The Institute of Chartered Accountants of Bangladesh

The Institute of Chartered Accountants of Bangladesh

TAXATION 2

Study Manual(Covering Finance Act 2011)

CA Professional Stage Application Level

www.icab.org.bd PARTNER IN LEARNING

Taxation II

The Institute of Chartered Accountants of Bangladesh Professional Stage

The learning materials have been prepared by the Institute of Chartered Accountants of Bangladesh

First edition March 2011

All rights reserved. No part of this publication may be reproduced in any form or by any means or stored in any retrieval system, or transmitted in, any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior permission of the publisher.

Contents

Page

Introduction

Specification grid for Taxation 2

The learning materials

Study guide

Getting help

Syllabus and learning outcomes

1 Introduction to Bangladesh Income Tax

2 Administration and Tribunal

3 Charge of income tax

4 Income from salaries

5 Income from Interest on Securities

6 Income from house property

7 Agriculture income

8 Income from business or profession

9 Capital gains

10 Income from other sources

11 Depreciation allowances

12 Set off and carry forward of losses

13 Exemption and allowances (tax holiday / exemption)

14 Payment of tax before assessment

15 Advance payment of tax

16 Return of income and statements

17 Assessment

18 Assessment of individuals

19 Assessment of partnership firms

20 Assessment of companies

21 Liability in special cases and assessment of non-residents

22 Special provisions relating to avoidance of tax

23 Powers of Income Tax Authorities Including Search and Seizure

24 Imposition of Penalty

25 Recovery of Tax

26 Double taxation relief

27 Refunds

28 Appeal and reference

29 Miscellaneous

30 Value Added Tax

31 Ethics

Sample Paper

Sample Paper Answers

1 Introduction

1.1 What is Taxation and how does it fit within the Professional Stage?

Structure

The syllabus has been designed to develop core technical, commercial, and ethical skills and knowledge in a structured and rigorous manner.

The diagram below shows the twelve modules at the Professional Stage, where the focus is on the acquisition and application of technical skills and knowledge, and the Advanced Stage which comprises of two technical integration modules and the Case Study.

Ethics

Case Study

Ethics Ethics Financial and Corporate ReportingEthics Ethics ManagementinformationBusinessand financeEthics KnowledgemodulesFinancialaccountingTaxationEthics Audit andassuranceEthics FinancialreportingFinancialmanagementBusinessstrategyEthics ApplicationmodulesAccountingPrinciplesof TaxationEthics AssuranceEthics Law

Work experience puts learning in contextIntegrated ethics training throughout to support business decision making

Advance Audit and AssuranceBusiness Analysis

Advanced stage

Ethics

Professional stage

The knowledge base

The aim of the Taxation module is to enable students to understand the general objectives of tax and to calculate income tax, capital gains tax, corporation tax and VAT in straightforward scenarios.

Progression to application level

The knowledge base that is put into place here will be taken further in the application level Taxation module, where the aim will be to enable students to prepare tax computations and provide tax advice to individuals and companies, again in straightforward scenarios. The above taxes introduced at knowledge level are taken to a higher level.

Progression to advanced stage

The Case Study of advanced level then takes things further again. The aim is to ensure that students can provide technical advice in respect of issues arising in business transformations.

The above illustrates how the knowledge of taxation principles gives a platform from which a progression of skills and taxation expertise is developed.

1.2 Services provided by professional accountants

Professional accountants should be able to:

Explain the general objectives of tax, the influences upon Bangladesh system of tax and the different types of tax in Bangladesh

Recognize the ethical issues arising in the course of performing tax work and identify the obligations Bangladesh system of tax imposes on taxpayers and the implications for noncompliance of taxpayers

Calculate the amounts of income and their taxes owed by or owed to individuals

Calculate the capital gains tax payable by individuals and the chargeable gains subject to corporation tax

Calculate the corporation tax liabilities of companies

Calculate the amount of VAT owed by or owed to businesses2 Specification grid for Taxation 2

2.1 Module aim

To develop students' knowledge of taxation in Bangladesh gained at the Professional Examination (Knowledge) level and to enable them to undertake straightforward tax computations for individuals and business entities. To give students a working knowledge of the processes of tax investigations and disputes and to enable them to explain the reasons for professional ethical requirements in the area of tax work.

On completion of this module, students will be able to: explain the relevance of ethical and professional issues for a professional accountant undertaking tax work provide information to business entities and to individuals on the amount of taxation that they may owe to or be owed by the taxation authorities advise and assist business entities and individuals in the adherence to regulations surrounding taxation provide information to business entities and to individuals on the effects of national taxes, including circumstances where foreign taxes affect national taxes describe the processes of tax investigations and taxation disputes

2.2 Specification grid

This grid shows the relative weightings of subjects within this module and should guide the relative study time spent on each. Over time the marks available in the assessment will equate to the weightings below, while slight variations may occur in individual assessments to enable suitably rigorous questions to be set.

