible for
appealing to the Appellate Joint Commissioner under this section.
A provision has been added making submission of twelve digit TIN a requirement
for parents applying for admission of their children at any English medium
school following international curriculum and situated in any city corporation
or paurashabha of a district headquarter.
The following cases have been relieved from the requirement of submission
of twelve digit TIN
XX
XX
16
XX
XX
XX
A new provision has been inserted making any income received from
Wage earners development bond, US dollar premium bond, US dollar
investment bond, Euro premium bond, Euro investment bond, Pound
sterling investment bond or Pound sterling premium bond exempted
from tax [Para 24A]
XX
The exemption period for any income derived from the business of
software development, Nationwide Telecommunication Transmission
Network (NTTN) or Information Technology Enabled Services (ITES) has
been extended till 30 June, 2024 [Para 33]
XX
XX
A new provision has been included making any income (except for
interest or dividend income) classifiable under the head income from
other sources which is received by any education institution exempted
from tax provided that such institution
-- is enlisted for Monthly Pay Order (MPO) of the Government
-- follows the curriculum approved by the Government
A new provision has been included making any income (except for
interest or dividend income) classifiable under the head income from
17
This rule has been replaced. As per the replaced rule tax shall be collected
on imported goods by the Commissioner of Customs or any appropriate officer
under Section 53 at the following rates XX
XX
XX
BDT 800 per ton in case of imported goods specified in Rule 17 (c)
1.45 Issuance of certificate to the person from whom tax has been deducted
[Rule 18]
A new rule has been inserted providing the form of annual certificate regarding
deduction of tax from the Goverment Officials under Section 50(1B) to be
issued.
This rule has been replaced. The format of return of withholding tax to be
filed by a company under Section - 75A has been modified accommodating the
new and changed areas of tax deducted at source.
18
in cash has been increased to BDT 25,000 per month from BDT 20,000 per
month. So now the allowed exemption limit is lower of (a) BDT 25,000 per
month or (b) 50% of basic salary.
1.49 Conveyance provided for personal or private use [Rule - 33D]
Rule 37(1) has been replaced. The replaced clause has specified only the
following bodies to be recognized by the Board as association of accountants
for the purpose of Section - 174(2)(e)
XX
XX
XX
XX
XX
XX
A new rule has been inserted providing the form of certificate to be issued by
the Deputy Commissioner of Taxes regarding collection of tax from shipping
19
This rule has been replaced. The replaced rule has modified the form of
report from a Certified Accountant to be furnished under Section - 107F.
The time period for which a company engaged in textile industry (yarn
manufacturing, yarn dying, finishing, coning, fabric manufacturing, fabric
dying, finishing, printing etc.) enjoys reduced rate of tax at 15% has been
extended till 30 June, 2019.
1.56 Extension of time period for reduced rate of tax for jute industry [SRO
194 - AIN/IT/2015]
The time period for which a jute goods manufacturing industry enjoys reduced
rate of tax at 15% has been extended till 30 June, 2019.
1.57 Tax holiday for Securities and Exchange Commission [SRO 195 - AIN/
IT/2015]
2nd Year
80%
3rd Year
60%
4th Year
40%
5th Year
20%
Basic salary, festival bonus and bonus of Government officials has been
20
brought within the scope of tax. Any other allowances and benefits received
by such officials would remain tax exempted.
1.59 Reduction of tax rate on income from certain areas [SRO 199 - AIN/
IT/2015]
Reduced rate of tax has been offered for income from production of pelleted
poultry feed, production of pelleted feed for fish, shrimp and cattle,
production of seeds, marketing of locally produced seeds, cattle farming,
dairy farming, frog farming, horticulture, silk tree plantation, bee keeping,
silk worm farming, mushroom farming, floriculture, as stated below
Income
On first BDT 10 lakh
On next BDT 20 lakh
On the balance amount
Tax rate
3%
10%
15%
1.60 Reduction of tax rate on income from poultry [SRO 254 - AIN/IT/2015]
Reduced rate of tax has been offered for income from poultry as stated below
Income
On first BDT 20 lakh
On next BDT 10 lakh
On the balance amount
Tax rate
nil
5%
10%
1.61 Reduction of tax rate on income from hatchery [SRO 255 - AIN/IT/2015]
Reduced rate of tax has been offered for income from hatchery as stated
below
Income
Tax rate
nil
5%
10%
21
Persons not having turnover tax enlistment have been scoped in this section.
As a result any person not having either VAT registration or turnover tax
enlistment would not be able to participate in any tender. Moreover no work
order shall be passed in favor of such person.
2.2
XX
XX
XX
2.3
Penalty has been imposed on any registered person receiving any goods or
services without VAT Challan.
The time limit for a person to include purchase information in the purchased
register has been extended from 24 hours to 48 hours. Exceeding this time
limit would subject the person to penalty.
2.4
2.5
Imposition of VAT
XX
2.6
[SRO 119 Ain/2015/725 Mushak] has listed the goods and services which
has been exempted from VAT.
22
SUMMARY
SUMMARY OF INCOME TAX
OF INCOME TAX
23
24
3. Important definitions
Assessee [Section - 2(7)]: Assessee means a person by whom any tax or other sum
of money is payable under ITO, 1984.
Income [Section - 2(34)]: Income means any income, profits or gains derived from
whatsoever source; any loss of such income, profits or gains; deemed income; income
accruing or arising or received or deemed to accrue or arise or to be received under
any provision of ITO, 1984.
For a newly set up business: From the date of setting up the business to
following 30 June
XX
For a new source of income: From the date of existence to following 30 June
XX
XX
XX
XX
Assessment Year [Section - 2(9)]: Assessment year means the period of twelve
months commencing on the 1 July every year. This is the financial year immediately
following the income year.
From 1 July, 2016 the income year for all assessees (except for bank, insurance and
financial institutions) would be 1 July to 30 June and the assessment year would be
following July June. From 1 July, 2016 the income year for all banks, insurance and
financial institutions would be 1 January to 31 December and the assessment year
would be following July June.
Tax [Section - 2(62)]: Tax means the income tax payable under the ITO, 1984 and
includes any additional tax, excess profit tax, penalty, interest, fee or other charge
leviable or payable under the Ordinance.
25
Income
4. Residential status
[Section 2(55)]
Individual An individual will be a resident in any income year if he fulfills any of the
following two conditions
XX
If he stays in Bangladesh for a period of, or for a period amounting in all to, one
hundred and eighty two (182) days or more in that year or
XX
For a period of, or periods amounting in all to, ninety (90) days or more in that
year having previously been in Bangladesh for a period of, or periods amounting in
all to, three hundred and sixty five(365) days or more during four years preceding
that year.
Hindu Undivided Family, Firm, Other Association of Persons Such persons will
be resident if its control and management of affairs is situated wholly or partly in
Bangladesh in the income year.
The calculation of total income of a person for an income year depends on the
residential status.
Resident assessee
Non-resident assessee
26
6.
Heads of income
[Section 20]
For the purpose of computation of total income and charge of income tax, all incomes
shall be classified and computed under the following heads of income
a) Salaries
b) Interest on securities
c) Income from house property
d) Agricultural income
e) Income from business or profession
f) Capital gains
g) Income from other sources
[Section 2(45), 2(58), 21; Rule 33A to 33J; Sixth Schedule Part - A]
Contribution to PF
Festival Bonus
Pension Fund
Gratuity Fund
Arrear Salary
Superannuation Fund
Advance Salary
Project pay
Leave Encashment
Compensation pay
Overtime
Perquisites include the following as per section - 2(45), 30(e) and Rule - 33A-33J:
Any benefits other than the items included under salary shall be considered as
perquisites. Examples of perquisites are:
XX
Dearness allowance
27
XX
XX
XX
Medical allowance allowed up to BDT 120,000 or 10% of basic salary whichever is less
XX
Based on various provisions of Income Tax Ordinance, 1984 and Rule 33A to Rule 33J
of Income Tax Rules, 1984 the following elements will be included while computing
income from salary
XX
Basic salary
XX
Dearness allowance
XX
Overtime
XX
Bonus
XX
House rent allowance receivable in cash: amount in excess of 50% of basic salary
or BDT 25,000 per month whichever is less [Rule 33A]
XX
XX
XX
XX
XX
XX
Free or concessional passage for travel abroad or within Bangladesh: [Rule 33G]
-- If provided in accordance with terms of employment: amount in excess of
actual expenditure
-- If not provided in accordance with terms of employment: entire amount
-- If travel abroad is availed more than once in two years: the entire amount
XX
XX
28
XX
XX
XX
Accrued salary
XX
Advance salary
XX
Leave encashment
XX
XX
Gratuity: amount in excess of BDT 2 crore 50 lakh (6th Schedule, Part A, Para 20)
8. Interest on securities
[Section 22, 23]
The following income are classifiable under the head interest on securities
XX
XX
XX
XX
29
House property consists of building, appurtenant land, furniture, fixture, fittings etc.
Income from house property whether used for commercial or residential purposes is
taxable on the basis of its annual value.
