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The income tax is administrated Income Tax Ordinance,
1984 and the Income tax Rules, 1984 as well as notification
made under the Ordinance. The charge of tax of a person
depends on its residentship. Total world Income of a
resident is charged to tax in Bangladesh. Where as a
non-resident's Bangladesh income is only charged to
tax in Bangladesh. There are seven heads of income.
The are salary, interest on security, house property,
agriculture, business and profession, capital gain and
other sources.
Submission of income tax returns are generally due by
30th September in case of non-companies and by 31st
December in case of companies.
Assessment is made in several procedures. They are self
assessment, presumptive assessment, spot assessment,
pre-audit based assessment. Certain percent of self
assessment cases are selected for audit.
The assessee can prefer appeal if aggrieved by his assessment.
There are three primary forums for appeal. They are
to the Appellate Commissioner/Additional Commissioner/Joint
Commissioner or to the Commission for reviews. The decisions
of Appellate Commissioner/Additional Commissioner/Joint
Commissioner can be challenged to the next Appellate
Court named as Appellate Tribunal.
Withholding tax is leviable on a number of items including
contractors, imports, transfer of urban land/building,
bank deposits etc.
Bangladesh has Agreement on Avoidance of Double Taxation
with 20 countries. Negotiation with some other countries
are on way.
Tax
Rates:
Tax
Rate for the Assessment Year 2002-2003 will be as follows:
1.
Personal Income Tax Rate:
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(i)
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On
first Tk. 75,000/- of total income
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Nil
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(ii)
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On
next Tk. 1,50,000/- of total income
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10%
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(iii)
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On
next Tk. 1,50,000/- of total income
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15%
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(iv)
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On
next Tk. 2,50,000/- of total income
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20%
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(iv)
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On
the balance of total income
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25%
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Note:
Minimum tax payable will be Tk. 1,200/-
2. Corporate
Tax Rate:
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(i)
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Publicly
traded companies (excepting Bank, Insurance, Leasing
Companies & other financial institution)
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30%
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(ii)
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Non-publicly
traded companies (excepting Bank, Insurance, Leasing
Companies & other financial institution)
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35%
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(iii)
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Bank,
Insurance, Leasing Companies & other financial
institution
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40%
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Note:
Publicly traded companies will get 10% tax rebate if
they declare dividend @ 20% or more.
Tax Incentives
Tax holiday for newly set-up industrial undertakings,
identifiable expansion units, physical infrastructure
facilities, Computer data entry and software development
& tourist industries for 5/7 years depending on
location (sec. 46A, of the Income Tax Ordinance, 1984).
Income of private sector power generation company
for 15 years from the date of commercial production;
Income of expatriate personnel working in such company
for three year from the date of his arrival; Interest
on foreign loans received by such company; Royalties,
technical know-how fees and technical assistance fees
payable by such company and capital gain on transfer
of shares of such company. These exemption will be available
subject to the fulfillment of conditions laid down in
the private sector power generation policy of Bangladesh
(SRO No. 114-L/99 dt. 26.5.99).
Income
from industrial undertaking set-up in Export Processing
Zone for ten years from the date of commercial production
(SRO 289-L/89 dt. 17.7.89).
Fifty
percent of the income of an assessee (other than non-Bangladeshi
company) attributable to export sales (para 28 of Part
A of Sixth Schedule of the Income Tax Ordinance, 1984)
Income
of a newly established hospital for a period of five
years subject to the fulfillment of certain conditions
(SRO No. 180-L/99 dt. 27.7.99).
Fifty
percent of the income of an assessee being resident
derived from business of shipping in international waters
with the ships whose port of registry is in Bangladesh
(para 31, Part A, Sixth Schedule of the Income Tax Ordinance,
1984).
Income
from fish farming, poultry farming, cattle farming,
dairy farming, frog farming, horticulture, mushroom
farming, floriculture, pelleted poultry and fish feed
production upto 2005 A.D. provided that if the income
of such farming exceeds one lakh taka, ten percent of
such income shall be invested in the purchase of bonds
or securities issued by the Government within ninety
days of the end of the income year (SRO 127-L/2000 dt.
11.5.2000).
Income
of a stock exchange in Bangladesh (SRO 102-L/96 dt.
18.8.96).
Income
of the Investment Companies run on commercial basis
and established in Bangladesh under an agreement between
GOB and any foreign Government or investment organisation
formed by the foreign Government for a period mentioned
in the Agreement (SRO 32-L/90 dt. 24.1.90).
Capital
gains arising from the sale Govt. securities and stocks
and shares of public companies listed with a stock exchange
[sec. 32(7) of the Income Tax Ordinance, 1984 ].
Capital
gains arising from the transfer of lands or buildings
to a new company registered under the companies Act,
if the whole amount is invested in the equities of the
said company [sec. 32 (10) of the Income Tax Ordinance,
1984].
Salaries
and allowances of expatriate personnel employed in a
foreign aided project established under an agreement
between the Bangladesh Government and foreign Government
or organisation sponsored by a foreign Government. Provided
the expatriate personnel are the citizens of such foreign
country (SRO No. 207-L/97 dt. 08.09.97).
Salary
received by or due to any person who is neither a citizen
of Bangladesh nor was resident in Bangladesh in any
of the four years immediately preceding the year in
which he arrived in Bangladesh for a period of two years
from the date of his arrived in Bangladesh if such salary
is received for services rendered by him during such
period as a professor or teacher at a recognised University
College or other educational institution in Bangladesh
(Para 8 of Part A of Sixth Schedule of the Income Tax
Ordinance, 1984 )
Salary
received by or due to any person who is neither a citizen
of Bangladesh in any of the four years immediately preceding
the year in which he arrived in Bangladesh for a period
not exceeding three years from the date of his arrival
in Bangladesh, if such salary is received as a technician
under a contract of service to be approved by the Board.
This exemption will continue for another five years
if the concerned technician continues to be employed
by the same employer and tax on the salary of such technician
is payable by the employer. (para 15 & 16 of Part
A of Sixth Schedule of the Income Tax Ordinance, 1984);
Dividend
income received by an assessee other than a company
from a public limited company listed with the stock
exchange upto Tk. 25,000/- (para 24 of Part A of Sixth
Schedule of the Income Tax Ordinance, 1984);
Any
investment made between 01/7/2002 to 30/6/2005 in the
production of goods and services shall be exempt from
tax (sec. 19AAA of the Income tax Ordinance, 1984);
Income
of agro processing industry between 01/7/2002 to 30/6/2005
shall be exempt from tax (SRO No. 175-Income tax/2002
dt. 04/07/2002);
Income
of computer software business between 01/7/2002 to 30/6/2005
shall be exempt from tax (SRO No. 172-Income tax/2002
dt. 04/07/2002);
Concessionary
20% tax rate for new industrial companies (SRO No. 177-Income
tax/2002 dt. 04/07/2002);
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