Weighting (%)

Ethical considerations 10The taxation of business entities 30The taxation of individuals 30Investigations and disputes 10Value Added Tax 201003 The learning materials

You will find the learning materials are structured as follows: Title page Contents page The specification grid for the Taxation 2 A brief note about the learning materials Study Guide. This includes hints and tips on how to approach studying for your CA exams guidance on how to approach studying with this study manual Information on how to obtain help with your studies The detailed syllabus and learning outcomes

Each chapter has the following components where relevant: Introduction Learning objectives Practical significance Stop and think Working context Syllabus links Examination context Exam requirements Examiner's comments on how students tackle questions Chapter topics Details about topics Problems Answers Some past years questions Solution to those past years questions

The technical reference section is designed to assist you when you are working in the office. It should help you to know where to look for further information on the topics covered. You will not be examined on the contents of this section in your examination.

4 Study guide4.1 Help yourself study for your ACA exams

Exams for professional bodies such as the ICAEW are very different from those you have taken at college or university. You will be under greater time pressure before the exam as you may be combining your study with work. Here are some hints and tips.

The right approach

1 Develop the right attitude

Believe in yourself

Yes, there is a lot to learn. But thousands have succeeded before and you can too.

Remember why you're doing it You are studying for a good reason: to advance your career.

2 Focus on the exam

Read through the Syllabus and Study Guide These tell you what you are expected to know and are supplemented by Examination context sections in the study manual.

Remember why you're doing it You are studying for a good reason: to advance your career.

3 The right method

See the whole pictureKeeping in mind how all the detail you need to know fits into the whole picture will help you understand it better. The Introduction of each chapter puts the material in context. The Learning objectives, Section overviews and Examination context sections show you what you need to grasp.

Use your own wordsTo absorb the information, you need to put it into your own words. Take notes. Answer the questions in each chapter. Draw mindmaps. Try 'teaching' a subject to a colleague or friend.

Give yourself cues to jog your Memory Try key points with a highlighter pen. Write key points on cards.

4 The right recap

Review, review, reviewRegularly reviewing a topic in summary form can fix it in your memory. The Study Manual helps you review in many ways. Chapter summary will help you to recall each study session. The Self-test actively tests your grasp of the essentials. Go through the Examples in each chapter a second or third time.

4.2 Study cycle

The best way to approach this Study Manual is to tackle the chapters in order. We will look in detail at how to approach each chapter below but as a general guide, taking into account your individual learning style, you could follow this sequence for each chapter.Key study stepsActivity

Step 1Topic listThis topic list is shown in the contents for each chapter and helps you navigate each part of the book; each numbered topic is a numbered section in the chapter.

Step 2IntroductionThis sets your objectives for study by giving you the big picture in terms of the context of the chapter. The content is referenced to the Study guide, and Examination context guidance shows what the examiners are looking for. The Introduction tells you why the topics covered in the chapter need to be studied.

Step 3Section overviewsSection overviews give you a quick summary of the content of each of the main chapter sections. They can also be used at the end of each chapter to help you review each chapter quickly.

Step 4ExplanationsProceed methodically through each chapter, particularly focussing on areas highlighted as significant in the chapter introduction or study guide.

Step 5Note takingTake brief notes, if you wish. Don't copy out too much. Remember that being able to record something yourself is a sign of being able to understand it. Your notes can be in whatever format you find most helpful; lists, diagrams, mindmaps.

Step 6ExamplesWork through the examples very carefully as they illustrate key knowledge and techniques.

Step 7AnswersCheck yours against the suggested solutions, and make sure you understand any discrepancies.

Step 8Self-testUse the self-assessment question to check how much you have remembered of the topics covered.

Step 9Question practiceAttempt the question(s) relating to this chapter in the revision of suggested answers.

Moving on...

When you are ready to start revising, you should still refer back to this Study Manual.

As a source of reference (you should find the index particularly helpful for this). As a way to review (the Section overviews, Examination context, Chapter summaries and Self test questions help you here).

Remember to keep careful hold of this Study Manual you will find it invaluable in your work. The technical reference section has been designed to help you in the workplace by directing you to where you can find further information on the topics studied.

5 Getting helpFirstly, if you are receiving structured tuition, make sure you know how and when you can contact your tutors for extra help.

Identify a work colleague who is qualified, or has at least passed the paper you are studying for, who is willing to help if you have questions.

Form a group with a small number of other students, you can help each other and study together, providing informal support.

Syllabus and learning outcomes

The following is the learning outcomes of taxation 2 with reference to the chapters covered the learning outcomes in this study manual:1. Ethical considerationsCandidates should be able to explain the relevance of ethical and professional issues for a professional accountant undertaking tax work.

In the examination, candidates may be required toa. explain the relevance and importance of key ethical and professional issues for a professional accountant undertaking tax workb. judge when to refer taxation matters for senior help.

2. The taxation of business entitiesCandidates should be able to provide information to business entities on the amount of taxation that they may owe to or be owed by the taxation authorities, advise and assist business entities in the adherence to regulations surrounding taxation, and provide information on the effects of national taxes, including circumstances where foreign taxes affect national taxes.