Definition of Annual Value [Section 2(3)]: Annual value refers to the higher of (a)
the sum reasonably expected from letting out any house property from year to year
or (b) any sum received as annual rent from such house property.
XX
XX
XX
XX
Ground rent
XX
XX
XX
Maintenance allowance
-- House property used for residential purpose: 25% of annual value
XX
Any person receiving any sum or aggregate of sums exceeding BDT 25,000 per month
as rent of any house property is required to maintain a bank account in any scheduled
bank for the purpose of depositing such rent or any advance received or receivable
from such house property. He/she shall also maintain a separate register and record
regarding particulars of the tenant or tenants and the sum or sums received.
30
ny income derived from any land in Bangladesh and used for agricultural
A
purpose:
-- By means of agriculture
-- Is occupied by the cultivator of any such land as referred above in which any
process to render any such produce as marketable is carried on
-- Is on or in the immediate vicinity of such land
The following income of an assessee is assessable under the head agricultural income
XX
XX
Income from sale of machinery or plant used for agricultural purpose as referred
to in Section - 19(17) [Sale proceed - (orginal cost - written down value)]
XX
XX
60% of income derived from sale of tea grown and manufactured in prescribed
manner [Rule 31]
XX
Income from sale of rubber, tobacco, sugar or any other produce grown and
manufactured in prescribed manner [Rule 32]
XX
Tax, local rate or cess paid on the land used for agricultural purposes
31
XX
-- If books of accounts are not maintained, 60% of the market value of the
produce of the land
-- Adhi, barga, bhag, no deduction is allowed
XX
XX
XX
XX
XX
XX
XX
XX
The following income of an assessee is assessable under the head income from
business or profession
XX
XX
XX
XX
XX
Income from sale of building, machinery or plant used for business and profession
as referred to in Section - 19(16) [Sale value (Original cost Written Down
Value)]
XX
XX
Income from sale of capital asset for scientific research as referred to in Section
- 19(20) (Sale value Expenditure allowed as deduction under Section 29(xx))
XX
32
XX
XX
Interest paid or profit shared with a bank run on Islamic principles in respect of
capital borrowed [Para - 1(iii)]
XX
Distribution of profit received from a bank run on Islamic principles [Para - 1(iv)]
XX
XX
XX
XX
XX
XX
Investment allowance of 20% of original cost for the first year, for passenger
vessel or fishing trawler entitled to special depreciation allowance [Para - 1(ix);
Third Schedule, Para - 8]
XX
Obsolescence allowance for building, machinery, plant or any other fixed asset
except imported software [Para - 1(xi); Third Schedule, Para 10]
XX
XX
Land development tax or rent, local rates or municipal taxes for premises [Para
- 1(xiii)]
XX
XX
XX
XX
A written off irrecoverable debt in the assessable income year which is established
by the DCT to have become irrecoverable in a prior year, allowed as deduction
for the relevant prior year by the DCT [Para - 1(xvii)]
XX
Expenditure for scientific research except for capital expenditure [Para - 1(xix)]
XX
Capital expenditure for scientific research, subject to certain condition [Para 1(xx)]
33
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
Industry
Turnover
All except
pharmaceuticals
industry
Rate for
allowance
1.5%
0.75%
0.375%
34
Industry
Turnover
Pharmaceuticals
industry
Rate for
allowance
2%
1%
.50%
XX
XX
Royalty, technical services fee, technical know-how fee, technical assistance fee
upto 8% of net profit disclosed in the statements of accounts
XX
Incentive bonus upto 10% of net profit disclosed in the statements of accounts
XX
XX
Payment without deduction and deposit of tax at source and VAT [Para - 30(aa)]
XX
XX
XX
XX
Perquisite for any employee exceeding BDT 450,000, subject to certain condition
[Para - 30(e)]
XX
XX
35
Royalty, technical services fee, technical know-how fee, technical assistance fee
in excess of 8% of net profit disclosed in the statements of accounts [Para -30(h)]
XX
XX
XX
XX
XX
XX
Payment of rent otherwise than by crossed cheque or bank transfer [Para -30(n)]
Class of asset
Normal depreciation
rate of WDV except as
otherwise indicated
Buildings (General)
10%
Factory buildings
20%
10%
Office equipment
10%
20%
12%
12%
24%
24%
36
Sl.
Class of asset
Normal depreciation
rate of WDV except as
otherwise indicated
10
20%
11
20%
12
20%
13
24%
14
30%
15
50%
16
10%
17
30%
18
30%
19
30%
20
100%
21
30%
22
Bridge
2%
23
Road
2%
24
Fly over
2%
25
2.5%
26
Apron, tarmac
2.5%
27
Boarding bridge
10%
28
5%
37
Year of application
Later of
Year of construction
First year of use
Year of commencement of
commercial production
Later of
Year of installation
First year of use
Year of commencement of
commercial production
Rate
10% of cost
25% of cost
Year of
application
Rate
First year of
commercial
production
50% of actual
cost
Second year
of commercial
production
30% of actual
cost
Third year of
commercial
production
20% of actual
cost
First year of
commercial
production
50% of actual
cost
Second year
of commercial
production
30% of actual
cost
Third year of
commercial
production
20% of actual
cost
38
Period
allowed
Rate
Proportionate
amount in
each year of
permission
Definition of Capital Asset [Section 2(15)]: Capital asset of an assessee means any
kind of property held by him/her excluding
XX
Stock-in-trade (except for stocks and shares), consumable stores or raw materials
held for business and profession
XX
Any profits or gains arising from transfer of a capital asset (both movable and
immovable) as defined in Section - 2(15) of the ITO, 1984 is chargeable to income
tax in accordance with the Second Schedule, Para 2.
Income from capital gain is taxable on the basis of the full value of consideration
received or accrued from the transfer or fair market value, whichever is higher.
The following deductions are permissible in determination of income from capital gain:
XX
XX
Cost of acquisition and any capital expenditure incurred for improvement of the
capital asset
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 as discussed below
39
Source of capital
gain
Condition
Exemption
Transfer of
capital asset
used for business
or profession
immediately before
the transfer
Acquisition of
a new capital
asset within
a year before
or after the
transfer date
Transfer of
Government
securities
Transfer of building
or lands to a new
company registered
under Companies Act,
1913 / 1994 set up for
an industry
None
Section
32(10)
Transfer of capital
asset of a firm to
a new company
registered under
Companies Act,
1913/1994
Section
32(11)
Entire
capital gain
is invested
in the new
company
Reference
The following income of an assessee is assessable under the head income from other
sources
XX
Dividend
XX
Interest
XX
Royalties
XX
XX
40
XX
XX
Income of any kind or from any source which is not classifiable under any other
heads specified in Section-20
XX
Expenditure incurred for earning relevant income, except for capital expenditure
and personal expenditure
XX
[Section 19]
Head of Income
Reference
Income from
Section - 19(1)
Other Source
Income from
Section - 19(2)
Other Source
Income from
Other Source
Unrecorded investment
Income from
Other Source
Unrecorded money, bullion, jewellery and Income from
other valuable article
Other Source
Income from discontinued business
Income from
Business or
Profession
Dividend received
Income from
Other Source
Fair market value Purchase price of asset Income from
(except stock-in-trade, stock, shares)
Other Source
Salami or Premia
Income from
Other Source
Section - 19(3)
Section - 19(4)
Section - 19(5)
Section - 19(6)
Section - 19(7)
Section - 19(8)
Section - 19(9)
41
19
20
21
22
23
Head of Income
Reference
Income from
Section - 19(10)
Other Source
Income from
Other Source
Income from
Other Source
Winnings from lotteries, crossword
Income from
puzzles, card games and other games
Other Source
Profits and gains from insurance Business
Income from
Business or
Profession
Amount received in respect of any loss,
Income from
bad debt, expenditure or trading liability Business or
previously allowed as deduction
Profession
[Sale proceed (original cost written
Income from
down value)] of building, machinery, plant Business or
used for business or profession
Profession
[Sale proceed (original cost written
Agricultural
down value)] of machinery and plant used income
for agriculture
[Insurance / salvage / compensation
Income from
received ((original cost written down
Business or
value) scrap value) of building, machinery, Profession
plant used for business or profession
[Insurance / salvage / compensation
Agricultural
received ((original cost written down
income
value) scrap value) of machinery and
plant used for agriculture
[Sale proceed allowed capital
Income from
expenditure] of asset used for scientific
Business or
research
Profession
Unpaid loan of maximum BDT 500,000 not Income from
paid within 3 years, subject to certain
Other Source
conditions
Loan or gift received which is transfer of
Income from
initial capital of a business or profession, Other Source
subject to certain conditions
Initial capital partly or fully transferred
Income from
from business or profession, subject to
Other Source
certain conditions
Section - 19(11)
Section - 19(12)
Section - 19(13)
Section - 19(14)
Section - 19(15)
Section - 19(16)
Section - 19(17)
Section - 19(18)
Section - 19(19)
Section - 19(20)
Section - 19(21)
Section - 19(21A)
Section - 19(21B)
42
Income from
Business or
Profession
Section - 19(23)
Income from
Other Source
Section - 19(24)
Income from
Other Source
Section - 19(26)
Section - 19(27)
Income from
Other Source
Section - 19(28)
Income from
Other Source
Section - 19(29)
Income from
Other Source
Section - 19(31)
43
A person defined under Section - 2(46) of ITO, 1984 except company e.g. every
individual assessee (including non-resident Bangladeshi), firm (partnership or single),
association of persons, Hindu undivided family, artificial juridical person and nonGovernment Organization (NGO) shall have to pay income tax on their total income
according to 6 tier income slabs and tax rates for the Financial Year 2014 - 2015 and
Assessment Year 2015 -2016. The following table entails the 6 tier income slabs and
tax rates for the current assessment year:
Assessment Year: 2015-2016
(Income Year: 2014-2015)
Income
Rate of tax
Nil
Nil
Nil
Nil
Nil
10%
15%
20%
25%
30%
44
Applicable tax
Lower of
Tax at rate applicable on total
income including capital gain
Rate of tax
45%
15%
Minimum tax on individual, Hindu undivided family and other association of persons is
charged on the basis of location. An assessee with taxable income exceeding exemption
limit (male: BDT 250,000; female, persons aged 65 years & above: BDT 300,000;
physically challenged person: BDT 375,000; gazetted war wounded freedom fighters:
BDT 425,000) shall pay minimum tax based on their location as stated below Location of assessee
Assessees residing in Dhaka and Chittagong City Corporation
area
Assessees residing in other City Corporation area
Assessees residing in other than City Corporation area
Minimum tax
BDT 5,000
BDT 4,000
BDT 3,000
Every firm having more than gross receipts of BDT 50 lakh is liable to pay minimum
tax at 0.30% of gross receipts from all sources for the income year.
15.4 Surcharge on individual assessee
Surcharge will be applicable at the following rates on net tax payable by individual
assesses having net wealth according to the following slabs
45
Rate of Surcharge
Nil
10%
15%
20%
25%
A person who is a non-resident is liable to pay tax on the income, profits and gains
which are received; deemed to have been received; deemed to accrue or arise to
him / her in Bangladesh.
A non-resident Bangladeshi (NRB) is subject to pay tax at 6 tier income and tax rate
as applicable for a resident assessee.
A non-resident Bangladeshi is entitled to tax relief and tax rebate that are admissible
to a resident assessee.
A non-resident foreigner assessee is liable to pay tax on his total income at 30%
[Second Schedule]. The maximum limit of exempted income from tax is not
applicable for such an assessee.
A non-resident foreigner assessee is not entitled to any sort of tax relief and tax
rebate that are admissible to a resident assessee.
Rate of tax
25%
35%
40%
46
Rate of tax
42.5%
40%
Merchant bank
37.5%
45%
45%
40%
10
20%
11
10%
12
15%
[Section 16CCC]
Applicable for
Company
Condition
Irrespective of profit or loss in
the assessment year
Irrespective of profit or loss in
Industrial
the assessment year
undertaking
For the first 3 income years
engaged in
manufacturing since commencement of
commercial production
of goods
Rate of tax
0.30% of gross receipts from all
sources for the income year
0.10% of gross receipts from all
sources for the income year
Gross receipts for minimum tax purpose will constitute the following XX
XX
XX
47
[Section 16B]
Applicable for
Public limited
company except
for banking or
insurance company
Company
Condition
Not declared or distributed at least 15%
dividend or bonus share within six months
from the end of the income year
Rate of tax
5% on
undistributed
profit
Higher of
50% of
income tax
payable
BDT 5 lakh
[Section 16C]
Applicable for
Banking company operating
under Bank Companies Act,
1991 (BCA, 1991)
Condition
Shows profit in return exceeding
50% of its capital & reserve (as
per BCA, 1991)
Rate of tax
15% of (shown
profit capital
& reserve)
Applicable for
Rate of tax
Average rate
applicable to
assessee based on
personal tax rate
structure
Higher of maximum
rate or applicable
rate
Applicable
zone
RZ
LTU
Reference
Sec - 50
Sec 50A
48
Sl
Applicable for
Remuneration to Member of
Parliament
Interest on securities
Subject to certain
conditions
Payment to contractors for
supply of goods, execution
of contracts or sub-contract
Fees for service rendered
by doctor at a general or
specialized hospital or
diagnostic center
Royalty or technical knowhow fee
9
10
11
12
13
14
15
16
Rate of tax
Average rate
applicable to
assessee based on
personal tax rate
structure
5%
As specified in Rule
- 16
10%
10%
10%
15%
10%
10%
Applicable
zone
RZ
Reference
Sec 50B
LTU
Sec 51
Dhk 2
Ctg 2
Other - RZ
Dhk - 10
Ctg 2
Other - RZ
Sec 52;
Rule - 16
Dhk - 8
Ctg 2
Other - RZ
Dhk - 8
Ctg 2
Other - RZ
Sec 52A(2)
Dhk - 14
Ctg 2
Other - RZ
Sec - 52AA
Sec 52A(1)
Sec 52A(3)
1.5%
10%
1.5%
10%
10%
10%
49
Sl
Applicable for
17
1.5%
10%
5%
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Rate of tax
Applicable
zone
Reference
7.5%
5%
3%
10%
1.5%
10%
5%
10%
10%
1.5%
3%
10%
10%
LTU
50
Sl
Applicable for
33
10%
34
Manual cigarette
manufacturer
10%
35
Cigarette manufacturer
36
41
Compensation against
acquisition of immovable
property situated in city
corporation, paurashava or
cantonment board area
Compensation against
acquisition of immovable
property situated outside
city corporation, paurashava
or cantonment board area
Interest on saving
instrument
Subject to certain
conditions
Brick manufacturer
One section brick field
One and half section brick
field
Two section brick field
Automatic brick field
Commission of letter of
credit
Travel agent
42
37
38
39
40
Rate of tax
3% of MRP
2%
Applicable
zone
Dhk - 15
Ctg 3
Other - RZ
Dhk - 10
Ctg 4
Other - RZ
Respective
Zone
Dhk - 15
Ctg 2
Other - RZ
Reference
Sec 52AAA
Sec
52B(1)
Sec
52B(2)
Sec 52C
1%
Dhk - 15
Ctg 2
Other - RZ
Sec 52C
5%
Dhk - 10
Ctg 4
Other - RZ
Sec 52D
Dhk - 7
Ctg 4
Other - RZ
Sec 52F
Sec 52I
0.30% of airfare or
cargo charge
Dhk - LTU
Ctg 2
Dhk - 4
Ctg 2
BDT 500
Dhk - 3
Ctg 2
Other - RZ
BDT 45,000
BDT 70,000
BDT 90,000
BDT 150,000
5%
Sec 52JJ
Sec 52K
BDT 300
51
Sl
43
Applicable for
Paurashava at any district
headquarter
Other paurashava
Freight forward agency
commission
Rate of tax
Applicable
zone
Reference
BDT 300
BDT 100
15%
Dhk - 6
Ctg 3
Other - RZ
Dhk - 13
Ctg 3
Other - RZ
Dhk - 9
Sec 52M
Sec 52P
Sec 52Q
44
6%
45
5%
10%
Dhk - 4
Ctg 2
Other - RZ
Dhk - 11
1%
Dhk 15
Sec 52R
4%
Gazipur
Zone
Sec 52S
5%
LTU
Sec 52T
3%
Ctg 2
Coxs Bazar
2
Other LTU
Dhk
LTU
Sec 52U
46
47
48
49
50
51
52
53
5%
Sec 52N
Sec 520
5%
10%
Sec 52V
52
Sl
Applicable for
54
Importer
(Rate may vary subject to
certain conditions)
Rent payment for house
property
55
56
57
58
59
Shipping business of a
resident
Freight received or receivable
in or out of Bangladesh
Freight received or
receivable from service
rendered between two or
more foreign countries
Export of manpower
Export of knit wear and
woven garments, terry
towel, carton, garments
accessories, jute goods,
frozen foods, vegetables,
leather goods, and packed
food
Member of Stock Exchanges
60
61
62
Rate of tax
5%
5%
5%
Applicable
zone
Dhk - 14
Ctg 1
Other - RZ
Dhk - 7
Ctg 2
Other - RZ
Dhk - 10
Ctg 4
Other - RZ
Reference
Sec 53;
Rule 17A
Sec 53A
Sec 53AA
3%
10%
Dhk - 4
0.6%
Dhk - 4
0.05%
Dhk - 7
Ctg 3
Sec
53BBB;
SRO 334
AIN / IT /
2011
0.6%
Dhk 4
Sec
53BBBB;
SRO 224
AIN / 2015
5%
1% for auction of tea
Dhk - 9
Ctg 4
Other - RZ
Dhk 12
Sec 53C;
Rule 17D
10%
Sec 53B;
Rule 17C
Sec 53BB;
SRO 224
AIN / 2015
Sec
53D(1)
53
Sl
Applicable for
63
10%
64
Applicable
zone
Dhk 12
3%
Dhk 4
65
10%
66
3%
Dhk - 12
Ctg 4
Other - RZ
Dhk - 12
Ctg 4
Other - RZ
67
68
69
70
71
Insurance commission
Fees etc. of surveyor of
general insurance company
Rate of tax
10%
Reference
Sec
53D(2)
Sec
53DDD
Sec
53E(1)
Sec
53E(2)
Dhk - 6
Ctg 3
Other - RZ
Dhk - 1
Sec 53EE
Dhk - 5
Ctg 4
Other - RZ
LTU
LTU
Sec 53FF
Sec 53F
10%
10%
15%
10%
As specified in
Section 53FF
5%
15%
Sec 53G
Sec 53GG
54
Sl
Applicable for
72
Transfer of property
73
Lease of property
Subject to certain
conditions
4%
74
10%
75
5%
76
Advertisement or airtime
bill of newspaper, magazine,
private TV channel, private
radio station, website
Transfer of securities
or mutual fund units by
sponsor shareholder,
director, placement holder
of listed companies
Transfer of share of
shareholder of Stock
Exchange
Signing money, subsistence
money, house rent etc. paid
to land owner by real estate
developer
4%
77
78
79
Rate of tax
As specified in
Section 53H and
Rule 17II
Applicable
Reference
zone
Sec 53H;
Dhk
Rule 17II
Central
survey
zone
Ctg 4
Other - RZ
Sec 53HH
Dhk
Central
survey
zone
Ctg 4
Other - RZ
Dhk - 9
Sec 53I
Ctg 4
Other - RZ
Dhk - 15
Sec 53J
Ctg 4
Other - RZ
Dhk - 5
Sec 53K
Ctg 3
Other - RZ
5%
Dhk - 3
Ctg 3
Sec 53M
15%
Dhk - 3
Ctg 3
Sec 53N
15%
Dhk - 5
Ctg 2
Other - RZ
Sec 53P
55
Sl
Applicable for
80
Dividend
Company
Assessee other than
company, if TIN is furnished
Assessee other than
company, if TIN is not
furnished
Lottery
81
82
83
84
85
86
87
88
89
Payment to nonresident
for accounting or tax
consultancy
Payment to nonresident for
advertisement making
Payment to nonresident for
advertisement broadcasting