In the examination, candidates may be required toa. identify investments and expenditure which legally reduce tax liability and judge when they might be appropriateb. identify for actual or proposed transactions those treatments that are illegal for tax purposes and explain the reasons for the illegalityc. explain how tax considerations can affect any investment decisions of a business entityd. explain how tax considerations can affect financial reporting by an entitye. calculate the amounts subject to national, regional and local taxation, the resulting amount of tax payable or recoverable by an entity and the effects of any foreign taxes on those amounts (the calculation of foreign tax liabilities is not required)f. identify how tax losses can be used by a business entityg. describe the effect of a change in the ownership of a business entity on its tax lossesh. explain how alternative methods of achieving business objectives can lead to different tax outcomesi. calculate the tax implications for a business entity of different courses of action, taking into account the relevant taxes and other relevant implicationsj. identify the tax holiday issues

3. The taxation of individualsCandidates should be able to provide information to individuals on the amount of taxation that they may owe to or be owed by the taxation authorities, advise and assist individuals in the adherence to regulations surrounding taxation, and provide information on the effects of national taxes, including circumstances where foreign taxes affect national taxes.

In the examination, candidates may be required toa. identify for actual or proposed transactions those treatments that are illegal for tax purposes and explain the reasons for the illegalityb. calculate the amounts subject to national taxation, the resulting amount of tax payable or recoverable by an individual or entity and the effects of any foreign taxes on those amounts (the calculation of foreign tax liabilities is not required)c. identify how tax losses can be used by an individuald. explain how alternative methods of achieving personal objectives can lead to different tax outcomese. calculate the tax implications for an individual of different courses of action (borrowing, investment, expenditure etc.), taking into account the relevant taxes and other implications

4. Investigations and disputesCandidates should be able to describe the processes of tax investigations and taxation disputes.

In the examination, candidates may be required toa. identify the periods within which the relevant authorities can enquire into a taxpayers returns or other information and tax liabilities and describe the taxpayers right of appealb. Describe the process for dealing with taxation disputes.

5. Value Added Tax (VAT)

Candidates should be able to explain the process of computation of VAT payable, administration, different schedules, turnover tax, supplementary duty, other relevant rules and procedures and advise and assist individual and business entities in the adherence to regulations surrounding VAT, turnover tax and supplementary duty

In the examination, candidates may be required toa. demonstrate the concept and definition b. explain the imposition of VAT, supplementary duty and identify the application of tax ratec. explain the registration procedures, method of computation of VAT payable, time of payment of VAT and turnover tax and d. Mention the documents required for VAT administration e. identify the different schedule for VAT and supplementary dutyf. identify the VAT authorities and its power and functionsg. explain the consequences for non-compliance of VAT rules and regulation

Chapter 1

Introduction to Bangladesh income tax

Contents

IntroductionExamination context Topic List

1.1 Introduction

1.2 Bangladesh Tax Structure

1.3 Sources of tax law and practice

1.4 Scope of Bangladesh Income Tax

1.5 Structure of IT Ordinance, 1984

1.6 Objectives and Importance of Income Tax

1.7 Role of Income Tax in Economic Development of Bangladesh

1.8 Some Definitions & Important Concepts Relating to Tax

1.9 The Concept of Income

1.10 Capital or Revenue

1.11 Tax and Income Tax

1.12 Different Rates of Tax

1.13 Liability to tax

1.14 Tax Liability on Income

1.15 Some significant issues of income tax

Introduction

Learning objectives

Identify the objectives of tax in terms of economic, social justice and environmental issues Recognise which taxes apply to different taxpayers e.g. individual, partners and companies Identify the sources of tax law Get the idea about the income, tax and income tax Know the history of income tax Recognise different rates of income tax applicable to individual, corporate and others Understand the concept of capital and revenue expenditure Identify the residential status of an assessee

Practical significance

Every person in Bangladesh is affected by our tax system in some ways, often on a daily basis and without even realising it. We pay tax on the money we earn and on the things we buy and this tax is of course used by the government to pay for our development purpose such as schools, hospitals, roads and so on.

As government and business practices change, the tax system changes. In Bangladesh we have an annual budget cycle which begins with the Pre Budget Report in late May/early June and ends with the enactment of a Finance Act in June. This is supplemented by a huge body of case law and practical interpretation. Unfortunately, the new law is usually just added to the existing law and so the overall legislative burden increases over time. There are regular calls for a programme of tax simplification, but although there has been much discussion, we have seen little real change.

The Income Tax Ordinance 1984, The Value Added Act 1991 are the main sources of tax law. The National Board of Revenue (NBR), a statutory body is the highest authority for the purpose of these Ordinance and Acts.

Income of different types is taxed at different rates. Before calculating income tax liability one should have the concept of income, tax, income tax and income tax rate and other relevant issues. Residential status has significance for determining tax liability.

One way of helping people to deal with complexity in the tax system is to use technology. Presently people can use computerized system to calculate tax on his/her taxable income. Even NBR website gives the opportunity to compute tax by using income tax calculator.

Stop and think

It is likely that you have personally been paying tax on your various sources of income/gains for some time. Have you stopped to think about how this affects the actions that you take?

Working context

The impact of taxation on the overall economy and the society is increasing day by day. Tax is charged on different types of assesses like individual and companies. The volume and complexity of tax law is now such that many businesses have to spend considerable amounts of time just on tax administration. Many business decisions will have tax consequences. Most large corporate operate on a global basis and will choose which country they want their business to be based in.

Without advice from an accountant, a business can easily find itself paying too much tax and missing deadlines. It is important to have a good overall feel for the tax system early in your studies so that you know where to look for the detailed rules when you need them later on.

Syllabus links

The topics covered in this chapter are essential background knowledge which will underpin the whole of your Taxation studies.