Payment to nonresident
for advisory or consultancy
service
Payment to nonresident
for air transport or water
transport
Payment to nonresident for
architecture, interior design
or landscape design
Payment to nonresident
artist, singer or player
Payment to nonresident for
capital gain received from
capital assets (not being
securities listed with stock
exchange)
Rate of tax
20%
10%
Applicable
zone
Dhk - 13
Ctg 4
Other - RZ
Reference
Sec 54
15%
20%
20%
Dhk - 9
Ctg 3
Other - RZ
Dhk - 11
Sec 55
Sec 56
15%
20%
30%
7.5%
20%
30%
15%
56
Sl
Applicable for
90
Payment to nonresident
company or firm for
capital gain received
from securities listed with
any stock exchange in
Bangladesh which is not
exempted from tax in the
country of such non-resident
Payment to nonresident for
certification
Payment to nonresident for
charge or rent for satellite,
airtime or frequency
Payment to nonresident for
contractor, sub-contractor
or supplier
Payment to nonresident for
courier service
Dividend
91
92
93
94
95
Rate of tax
Applicable
zone
Reference
10%
30%
20%
5%
15%
10%
15%
96
97
98
- For Company
20%
30%
10%
20%
20%
57
Sl
Applicable for
99
100
101
102
103
104
105
106
107
Rate of tax
Applicable
zone
Reference
15%
20%
30%
20%
30%
5.25%
5.25%
5.25%
30%
As specified in SRO
160 AIN / 2014
Central
survey
zone
SRO 160
AIN / 2014
Dhk - 5
Ctg 3
Other - RZ
SRO 162
AIN / 2014
All taxes deducted or collected (except for the following cases) in accordance with
Chapter VII: Section - 48 to 63 shall be paid to the credit of the Government by
electronic payment or income tax challan within 2 weeks from the end of the month
58
XX
XX
XX
XX
Tax deducted or collected in respect of the above mentioned cases, the deducting
authority has to issue a cheque equivalent to the deducted amount in favor of the
concerned DCT and hand it over to the person from whom the tax has been deducted
or collected at source. Such person is responsible to deposit the cheque through
income tax challan to Bangladesh Bank or Sonali Bank.
[Section 82C]
TDS Section
Reference
Sec - 52
Sec - 52A(2)
Sec - 52AAA
Sec 52B
Sec 52C
Sec 52N
Sec 52D
Sec 52JJ
Sec 52O
10
Sec 52R
59
TDS Section
Reference
Sl.
11
Sec 53
12
Sec 53AA
13
Sec 53B
14
Sec 53BB
15
Sec 53BBB
16
Sec 53BBBB
17
Sec 53C
18
Sec 53CC
19
Sec 53DDD
20
Sec 53EE
21
Sec 53F(1)
(c)
22
Sec 53FF
23
Sec 53G
24
Sec 53GG
25
Value of property
Sec 53H
26
Sec 53M
27
Sec 53N
28
Sec 55
However final discharge of tax liability shall not be applicable for a contractor or
sub-contractor of an oil company, oil marketing companies and its dealer or agent
excluding petrol pump station, any company engaged in oil refinery and any company
engaged in gas transmission or gas distribution.
60
Income from the sources on which final discharge of tax liability applies shall be
determined on the basis of the tax deducted or collected at source and the rate
or rates of tax applicable for the assessment year. Any income shown or assessed
in excess of the amount determined in this way shall be liable to tax at the rate
applicable for the assessment year. Such income shall not be set off against loss of
earlier year or years.
The rules of set-off and carry forward of any loss incurred is summarized below Carry forward to
set off against
Head of income
Set-off
following years
income
Income from salary N/A
N/A
Interest on
Against income from
Cannot be carried
securities
any other head
forward
Income from house Against income from
Cannot be carried
property
any other head
forward
Set off against
Agricultural
Against income from
income
any other head except agricultural
for income from capital income
gain
Income from
business or
profession
Income from
speculation
business
Limitations for
carry forward
N/A
N/A
N/A
Time limit:
6 successive
years
Amount Limit:
None
Time limit:
6 successive
years
Amount Limit:
None
Time limit:
6 successive
years
Amount Limit:
None
61
Head of income
Set-off
Capital gains
Carry forward to
set off against
following years
income
Set off against
capital gain
Limitations for
carry forward
Time limit:
6 successive
years
Amount limit:
Amount
exceeding BDT
5,000
Cannot be carried
forward
N/A
Cannot be carried
forward
N/A
However any loss in respect of any income from any head shall not be set-off against
any income from manufacturing of cigarettes.
[Section 42(6)]
Depreciation allowance which cannot be given full effect in any year because of
there being no profits / gains or being inadequate profits / gains, such unadjusted
allowance or part thereof shall be carried forward to the succeeding years and shall
be treated as part of depreciation allowance for those respective years. There is no
time limit or amount limit for such carry forward of depreciation allowance.
However carried forward business loss and loss in speculation business shall be setoff before carried forward depreciation allowance is given effect in any year.
62
[Section 75]
XX
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
(irrespective of his income in the income year) who was assessed to tax for any
of the preceding three years shall furnish a return of his income along with such
other particulars as may be prescribed. Moreover the following persons are also
required to file a return of income
-- Who resides in a city corporation or paurashava or divisional headquarters or
district headquarters and owns a motor car or is a member of a club registered
under VAT Act 1991
-- Who runs any business or profession having trade license from a city
corporation, a paurashava or a union parishad; and operates a bank account
-- Who is registered with a recognized professional body as a doctor, dentist,
lawyer, income tax practitioner, chartered accountant, cost and management
accountant, engineer, architect, surveyor or any other similar profession
-- Who is a member of a chamber of commerce and industries or a trade
association
-- Who is a candidate for an office of any paurashava, city corporation or a
Member of Parliament
-- Who is a participant in a tender floated by Government, semi-Government,
autonomous body or local authority
-- Who is a non-Government organization registered with NGO Affairs Bureau
XX
Every company is required to file a return of income or return of any other person
for whom it is assessable.
XX
63
-- A reconciliation between profit or loss shown in the accounts and profit and
loss disclosed in the return of income
XX
The last date of filing return for all assessee except for a company is 30 September
of the assessment year.
XX
The last date of filing return for a company is 15 July of assessment year. If 15
July of assessment year falls within 6 months from the end of the income year
of the company, it has to file the return within 6 months from the end of the
income year.
[Section 78]
Following persons can file a revised return at any time before the assessment is
made:
XX
XX
A person who has not filed a return as required by a notice issued by the DCT
under Section 77
XX
A person who has filed a return but discovered any omission or incorrect statement
in such return
[Section 75A]
The return of withholding tax shall be filed using the form prescribed in Rule 24A.
The return has to be verified and signed off by the principal officer of the company
and accompanied by a statement of deduction or collection of tax and copy of
treasury challans or pay orders.
If a company required to deduct, collect or pay to the credit of the Government tax,
64
fails to do so, it will be treated as an assessee in default and penalized under Section
124 of ITO, 1984.
[Section 74]
Every person who is required to file a return under Section 75, 77, 78, 89(2), 91(3)
& 93(1) has to pay tax on or before the date on which he/she files the return.
The amount of tax to be payable by him/her would be higher of (a) tax on the basis
of such return and (b) minimum tax liability as per Section - 16CCC, reduced by
the amount of any tax deducted from his/her income and any tax paid by him in
accordance with Chapter VII: Payment of tax before assessment.
[Section 64 - 73]
An assessee is required to pay advance tax in a financial year, if he/she has total
income exceeding BDT 400,000 in the latest income year in respect of which he/she
has been assessed on regular basis or provisionally. If a person, who has not been
assessed previously by the way of regular assessment, estimates his/her income to
exceed BDT 400,000 in the income year, he/she is required to pay advance tax.
Amount of advance tax payable = Total income of the latest income year as assessed
on regular basis or provisionally x Rates in force in the respective financial year
Amount of TDS
If a person liable to pay advance tax estimates that his/her tax liability in the
relevant assessment year would be less than the advance tax liability, he/she may
submit estimation of his/her tax liability and pay reduced advance tax accordingly.
[Rule 26A]
All payments of tax under Section - 64, 70, 73, 74, 82D, 83(2), 84, 89(3), 107(2)
(a), 120, 121(4)(a), 123 - 129, 135(2), 137(1), 154(1), 158(5), 160(1) and any other
payments under the Ordinance shall be made by pay order or demand draft or account
payee cheque of any scheduled bank in favor of concerned DCT or electronic payment.
However if the payment does not exceed BDT 10,000, then it can be made through
treasury challan.
65
ASSESSMENT
[Section 81]
The DCT can make a provisional assessment of tax in a summary manner at any time
after 1 July of the concerned income year, based on the following
XX
XX
[Section 82]
Where a return or revised return is filed fulfilling certain conditions and the DCT
is satisfied that the return is correct and complete without requiring the presence
of the assessee or production of any evidence, he will assess the total income
and determine the tax payable on the basis of such return and communicate the
assessment order to the assessee within 30 days.
[Section 82BB]
XX
XX
After processing the return, the DCT shall send the assessee a demand notice
along with an intimation specifying computed income, tax liability, tax credit
allowed, net tax payable or refundable and other particulars, within 30 days of
computation. Provided that no such intimation shall be sent after 12 months from
the end of the financial year in which the return is furnished.
XX
No demand notice requiring the assessee to pay more tax will be made unless he/
she has been given an opportunity of being heard.
66
XX
The Board may select a number of returns filed under universal self-assessment
for the purpose of audit. However such a return would not be selected for audit
if it shows at least 20% higher income than the income assessed or shown in the
immediately preceding assessment year and fulfills the following conditions:
-- The return is accompanied by corroborative evidences in support of tax
exempted income
-- It is accompanied by a copy of bank statement or account statement
supporting any sum or aggregate of sums of loan exceeding BDT 5,00,000
taken from any person during the income year
-- It does not show receipt of gift during the year
-- It does not show any income chargeable to tax at a rate reduced under
Section 44
-- It does not show or result any refund
XX
XX
[Section 82D]
The DCT may fix tax payable by an assessee (except for a company), who has not
previously been assessed and carries on any business or profession in any shopping
center or commercial market or has a small establishment. The receipt obtained for
payment of tax in such case would be considered as assessment order.
[Section 83]
When a DCT is not satisfied with the correctness and completeness of a return or
revised return, he shall serve a notice requiring the presence of the person filing the
return for hearing or production of evidence supporting the return.
Within 30 days of the hearing and consideration of evidence, the DCT shall assess the
income and determine the amount of tax and communicate the order within 30 days
of such assessment.
67
[Section 83AAA]
If the Board has reasonable cause to believe that a return or revised return filed
by a company is incorrect or incomplete, it may appoint a registered Chartered
Accountant to examine the accounts of the assesse.
The Chartered Accountant shall submit a report of findings to the Board. The DCT
shall assess the total income and determine the tax liability based on the report of
the Chartered Accountant, other evidences and hearing of the assessee.
[Section 84]
The DCT shall assess the total income and determine the tax liability as per his best
judgement in the following cases
XX
XX
Where a person has not filed a return or revised return under Section 78
XX
Where a person fails to comply with the requirements of a notice under Section
79, 80 or 83(1)
Assessments for some special cases are handled with according to dedicated sections
as listed below:
Special case
Reference
Section
Section
Section
Section
85
86
87
88
Section 89
Section 90
Section 91
Section 92
Section 93
68
TAX INCENTIVE
There are broadly three categories of tax incentives that are provided to the
assessees by the Government with the aim to reduce their tax burden, promote
ethical and transparent tax practice and encourage investment. The categories are
tax exemption, reduced rate of tax and tax rebate.
The following table is an extensive but not exhaustive list of the tax exemptions
provided by the Government to different types of assessees (individual, firm,
association of persons, Hindu undivided family, local authority, company and other
artificial juridical person). It compiles the exemptions provided to such assessees
through Income Tax Ordinance, 1984 (ITO, 1984) and SROs issued by the Government
at different times.
69
Rate of
exemption
100%
Period of
exemption
First 2 years
60%
3rd year
40%
4th year
20%
5th year
70
Rate of
exemption
100%
Period of
exemption
First 2 years
70%
3rd year
55%
4th year
40%
5th year
25%
6th year
20%
7th to 10th
year
71
Rate of
exemption
100%
Period of
exemption
First 2 years
80%
3rd year
70%
4th year
60%
5th year
50%
6th year
40%
7th year
30%
8th year
20%
9th year
10%
10th year
100%
First 2 years
50%
Next 2
years
25%
Next 1 year
72
Source of Income
Income from such
industry
Income from
power generation
business
Interest payable
on foreign loan
Royalties,
technical
know-how
and technical
assistance fees
Capital gain
form transfer of
companys share
Income from
Private coal based
power generation
electricity generation
business
companies signing contract
Interest payable
within 30 June, 2020
on foreign loan
[SRO 213-AIN / IT / 2013]
Royalties,
technical
know-how
and technical
assistance fees
Capital gain
form transfer of
companys share
Rate of
exemption
100%
Period of
exemption
First 3 years
50%
Next 3
years
25%
Next 1 year
Full
15 years
from the
date of
starting
operation
Full
15 years
from the
date of
starting
operation
73
10 Industrial undertaking
engaged in production of
rice bran oil
Commencing production
by 30 June, 2019
Set up in Dhaka and
Chittagong divisions
(excluding city
corporation area,
Bandarban, Rangamati
and Khagrachari
districts)
[6th Schedule, Part A,
Para 45]
11 Industrial undertaking
engaged in production of
rice bran oil
Commencing production
by 30 June, 2019
Set up in Rajshashi,
Khulna, Sylhet, Barisal
and Rangpur divisions
(excluding city
corporation area) and
Bandarban, Rangamati
and Khagrachari districts
[6th Schedule, Part A,
Para 45]
Bangladesh Tax Handbook 2015-2016
Source of Income
Income from power
generation business
Rate of
exemption
100%
50%
25%
Full
100%
Period of
exemption
First 5 years
Next 3
years
Nest 2 years
5 years
from the
date of
commercial
production
First 2 years
50%
Next 2
years
25%
Next 1 year
100%
First 3 years
50%
Next 3
years
25%
Next 4
years
74
Rate of
exemption
100%
Period of
exemption
First 2 years
50%
Next 2
years
25%
Next 1 year
100%
First 3 years
50%
Next 3
years
25%
Next 4
years
Full
1 July, 2008
to 30 June,
2024
50%
Not
specified
Income from
business of export
50%
Not
specified
Income derived
from such cinema
hall or Cineplex
75
Rate of
exemption
Full
Period of
exemption
1 July, 2008
to 30 June,
2019
Full
Not
specified
19 Companies investing in
Bangladesh under any bilateral treaty / contract
between Bangladesh
Government and any
foreign Government or
investment organization
established by any foreign
Government
[SRO 32 - AIN / IT / 1990]
Full
Period
specified in
the treaty /
contract
20 Company
[6th Schedule, Part A,
Para 47]
Income donated to
funds established
under Trust of
Prime Ministers
Education
Assistance Act,
2012)
Operation of micro
credit
Upto lower
of
20% of
income
of the
company
8 crore
Full
Not
specified
Not
specified
76
Rate of
exemption
Full
Period of
exemption
Not
specified