Examination context

Exam requirements

In the examination, candidates may be required to:

Identify the social justice principles being applied for taxation purposes Understand which taxes apply to different taxpayers Identify the sources of tax law in Bangladesh. Define some terminologies relating to income tax Determine the residential status of an assessee based on given information Identify the five tier tax rate for individual and other tax rates for other assessees

Question practice

For question practice on these topics go to the suggested questions and answers covering the basic idea about taxation.

1.0 Objectives

Section overview

Taxation system of Bangladesh has developed gradually and has been changed by successive governments in accordance with their political philosophy. Governments use taxation to encourage or discourage certain types of economic activity. Taxation may be used to promote social justice but there is no political consensus on what is meant by this term. Environmental concerns have led to changes in taxation policy. There is no exhaustive definition of income in Income Tax Ordinance 1984 (Ordinance) Income tax is tax on income. The Ordinance got its root in the then British India in 1860. Different tax rates are applicable for different types of assessee and classes of income. Income tax is levied on income and not on capital receipts. The distinction between capital and revenue receipts is much more difficult than between capital and revenue expenditure. Residential status is very vital for determining tax liability.

1.1 Introduction

Among direct taxes, income tax is one of the main sources of revenue of Bangladesh Government to generate funds for running its administration and also funding development expenditure. It is a digressive taxation system where tax rate increases up to a certain level and become fixed for all income exceeding that limit. Income tax is imposed on the basis of ability to pay. The more a taxpayer earns the more he should pay''- is the basic principle of charging income tax. It aims at ensuring equity and social justice.

Bangladesh taxation system has developed over centuries from the then British India in 1860 to the present condition on a piecemeal basis. The system, however, developed on the basis of generally accepted canons and there had been efforts towards rationalizing the tax administration for optimizing revenue collection, reducing tax evasion and preventing revenue leakage through system loss.

In the fiscal scheme of our country, at present, income tax is levied along with other direct and indirect taxes like VAT, Excise duty, Gift tax etc.

1.2 Bangladesh Tax Structure

The tax structure of Bangladesh consists of both direct (income tax, gift tax, land development tax, non-judicial stamp, registration, immovable property tax, etc) and indirect (customs duty, excise duty, motor vehicle tax, narcotics and liquor duty, VAT, SD, foreign travel tax, IT, electricity duty, advertisement tax, etc) taxes. Analysis of revenue collection activities in Bangladesh reveals that tax revenue accounts for 80 percent of government revenue and direct taxes represent only about 19% of total taxes.

As per the National Budget 2011-12, the tax revenue target for the fiscal year 2011-12 has been set by the government to Tk. 957.85 billion which was Tk. 760.42 billion in the fiscal year 2010-11. From the analysis of the National Budget 2011-12, it can be seen that in the fiscal year 2011-12 revenue collections from value added tax (VAT) have been estimated at around Tk. 343.04 billion (35.81% of total tax), from import duty at Tk. 126.34 billion (13.19%), income tax at Tk. 275.61 billion (28.77 %), supplementary duty at Tk. 162.20 billion (16.93%) and others 0.70% of this aggregate target.

The significant features of Bangladesh tax system are as follows:

A) Multiple tax system: The tax system of Bangladesh consists of various types of taxes which are as follows: I. Taxes on Income and Profit 1.Income tax - Company 2.Income tax Persons other than Company II. Taxes on Property & Capital Transfer 1.Estate Duty 2.Gift Tax 3.Narcotics Duty 4.Land Revenue 5.Stamp Duty - non judicial 6.Registration III. Taxes on Goods and Services 1.Customs Duties 2.Excise Duties 3.Value Added Tax (VAT) 4.Supplementary Duty (on luxury items and in addition to VAT) 5.Taxes on Vehicles 6.Electricity Duty 7.Other Taxes and Duties (travel tax, turn over tax, etc.)

B) Inadequate and stagnant revenue yield relative to GDP: The ratio of tax revenue to GDP is very low comparing to other developing countries. We can see the status of the ratio of tax revenue to GDP of Bangladesh in the following table for the last six years:

Revenue as % of GDP2005-062006-072007-082008-092009-102010-11

Total revenue10.810.511.111.211.512.09

Tax Revenue8.78.38.89.09.310.04

Non-tax Revenue2.12.22.32.22.22.05

C) High-ratio of indirect to direct tax revenue: An analysis of the revenue from the existing taxes shows that the indirect taxes pre-dominate the revenue yield of the country. More than 70% of the tax revenue are from indirect taxes which is clear from the following table: Revenue ( in Crore)2005-062006-072007-082008-092009-102010-11

Total revenue44,86849,47260,53969,18079,48495.188

Tax Revenue36,17539,24748,01255,52663,95679.052

Non-tax Revenue8,69310,22512,52713,65415,52816.135

% of Tax to Revenue80.63%79.33%79.31%80.26%80.46%83.00%

Direct Tax (DT)8,30310,27512,50215,46219,51625.974

% of DT to Total Tax22.95%26.18%26.04%27.85%30.51%32.90%

Indirect Tax (IT)27,87228,97235,51040,06444,44053.078

% of IT to total tax77.05%73.82%76.96%72.15%69.49%67.10%

D) Dominance of VAT and Import duty:

It has been seen that the dominance of VAT and import duty in tax revenue sector is increasing day by day. Moreover, in order to increase revenue collection from domestic sources, V AT network has been widened in recent years. From the following table we can see their dominance:

% Collection from2005-062006-072007-082008-092009-102010-11

VAT34.3%34.9%35.4%36.2%35.6%35.77%

Import duty22.8%21.1%19.3%17.2%16.3%13.77%

Income tax19.2%22.7%22.9%24.4%25.9%27.96%

Supplementary duty17.7%15.5%16.6%16.4%16.4%17.15%

Other taxes and duties0.8%0.8%1.0%0.8%0.7%0.60%

Excise duty0.5%0.5%0.4%0.4%0.4%0.35%

E) Tax administration in Bangladesh: National Board of Revenue (NBR) is the central authority for tax administration in Bangladesh and collects almost 80 percent of total revenue for the country. Various reform measures have been taken and still in consideration to make the tax system of the country more effective and efficient. F) Tax avoidance behavior of the Taxpayers: The heavy reliance on indirect taxation has been treated as one of the main obstacles in attaining economic progress in Bangladesh since only a few tax payers share the burden of taxes. Despite NBR's untiring effort, the progress is not still satisfactory. People and corporate firms use various measures to evade tax using loopholes of the current tax system. G) Narrow Tax base: Our tax base is too narrow and the tax law is full of exemptions and allowances. Agricultural sector provides employment for around 60 percent of the population contributes only 25 percent of GDP and virtually pays little in the form of income tax.

From the above discussion, it is clear that attaining an optimal tax structure is one of the most important issues for the government of Bangladesh to increase the revenue generation from taxes for accelerating growth and to improve the quality of life of the citizens. A long-term sustainable solution to enhance transparency, promote growth, improve tax compliance and thus to increase tax to GDP ratio is a much desirable issue in the context of Bangladesh.

1.3 Sources of tax law and practice:A. Legislation

The basic rules of Bangladesh taxation system are based on the Income Tax Ordinance 1984 and the Income Tax Rules 1984. The Value Added Tax Act 1991 is the main source of VAT laws. The tax legislation is amended each year by the Finance Act. This is based on proposals in the Budget each year. The Finance Act generally relates to the income year and assessment year starting on July of that year. Therefore, the Finance Act 2011 relates mainly to the assessment year 2011-2012.

B. Case law

Over the years, many hundreds of tax cases have been brought before the courts where the interpretation of statute law is unclear.

Decisions made by judges to resolve these cases form case law. Many judgments are precedent for future cases which means that they must be followed unless superseded by legislation or the decision of a higher court.

C. NBR Publication

The National Board of Revenue (NBR) is a statutory body having the highest executive authority and empowered to make necessary rules concerning income tax matters and is authorized to give any interpretation of any provision in any section of the Ordinance. NBR makes available some forms, notifications, brochures, and guidelines of income tax, VAT and customs through its websites and other forms of communication for public at large.

There are many SROs and circulars on income tax and VAT published by NBR providing guideline for tax purpose.

1.4 Scope of Bangladesh Income Tax

Some provisions, rules and regulations have to be kept in mind in order to determine income tax on the income of an assessee in Bangladesh. They are as follows:

I. The Income Tax Ordinance, 1984: The Income Tax Ordinance, 1984 came into force on 1st July, 1984 as Income Tax Manual I. It has 23 Chapters, 187 sections, numerous subsections and seven schedules containing provisions regarding assessment, penalty, appeal etc.

II. Income Tax Rules, 1984: Income Tax Rules, 1984 has framed various rules for the administration of the Income Tax Ordinance, 1984 as provided therein. III. Finance Act: To give effect to the various proposals in the annual budget covering the areas of direct and indirect taxes, Finance Act is issued. It contains various applicable tax rates and other amendments of the Income Tax Ordinance and Rules, 1984.

IV. SRO (Statutory Regulatory Orders): According to the Section 185 of the Income Tax Ordinance, 1984, NBR can issue certain circulars as and when necessary. The provisions of these SROs are also to be considered at the time of computing income tax like the provisions of Income Tax Ordinance and Rules.

V. Income Tax Case Law: In the course of assessment proceedings, there may sometimes arise a dispute between the NBR and the assessee over the interpretation of some of the provisions of the act and rules. The assessee can go the court objecting the NBR's interpretation, and the judgments given by the courts act as guidance to the assessing officers and the assessee in similar circumstances in the future.

1.5 Structure of Income Tax Ordinance, 1984:

The Income Tax Ordinance, 1984 came into force on 1st July, 1984 as Income Tax Manual 1. It has 23 Chapters, 187 sections, numerous sub-sections and seven schedules containing provisions regarding assessment, penalty, appeal etc. A brief description regarding these enumerated below: I. The Income Tax Ordinance, 1984 - Chapters and Sections

Chapter Title Sections

1Preliminary 1-2

2Administration 3-10

3Taxes Appellate Tribunal 11-15

4Charge of Income Tax 16-19

5Computation of Income 20-43

6Exemption and Allowances 44-47

7Payment of Tax before Assessment 48-74

8Return and Statement 75-80

9Assessment 81-94

10Liability in Special Cases 95-103

11Special Provisions relating to avoidance of tax 104-107

12Requirement of furnishing certain information 108-110

13Registration of firms 111 (omitted)

14Powers of Income Tax Authorities 112-122

15Imposition of Penalty 123-133

16Recovery of Tax 134-143

17Double Taxation Relief 144-145

18Refunds 146-152

18ASettlement of Cases152A-152E (omitted)

18BAlternate Dispute Resolution152F-152S

19Appeal and Reference 153-162

20Protection and Information 163

21Offences and Prosecution 164-171

22Miscellaneous 172-184

23Rules and Repeal 185-187

II. The Income Tax Ordinance, 1984-Schedules

SL #ScheduleTitle

1First Schedule:

Part-AApproved Superannuation Fund or Pension Fund

Part BPart - CRecognized Provident FundApproved Gratuity Fund

2Second Schedule:Rates of income tax in certain special cases

3Third Schedule:Computation of Depreciation Allowance

4Fourth Schedule:Computation of the Profits and Gains of Insurance Business

5Fifth Schedule:

Part-AComputation of Profits and Gains from Exploration and production of petroleum and the determination of tax thereon.

Part- BComputation of Profits and Gains from Exploration and Extraction of Mineral deposits in Bangladesh (except oil and gas).

6Sixth Schedule:

Part-AExclusions from total Income

Part - BExemptions and allowances for assessees being resident and nonresident Bangladeshi

7Seventh ScheduleComputation of relief from income tax by way of credit in respect of foreign tax

III. The Income Tax Rules, 1984

The IT Rules, 1984, comprises sixty nine rules to supplement various sections and provisions of the IT Ordinance, 1984. National Board of Revenue (NBR) enjoys flexibility to amend or change any rules through the notification in the official gazette.

1.6 Objectives and Importance of Income Tax:

Taxation is one of the major sources of revenue to Government to meet a country's revenue and development expenditures with a view to accomplishing some economic and social objectives, such as redistribution of income, price stabilization and discouraging consumption of harmful and socially undesirable goods. Some major objectives and importance of income tax are as follows: (a) Revenue collection: Income tax is a major source of revenue for the government. In Bangladesh, income tax revenue accounts for nearly 18 percent of total government revenue. Therefore, the first and foremost aim of income tax is to raise public revenue to meet the ever increasing public expenditure. (b) Re-distribution of income: An effective, efficient and fair taxation system can reduce inequalities in income and wealth. This is possible by taxing rich people heavily and to confer benefit to the poorer section through progressive income tax. (c) Increase in savings: An effective and efficient tax system encourages people to save through providing tax credit facilities on investment allowance. (d) Increase in capital investment: An effective and efficient tax system encourages local and foreign investors to invest in the country through providing various facilities like tax credit facilities on investment allowance, tax holiday scheme, depreciation allowance, tax incentives etc. (e) Economic development: The income tax revenue can be used by the government to ensure the economic development of the country. It can be used to build the infrastructure, to invest in social security programs, in various poverty elevation programs.

So, from the above discussion it is clear that income tax plays a significant role in the economic development of a country. For this reason various reform strategies have been taken to modernize NBR.

1.7 Role of Income Tax in Economic Development of Bangladesh:

As it has been discussed before, taxation is one of the major sources of public revenue to meet a country's revenue and development expenditures with a view to accomplishing some fundamental economic and social objectives, such as redistribution of income, price stabilization and discouraging harmful consumption. The contribution of income tax is playing a pivotal role in the economic development of Bangladesh. The government of Bangladesh has taken various measures to modernize the tax system and imposed various provisions in the Income Tax Ordinance, 1984. Some of the provisions are as following:

(a) Tax Holiday Scheme: According to Section 45, 46 and 47 of the ITO, 1984, an industrial enterprise established within prescribed time limit in the prescribed area shall be exempted from tax for period, i.e. 4 to 12 years. This is known as Tax Holiday Scheme. The main objective of this scheme is to ensure economic development through industrialization attracting investment in some specific sectors e.g. tourism industries. (b) Investment allowance: Investment allowance is given on the investment in new machineries (like machineries of new Fishing Boats & passenger boats) @ 20%, if they are established in NBR specified areas it is 25%. This provision is also attracting investors. (c) Accelerated Depreciation Allowance: Depreciation allowance is allowed on the new machineries used in various industries at a specified rate (100% in first year for specified areas, and 80% in first and 20% in the second year for industries established in other areas.)(d) Tax incentives for Small & Cottage Industries: According to Section 47(b)(ii) tax incentives are allowed on the income and profit of cottage industries to encourage investment in cottage industries which can contribute to the economy significantly. (e) Tax incentives for encouraging savings: The government also encourages savings providing tax credit facilities on certain types of investment and expenditures. Such as, purchase of shares and debentures, savings certificate, DPS, insurance premium, provident fund etc. (f) Tax exemptions in certain expenditures: Certain expenditures to enhance social welfare like contribution to president's/prime minister's relief fund; Government Zakat fund, Ahsania Mission Cancer Hospital etc. are exempted from tax payment. These provisions also encourage people to spend in certain social development program. (g) Tax incentives for foreign investors: For attracting foreign investors various concessions like tax holiday, tax exemptions for interest, royalty, technical assistance and fees, remittance to own country have been allowed as per the ITO, 1984. (h) Allowance for scientific research: For developing new products, technologies in the industrial sectors certain allowance is allowed. Tax rebate is given on the cost of relevant scientific research. (i) Tax incentives for remittance to Bangladesh: A significant number of Bangladeshi people work abroad and to encourage them remittances through banking channel has been dec1ared tax exempted.