23 Religious or charitable
institution
[6th Schedule, Part A,
Para 2]
Voluntary
contribution
applicable to
religious and
charitable purpose
Full
Not
specified
Full /
proportion
applied or
set apart
for such
religious or
charitable
purpose
Not
specified
25 Trustee
[6th Schedule, Part A,
Para 6]
Income on behalf
of a recognized
provident
fund, approved
superannuation fund,
approved pension
fund, approved
gratuity fund
Full
Not
specified
Full
Not
specified
77
Rate of
exemption
Full
Period of
exemption
Not
specified
Full
Not
specified
78
Rate of
exemption
Full
Period of
exemption
Not
specified
Full
Not
specified
31 Local Government
[6th Schedule, Part A,
Para 3]
All income
Full
Not
specified
32 Partner of a firm
[6th Schedule, Part A,
Para 18]
Share of capital
gain on which tax
has already been
paid
Full
Not
specified
79
Period of
exemption
Not
specified
Not
Specified
Not
specified
Not
specified
Not
specified
Not
specified
Not
specified
Not
specified
Not
specified
80
Rate of
exemption
BDT 2 lakh
Period of
exemption
Not
specified
Full
Not
specified
Full
Not
specified
38 Government employee
[SRO 198 AIN / IT /
2015]
Full
Not
specified
Full
Not
specified
Full
Not
specified
39 Government employee
[SRO 245 ACT / IT /
2001]
40 Employees of Government
organization, local
authority, autonomous or
semi-autonomous body
including the units or
enterprises controlled by it
[6th Schedule, Part A,
Para 26]
Source of Income
Agricultural income
Income from
economic activities
undertaken in such
districts
81
Rate of
exemption
Full
Period of
exemption
Not
specified
Full
Not
specified
Income from
working in private
power generation
companies
(except coal
based electricity
generation
companies)
Full
3 years
from the
date of
arrival in
Bangladesh
Income from
working in
private coal
based electricity
generation
company
Full
3 years
from the
date of
arrival in
Bangladesh
Salary and
45 Expatriates working in
Dhaka Elevated Expressway allowances from
the project
PPP project
[SRO 290 AIN / IT /
2012]
Full
3 years
from 13
August,
2012
Source of Income
All benefits and
allowances except
for basic salary
82
47 Expatriate technician
working in industrial
undertakings having
approval from BEPZA
within 22 March, 2009
and starting commercial
production within 2012
[SRO 28 / AIN / IT / 2010]
48 Expatriates working as
technician, professionals,
scientists, senior
administration staff,
advisor and consultant
in Local Development
Network Institutions under
Aga Khan Development
Network
[SRO 101 AIN / IT /
2003]
49 Expatriates working
in foreign funded
development projects
having bi-lateral treaty
between Bangladesh
Government and the
foreign Government
or foreign funding
organization
[SRO 207 AIN / IT /
1997]
Source of Income
Salaries and
remuneration
provided by
International
Committee of Red
Cross (ICRC) from
Bangladesh or
abroad
Salaries and
remunerations
Rate of
exemption
Full
Period of
exemption
Not
specified
Full
Earlier of
3 years from
the date
of arrival in
Bangladesh
5 years from
companys
commercial
production
Not
specified
Full
Salaries and
allowances received
from the foreign
Government or
the foreign funded
development
project
Full
Not
specified
83
Source of Income
Remuneration
from such state
for service in such
capacity
Rate of
exemption
Full
Period of
exemption
Not
specified
Full
Not
specified
Full
Not
specified
Full
Not
specified
51 Trade commissioner
or other official
representative of a foreign
state in Bangladesh
[6th Schedule, Part A, Para 7]
52 Non-resident assessee
[6th Schedule, Part A,
Para 43]
Official salary;
Provided that
corresponding official
of Bangladesh in such
country enjoys such
exemption
84
Rate of
exemption
Full
Period of
exemption
10 years
from the
date of
completion
of
construction
BDT 25,000
Not
specified
BDT 25,000
Not
specified
Full
Not
specified
Full
Not
specified
85
Rate of
exemption
Full
Period of
exemption
Not
specified
Full
Not
specified
Upto BDT
25,000
Not
specified
62 All assessee
Income from
[SRO 66 AIN / IT / 2004] bond issued by
Government,
semi-Government
or autonomous
body engaged
in electricity
production and
supply
Upto BDT
25,000
Not
specified
Full
Not
specified
63 All assessee
[SRO 89 AIN/ IT / 2003]
Interest on savings
pension scheme
of Government
approved scheduled
bank
86
65 All assessee
[6th Schedule, Part A,
Para 49]
66 All assessee
[6th Schedule, Part A,
Para 50]
67 All assessee
[6th Schedule, Part A,
Para 50]
Source of Income
Income donated to
funds established
under Trust of
Prime Ministers
Education
Assistance Act,
2012)
Income donated
to any girls
school or girls
college approved
by Ministry of
Education
Income donated to
any Technical and
Vocational Training
Institute approved
by Ministry of
Education
Income donated
to any national
level research
and development
(R&D) institute
of agriculture,
science, technology
and industrial
development
Rate of
exemption
Upto lower
of
20% of
income
of the
assessee
BDT 1
crore
Full
Period of
exemption
Not
specified
Full
Not
specified
Full
Not
specified
Not
specified
The following table lists down the reduced tax rate benefit offered by the Government
to different types of assessees. It compiles the reduced tax rate benefit provided to
such assessees through Income Tax Ordinance, 1984 (ITO, 1984) and SROs issued by
the Government at different times.
87
Sl.
Rate of
Assessee / Applicable for
Source of Income
No.
tax
1 Companies registered under Yarn manufacturing, 15%
Companies Act, 1994
yarn dying, finishing,
[SRO 193 AIN / IT / 2015]
coning
Fabric
manufacturing,
fabric dying,
finishing, printing
Period
applicable
1 July, 2015
to 30 June,
2019
Manufacturing of jute
Industrial undertaking
goods
engaged in manufacturing
of jute goods
[SRO 194 AIN / IT / 2015]
15%
1 July, 2015
to 30 June,
2019
5%
Not specified
10%
Not specified
5%
12 years from
starting of
commercial
production
88
Sl.
Rate of
Assessee / Applicable for
Source of Income
No.
tax
10%
6 Companies defined in
Income arising from
Section 2(20)
trading / transaction of
[SRO 196 AIN / IT / 2015] securities listed in any
SEC approved Stock
Exchange (excluding
Government securities)
Period
applicable
Not specified
15%
Not specified
25%
Not specified
All income
National level research
institute registered under
Trust Act, 1882 or Societies
Registration Act, 1860
[SRO 163 AIN / IT / 2014]
15%
Not specified
10
10%
Firms defined in Section
Income arising from
2(32)
trading / transaction of
[SRO 196 AIN / IT / 2015] securities listed in any
SEC approved Stock
Exchange (excluding
Government securities)
Not specified
89
Sl.
Assessee / Applicable for
No.
11 Sponsor shareholder or
shareholder director of
bank, financial institution,
merchant bank, insurance
company, leasing company,
portfolio management
company, stock dealer or
stock brokerage company
[SRO 196 AIN / IT / 2015]
12 Shareholder (except
sponsor shareholder or
shareholder director) having
10% or more of shares of
total paid up capital of a
company / companies listed
in any stock exchange
[SRO 196 AIN / IT / 2015]
13 All assessee
[SRO 199 AIN / IT / 2015]
Source of Income
Income arising from
trading / transaction of
securities listed in any
SEC approved Stock
Exchange (excluding
Government securities)
Rate of
tax
5%
5%
Income arising from
trading / transaction of
securities listed in any
SEC approved Stock
Exchange (excluding
Government securities)
Production of
pelleted poultry
feed, production of
pelleted feed for
cattle, shrimp and
fish, production of
seeds, marketing
of locally produced
seeds, cattle firming,
dairy firming, frog
firming, horticulture,
floriculture, silk
tree plantation, bee
keeping, silk worm
firming, mushroom
firming
Period
applicable
Not specified
Not specified
Not specified
3% on
first
BDT 10
lakh
10% on
next
BDT 20
lakh
15% on
rest
of the
income
The following table lists down the tax rebate benefit offered by the Government
to different types of assessees. It compiles the tax rebate benefit provided to such
assessees through Income Tax Ordinance, 1984 (ITO, 1984), Finance Act, 2015 and
SROs issued by the Government at different times.
90
Sl.
Assessee / Applicable for Conditions
No.
1 Non-publicly traded company Transfer of minimum
[Finance Act, 2015]
20% share of paid up
capital through IPO
2 Non-publicly traded mobile
Transfer of 20%
phone operator
share of paid up
[Finance Act, 2015]
capital through IPO
If commercial
3 New manufacturing
operation starts
industries established in
within 1 July, 2014
any area of Bangladesh
30 June, 2019
except for the areas within
the jurisdiction of any City
If any organization
Corporation
with existing
Registered under
commercial
Companies Act, 1994
operation within
Not enjoying tax holiday,
the jurisdiction of
tax exemption or reduced any city corporation
tax rate
area shifts the
Not publicly traded
entire operation
company
outside city
Subject to fulfilling certain corporation area
conditions
within 1 July, 2014
[SRO 185 AIN / IT /
30 June, 2019
2014]
If commercial
operation started
before 1 July, 2014
Donation to be
made in areas as
specified by the
Government in the
relevant SROs
Rate of
rebate
10% on tax
Period
applicable
In the year
of transfer
10% on tax
In the year
of transfer
20% on tax
10 years
20% on tax
10 Years
10% on tax
Upto 30
June, 2019
10% on
Not
expenditure specified
Maximum
limit of
expenditure:
Lower of
20% of
total
income
BDT 12
crore
91
Sl.