So, it can be said that to ensure the economic development of the country certain provisions have been introduced in the ITO, 1984. These provisions encourage not only foreign investors but also the local entrepreneurs.

1.8 Some Definitions & Important Concepts Relating to Tax:

1. Agricultural income [U/S 2(1)]: "agricultural income" means- (a) Any income derived from any land in Bangladesh and used for agricultural purposes (i) By means of agriculture; or (ii) By the performance of any process ordinarily employed by a cultivator to render marketable the produce of such land; or (iii) by the sale of the produce of the land raised by the cultivator in respect of which no process, other than that to render the produce marketable, has been performed; or (iv) by granting a right to any person to use the land for any period; or (b) Any income derived from any building which- (i) is occupied by the cultivator of any such land as is referred to in sub-clause (a) in which any process is carried on to render marketable any such produce as aforesaid; (ii) is on, or in the immediate vicinity of such land; and (iii) is required by the cultivator as the dwelling house or store-house or other outhouse by reason of his connection with such land. 2. Annual Value [U/S 2(3)]: "annual value" shall be deemed to be(a) in relation to any property let out- (i) the sum for which property might reasonably be expected to let from year to year and any amount received by letting out furniture, fixture, fittings etc.; or (ii) where the annual rent in respect thereof is in excess of the sum referred to in paragraph (i), the amount of the annual rent. 3. Appellate Joint Commissioner [U/S 2(4)]: "Appellate Joint Commissioner" means a person appointed to be an Appellate Joint Commissioner of Taxes U/S 3 [and includes an Appellate Additional Commissioner of Taxes] [and also a person appointed to hold current charge of an Appellate Joint Commissioner of Taxes]. 4. Assessee [U/S 2(7)]: "Assessee", means a person by whom any tax or other sum of money is payable under this Ordinance, and includes- (a) every person in respect of whom any proceeding under this Ordinance has been taken for the assessment of his income or the income of any other person in respect of which he is assessable, or of the amount of refund due to him or to such other person; (b) every person who is required to file a return U/S 75, U/S 89 or U/S 91; (c) every person who desires to be assessed and submits his return of income under this Ordinance; and (d) every person who is deemed to be an assessee, or an assessee in default, under any provision of this Ordinance; 5. Assessment [U/S 2(8)]: "assessment", with its grammatical variations and cognate expressions, includes re-assessment and additional or further assessment; 6. Assessment Year [U/S 2(9)]: "assessment year" means the period of twelve months commencing on the first day of July every year; and includes any such period which is deemed, under the provisions of this Ordinance, to be assessment year in respect of any income for any period; 7. Business [U/S 2(14)]: "business" includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture; 8. Capital asset [U/S 2(15)]: "capital asset" means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include- (a) any stock-in-trade (not being stocks and shares), consumable stores or raw materials held for the purposes of his business or profession; (b) personal effects, that is to say, movable property (including wearing apparel, jewellery, furniture, fixture, equipment and vehicles), which are held exclusively for personal use by, and are not used for purposes of the business or profession of the assessee or any member of his family dependent on him; and (c) agricultural land in Bangladesh, not being land situate- (i) in any area which is comprised within the jurisdiction of municipality (whether known as a municipality, municipal corporation, town, or by any other name) or a cantonment Board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the income year; or (ii) in any area within such distance not being more than five miles from the local limits of any municipality or cantonment board referred to in paragraph (i), as the Government may having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification in the official Gazette. 9. Charitable Purpose [U/S 2(16)]: "charitable purpose" includes relief of the poor, education, medical relief and the advancement of any object of general public utility; 10. Child [U/S 2(18)]: "child", in relation to any individual, includes a step-child and an adopted child of that individual; 11. Company [U/S 2(20)]: "Company" means a company as defined in [the Companies Act, 1913 (VII of 1913) or the Companies Act, 1994 (VIII of 1994)] and includes- (a) a body corporate established or constituted by or under any law for the time being in force; (b) any nationalized banking or other financial institution, insurance body and industrial or business enterprise; (bb) an association or combination of persons, called by whatever name, if any of such persons is a company as defined in [the Companies Act, 1913 (VII of 1913) or the Companies Act, 1994 (VllI of 1994); (bbb) any association or body incorporated by or under the laws of a country outside Bangladesh; and;] (c) any foreign association or body, [not incorporated by or under any law], which the Board may, by general or special order, declare to be a company for the purposes of this Ordinance; 12. Deputy Commissioner of Taxes [U/S 2(23)]: "Deputy Commissioner of Taxes" means a person appointed to be a Deputy Commissioner of Taxes U/S 3, and includes a person appointed to be an Assistant Commissioner of Taxes, an Extra Assistant Commissioner of Taxes and a Tax Recovery Officer;