Assessee / Applicable for
No.
5 Individual assessee
owning cottage industry
in less developed or least
developed area
[Finance Act, 2015]
Rate of
rebate
5% on
If production
volume exceeds 15% income
but does not exceed
25% as compared
with preceding year
Period
applicable
Not
specified
10% on
If production
volume exceeds 25% income
as compared with
preceding year
Not
specified
Conditions
Partner of a firm
[6th Schedule, Part B, Para
16]
Partnership income
Not
Average
specified
rate on
partnership
income
Individual assessee
[Section 44(2)(b)]
Investments to
be made in areas
specified in 6th
Schedule Part B,
ITO, 1984
Maximum limit
of investment
allowance is lower
of:
BDT 1 crore 50
lakh
30% of total
income excluding
employers
contribution
to recognized
provident fund
(RPF), interest
on accumulated
balance of RPF
and income under
Section 82C
Not
15% on
admissible specified
investment
allowance
92
XX
XX
10% of the exempted income is invested each year in the purchase of shares of
a listed company
XX
XX
XX
The income, profits and gains of the industrial undertaking or physical facility
shall be computed in the same manner applicable for income from business or
profession. Such income, profits and gains will be computed separately from
other income, profits and gains. Any loss sustained will be carried forward to be
set-off against income, profits and gains of the same industrial undertaking or
physical facility
XX
The industrial undertaking or physical facility obtains approval for such tax
exemption in the prescribed manner.
The following table summarizes the areas, investment in which will be eligible for
tax credit as per Sixth Schedule, Part B.
93
Sl.
Particulars
Reference
Para - 1
Para - 2
Para - 3
Para - 4
Para - 5
Para - 6
Para - 10
Para - 11
Para 11A
10
Para 11B
11
Para 13
12
Para 17
13
Para - 21
14
Para - 22
94
Sl.
Particulars
Reference
15
Para 23
16
Para 24
17
Para 25
18
Para 27
19
Para - 28
[SRO 229 AIN / IT / 2011, SRO 223 AIN / IT / 2012, SRO 186 AIN / IT / 2014]
The CSR activities for which a company may avail tax rebate facilities are listed
below
XX
XX
XX
XX
XX
XX
Donations to social institutions engaged in campaign for women rights and against
dowry system
XX
XX
XX
95
XX
XX
XX
XX
XX
XX
Any assistance made to schools and colleges under MPO for improving computer
and English education
XX
XX
XX
XX
XX
Any donation to any social welfare organization, NGO or not for profit organization
engaged with awareness, treatment or rehabilitation for HIV, AIDS and the drug
addicted people
XX
Any donation to any social welfare organization, NGO or not for profit organization
engaged with rehabilitation for children or women rescued from overseas
trafficking
XX
A company cannot charge such CSR expenditure as expense in the profit or loss
account. Moreover such company has to fulfil the following conditions to claim
rebate against the above mentioned CSR activities
XX
Must pay salaries and allowances to its workers regularly and must have waste
treatment plant if it is involved with the production of industrial goods
XX
Must pay income tax, VAT and duty timely and must repay institutional loans
XX
Can only donate money to the institutions recognized by the Government for the
purpose of CSR
XX
96
Special tax treatment benefit has been given to persons who have income with
unexplained source. If such persons invest in the following areas and pay tax at
certain rates before the assessment of the relevant year, the source of invested
amount would be deemed explained.
XX
XX
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 ITO, 1984 and also under
corresponding law of such other countries. Under the DTA agreement, each dominion
determines the total income of an assessee in the ordinary way under its own laws.
However each country is entitled to retain tax in respect of the source of income
or categories of transactions which are specified in the agreement, at the rates
embodied in the agreement.
At present, Government of Bangladesh has entered into agreement for the avoidance
of double taxation with the following 32 countries
Belarus
Belgium
Canada
China
Denmark
France
Germany
India
Indonesia
Italy
Japan
Malaysia
Mauritius
Myanmar
Netherlands
Norway
Pakistan
Philippines
Poland
Romania
Saudi Arabia
Singapore
South Korea
Sri Lanka
Sweden
Switzerland
Thailand
Turkey
UAE
UK
USA
Vietnam
97
TRANSFER PRICING
44. Transfer pricing
In Bangladesh, regulations of transfer pricing enacted from the Fiscal Year 2012-2013.
44.1 Procedure from record keeping to submission of return
Person having international transactions with
associated enterprise
Person maintains records of
transactions in prescribed manner
Transactions are at
arms length basis
Yes
No
98
Intl transactions
are on arms
length price
No
Yes
Transfer pricing adjustment
is not required
[Section - 107C]
Under resale price method, normal gross margin is subtracted from the price
that would have been obtained from an independent enterprise. Then some
99
other adjustment for custom duty, risk involved, asset employed, time gap,
accounting practices etc. are made to the price of international transaction
to determine the arms length price.
iii. Cost plus method
Under cost plus method, cost base for international transaction is determined
considering direct and indirect cost incurred for supply of goods or provision
of service. Then comparable profit markup after adjustment of certain factors
is added to the cost base to determine the arms length price.
Under the profit split method, the portion of common profit that would be
expected to be earned from comparable uncontrolled transactions is allocated
to controlled transactions of the participating enterprises. Each of the associated
enterprise is allocated a basic return based on the basic functions they perform
as determined with reference to the market returns earned by independent
enterprise in similar transactions. The basic return does not account for the use
of unique assets of the associated enterprises. The residual profit attributable to
the unique asset is calculated by deducting the sum of basic returns allocated
to associated enterprises from the combined profit. Then the residual profit is
allocated to the associated enterprises based on the relative contribution. Such
allocated profit is considered the arms length price.
Under the net profit margin method, net profit margin is computed in
respect of international transactions, both in associated enterprises and in
independent enterprises regarding the same appropriate base such as costs,
sales or assets. Then appropriate adjustment is given to the net profit margin
earned by an independent enterprise to adjust the differences. Finally, the
adjusted net profit margin is applied to the appropriate bases to arrive at the
arms length transaction.
Any other appropriate method may be used to determine the arms length
price which yields consistent result with the arms length price.
100
[Section - 107D]
With prior approval of the Board, DCT may refer to Transfer Pricing Officer (TPO)
for determination of arms length price of any international transaction. TPO
shall serve the assessee a notice to submit relevant evidence in relation to the
international transaction in question. Considering all evidence produced to
him and other relevant information gathered by him, the TPO shall determine
arms length price and shall send a copy of his order to the DCT. Then the DCT
shall compute the total income of the assessee considering arms length price
computed by the TPO in relation to international transaction.
Every person having international transaction shall keep and maintain the
following information, documents and records provided that the aggregate value
of international transactions exceeds BDT 3 crore in the particular income year
XX
XX
XX
XX
XX
XX
101
Offences, penalties
& punishments
45. Offences, penalties & punishments
The following table summarizes the various offences and related penalties and
punishments under ITO, 1984.
Sl. Offences
1
Reference
Sec - 57
Sec 89(3)
Sec - 107G
Sec - 107H
Sec - 107HH
Sec - 107I
102
Sl. Offences
7
Reference
Sec 123
Sec 124
Higher of (a) 10% of last
assessed tax or (b) BDT 1,000
For continuing default: BDT 50
for every day
Provided that maximum penalty
for an individual assessee not
previously assessed: BDT 5,000
Maximum penalty for an
individual assessee previously
assessed: Higher of (a) 50% of
last assessed tax or (b) BDT
1,000
BDT 500
Sec 124
For continuing default: BDT 250
per month
Sec 123
Sec 124
Sec 124A
Sec 124AA
Sec 125
Sec 126
103
Sl. Offences
Reference
Sec 127
Sec 128
Sec 129A
BDT 100,000
Sec 129B
Sec 137
Sec 164
22 False statement in
verification
Imprisonment of 3 months to 3
years or fine or both
Sec 165
Sec 165A
Sec 165AA
Sec 165B
Sec 165C
27 Concealment of income
Imprisonment of 3 months to 5
years or fine or both
Sec 166
28 Disposal of property to
prevent attachment
Sec 167
29 Disclosure of protected
information
Sec 168
104
SUMMARY OF
VALUE ADDED TAX
105
106
Three different types of taxes are imposed under the provisions of the Value Added
Tax Act, 1991.
XX
XX
XX
[Section - 3]
According to the Section - 3(1) of the Value Added Tax Act, 1991, 15% VAT is imposed
on following goods and services
XX
All goods imported or supplied in Bangladesh, except for those stated in the First
Schedule of the VAT Act, 1991
XX
All services provided or imported in Bangladesh, except for those stated in the
Second Schedule of the VAT Act, 1991
However zero rate tax shall be imposed on following goods and services
XX
Any goods or services exported or deemed to have been exported from Bangladesh
XX
Food and other things supplied in accordance with Section - 24 of the Customs
Act, 1969 to any transport leaving Bangladesh, for consumption in the transport
outside Bangladesh
Provided that provisions of zero rate tax shall not be applicable in the following
cases
XX
XX
oods that have been presented for export in accordance with Section - 131 of
G
the Customs Act, 1969 but have not been exported within 30 days of submission
of the bill of export or such extended time(if any) allowed by the Commissioner.
107
[Section 3]
According to Section - 3(3) of the Value Added Tax Act, 1991, VAT shall paid by
XX
In the case of imported goods, the importer of the goods imported at import
stage
XX
XX
XX
In the case of service providing from outside the territory of Bangladesh, service
receiver
XX
[Rule 18A]
Government organization
XX
Semi-Government organization
XX
Autonomous organization
XX
NGO
XX
Bank
XX
Insurance
XX
Financial Institutions
XX
Limited company
XX
Educational Institutions
XX
108
Commissionerate Areas
1/1133/0006/0311
Dhaka (North)
1/1133/0015/0311
Dhaka (South)
1/1133/0010/0311
Dhaka (East)
1/1133/0030/0311
Dhaka (West)
1/1133/0035/0311
Chittagong
1/1133/0025/0311
Comilla
1/1133/0040/0311
Sylhet
1/1133/0018/0311
Rajshahi
1/1133/0020/0311
Rangpur
1/1133/0045/0311
Jessore
1/1133/0005/0311
Khulna
1/1133/0001/0311
The following table summarizes applicable VAT rates on various services along with
areas where VAT Deduction at Sources (VDS) are applicable
Sl.
1
Head
No.
S 001
S 002
Service
Code
Service provider
Rate Applicability of
of VAT VDS
S 001.10
15%
N/A
S 001.20
15%
N/A
7.5%
N/A
15%
VDS Applicable
S 002.00
109
Sl.
3
Head
No.
S 003
Service
Code
Service provider
Rate Applicability of
of VAT VDS
S 003.10
7.5%
VDS Applicable
S 003.20
Dockyard
7.5%
VDS Applicable
S 004
S 004.00
S 005
6
7
S 007
S 008
S
S
S
S
8
9
S 009
S 010
S 009.00
S 010.10
005.10
005.20
007.00
008.10
S 010.20
10
S 011
S 011.10
S 011.20
S 011.30
S 011.40
11
S 012
12
13
14
S 013
S 014
S 015
S 012.10
S 012.11
S 012.12
S 012.13
S 012.14
S 012.20
S 013.00
S 014.00
S 015.10
S 015.20
5.5%
VDS Applicable
15%
15%
15%
15%
N/A
N/A
VDS Applicable
VDS Applicable
Auction
Land development organization
Building construction organization
15%
3%
VDS Applicable
VDS Applicable
VDS Applicable
1.5%
2.5%
4.5%
15%
15%
15%
15%
N/A
N/A
N/A
N/A
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
110
Sl.
Head
No.
Service
Code
15
16
17
18
S 017
S 018
S 020
S 021
S 017.00
S 018.00
S 020.00
S 021.00
19
20
S 022
S 023
S 022.00
S 023.10
21
S 024
S 023.20
S 024.00
Service provider
Rate Applicability of
of VAT VDS
22
23
S 025
S 026
S 025.00
S 026.00
24
25
S 027
S 028
S 027.00
S 028.00
26
27
S 030
S 031
S 030.00
S 031.00
28
S 032
S 032.00
29
30
31
S 033
S 034
S 035
S 033.00
S 034.00
S 035.00
Community center
Film studio
Survey sangstha
Plants or capital machineries rent provider
Sweet shop
Cinema hall or film distributor
Film producer
Sales center of furniture - At
the time of production
Sales center of furniture At the time of marketing,
subject to treasury challan
for 6% at production stage
WASA
Goldsmith, silversmith and
gold & silver trader
Insurance company
Courier & express mail
service
Beauty parlor
Repairing or servicing of
taxable goods
Consultancy firm and supervisory firm
Lessee
Audit and accounting firm
Shipping agent
32
S 036
S 036.10
15%
N/A
S 036.20
Air-conditioned launch
service
15%
N/A
S 036.30
Air-conditioned railway
service
15%
N/A
S 037.00
Procurement provider
5%
VDS Applicable
33
S 037
15%
15%
15%
15%
N/A
N/A
VDS Applicable
VDS Applicable
15%
15%
N/A
N/A
15%
6%
N/A
VDS Applicable
4%
VDS Applicable
15%
5%
N/A
N/A
15%
15%
N/A
VDS Applicable
15%
15%
N/A
VDS Applicable
15%
VDS Applicable
15%
15%
15%
VDS Applicable
VDS Applicable
N/A
111
Sl.
Head
No.
Service
Code
34
S 038
S 038.00
15%
N/A
35
S 039
S 039.10
15%
N/A
S 039.20
15%
N/A
Service provider
Rate Applicability of
of VAT VDS
36
S 040
S 040.00
15%
VDS Applicable
37
S 042
S 042.00
Automated saw-machine
15%
N/A
38
S 045
S 045.00
Legal advisors
15%
VDS Applicable
39
S 046
S 046.00
15%
N/A
40
S 047
S 047.00
Sports organizer
15%
N/A
41
S 048
S 048.00
2.25%
VDS Applicable
7.5%
VDS Applicable
42
S 049
S 049.00
15%
VDS Applicable
43
S 050
S 050.10
15%
VDS Applicable
S 050.20
Graphics designer
15%
VDS Applicable
44
S 051
S 051.00
Engineering firms
15%
VDS Applicable
45
S 052
S 052.00
15%
VDS Applicable
46
S 053
S 053.00
15%
VDS Applicable
47
S 054
S 054.00
15%
VDS Applicable
48
S 056
S 056.00
15%
N/A
49
S 057
S 057.00
Electricity supplier
5%
N/A
50
S 058
S 058.00
15%
VDS Applicable
112
Sl.
Head
No.
Service
Code
Service provider
51
S 059
S 059.00
15%
N/A
52
S 060
S 060.00
4%
VDS Applicable
53
S 061
S 061.00
15%
N/A
54
S 062
S 062.00
Money changer
15%
N/A
S 063
S 063.00
Tailoring shop
15%
N/A
S 064
S 064.10
15%
N/A
S 064.20
15%
N/A
15%
VDS Applicable
55
56
Rate Applicability of
of VAT VDS
57
S 065
S 065.00
58
S 066
S 066.00
15%
VDS Applicable
59
S 067
S 067.00
Immigration advisor
7.5%
N/A
60
S 068
S 068.00
Coaching center
15%
N/A
61
S 069
S 069.00
7.5%
N/A
62
S 070
S 070.10
Private university
7.5%
N/A
S 070.20
7.5%
N/A
63
S 071
S 071.00
Event organizer
15%
VDS Applicable
64
S 072
S 072.00
15%
VDS Applicable
65
S 074
S 074.00
9%
N/A
66
S 076
S 076.00
15%
N/A
67
S 078
S 078.00
5%
N/A
113
Sl.
Head
No.
Service
Code
68
S 099
S 099.00
15%
N/A
S 099.10
Information technology
enabled services
4.5%
VDS Applicable
S 099.20
Other services
15%
VDS Applicable
S 099.30
Sponsorship services
7.5%
VDS Applicable
69
SRO 242
-Ain/2012/659
-Mushak dated 28
June 2012;
Service provider
Rate Applicability of
of VAT VDS
4%
N/A
114
SUMMARY OF
GIFT TAX
115
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116
As per Section 3 of the Gift Tax Act, 1990, gift tax is leviable on gifts made in any
financial year on and from 1 July 1990 at the rates prescribed in the schedule. As
per Section 2(f), Gift means the transfer of any existing immovable or moveable
property by one person to another, made voluntarily and without consideration of
any money or moneys worth.
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
such value cannot be determined, its value will 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.
As per Section 20, provisions of the Gift Tax Act, 1990 shall not apply to gifts made
by following persons
XX
XX
Any institution or fund whose income is exempt from income tax under Sixth
Schedule, Part A, Para 1 &2 of the Income Tax Ordinance, 1984
[Section 4]
As per Section 4 of the Gift Tax Act, 1990, gift tax shall not be charged in respect
of the following gifts made by any person
XX
XX
XX
117
XX
XX
Gift by way of payment of policy of insurance or annuity for any person (other
than wife/spouse) dependent upon him for support and maintenance up to BDT
20,000
XX
XX
XX
In addition to the above exemptions, gifts made in any financial year up to value of
BDT 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.
[Section - 3]
Gift tax is imposed at a 4 tier progressive rate. The value of taxable gift with
corresponding gift tax rate are quoted below
Value of gift
5%
10%
15%
20%
[Section - 7]
Every person who had made taxable gift during any financial year of an amount as to
render him liable to gift tax under the Gift Tax Act, 1990, shall before 15 September
of the corresponding assessment year furnish a return to the Deputy Commissioner
of Taxes in the prescribed form and in the prescribed manner. Tax on the basis of the
return is payable on or before the date on which such return is furnished.
118
Note:
119
120
121
122