13. Dividend [U/S 2(26)]: "Dividend" includes-- (a) any distribution by a company of accumulated profits, whether capitalized or not, if such distribution entails the release by the company to its shareholders of all or any part of its assets or reserves; (b) any distribution by a company, to the extent to which the company possesses accumulated profits, whether capitalized or not, to its shareholders of debentures, debenture-stock or deposit certificates in any form, whether with or without interest; (c) any distribution made to the shareholders of a company on its liquidation to the extent to which the distribution is attributable to the accumulated profits of the company immediately before its liquidation, whether capitalized or not; (d) any distribution by a company to its shareholders on the reduction of its capital, to the extent to which the company possesses accumulated profits, whether such accumulated- profits have been capitalized or not; (dd) any profit remitted outside Bangladesh by a company not incorporated in Bangladesh under the Companies Act, 1994 (VIII of 1994); (e) any payment by a private company of any sum (whether as representing a part of the assets of the company or otherwise) by way of advance or loan to a shareholder or any payment by any such company on behalf, or for the individual benefit, of any such shareholder, to the extent to which the company, in either case, possesses accumulated profit; but does not include-- (i) a distribution made in accordance with sub-clause (c) or sub-clause (d) in respect of any share including preference share for full cash consideration, or redemption of debentures or debenture-stock, where the holder of the share or debenture is not entitled in the event of liquidation to participate in the surplus assets; (ii) any advance or loan made to a shareholder in the ordinary course of its business, where the lending of money is a substantial part of the business of the company; (iiia) any bonus share issued by a company. 14. Employer [U/S 2(27)]: "employer" includes a former employer; 15. Employee [U/S 2(28)]: "employee", in relation to a company, includes the managing director, or any other director or other person, who irrespective of his designation, performs, any duties or functions in connection with the management of the affairs of the company; 16. Fair Market Value [U/S 2(30)]: "fair market value" means, in relation to capital asset- (a) the price which such asset would ordinarily fetch on sale in the open market on the relevant day, and, where such price is not ascertainable, the price which the Deputy Commissioner of Taxes may, with the approval in writing of the Inspecting Joint Commissioner, determine; (b) the residual value received from the lessee in case of an asset leased by a financial institution having license from the Bangladesh Bank on termination of lease agreement on maturity or otherwise subject to the condition that such residual value plus amount realised during the currency of the lease agreement towards the cost of the asset is not less than the cost of acquisition to the lessor financial institution. 17. Fees for Technical Services [U/S 2(31)]: "fees for technical services" means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient, or consideration which would be income of the recipient classifiable under the head "Salaries"; 18. Income [U/S 2(34)]: "income" includes-- (a) any income, profits or gains, from whatever source derived, chargeable to tax under any provision of this Ordinance under any head specified in U/S 20; (b) any loss of such income, profits or gains; (c) the profits and gains of any business of insurance carried on by a mutual insurance association computed in accordance with paragraph 8 of the Fourth Schedule; (d) any sum deemed to be income, or any income accruing or arising or received, or deemed to accrue or arise or be received in Bangladesh under any provision of this Ordinance. 19. Income Year [U/S 2(35)]: "income year", in respect of any separate source of income, means: (a) the financial year immediately preceding the assessment year; or (b) where the accounts of the assesses have been made up to a date within the said . financial year and the assesses so opts, the twelve months ending on such date; or (c) in the case of a business or profession newly set up in the said financial year, the period beginning with the date of the setting up of the business or profession and - (i) ending with the said financial year; or (ii) where the accounts of the assesses have been made up to a date within the said financial year and the assesses so opts, ending on that date; or (d) in the case of a business or profession newly set up in the twelve months immediately preceding the said financial year - (i) if the accounts of the assessee have been made up to a date within the said financial year and the period from the date of the setting up of the business or profession to the first-mentioned date does not exceed twelve months, then, at the option of the assesses, such period, or (ii) if any period has been determined under sub-clause (e), then the period beginning with the date of the setting up of the business or profession and ending with the last day of that period, as the case may be; or (e) in the case of any person or class of persons or any business or profession or class of business or profession such period as may be determ;'led by the Board or by such authority as the Board may authorize in this behalf; (f) in respect of the assessee's share in the income of a firm of which the assessee is a partner and the firm has been assessed as such, the period determined as the income year for the assessment of income of the firm; (g) where in respect of a particular source of income an assessee has once been assessed or where in respect of a business or profession newly set up, an assessee has once exercised the option under sub-clause (b) or sub-clause (c) (ii) or sub clause (d) (i) then, he shall not, in respect of that source, or, as the case may be, business or profession, be entitled to vary the meaning of the expression "income year" as then applicable to him, except with the consent of the Deputy Commissioner of Taxes upon such conditions as the Deputy Commissioner of Taxes may think fit to impose. 20. Interest [U/S 2(38)]: "Interest" means interest:payable ill any manner in respect of any money borrowed or debt incurred (including a deposit, claim or other similar right or obligation) and includes any service fee or other charge in respect of the money borrowed or debt incurred or in respect of any credit facility which has not been utilized; 21. Market Value [U/S 2(40)]: "market value", in respect of agricultural produce, means: (a) where such produce is ordinarily sold in the market in its raw state or after application to it of any process employed by a cultivator to render it fit to be taken to the market, the value calculated according to the average price at which it has been sold during the year previous to that in which the income derived from such produce first becomes assessable; and (b) where such produce is not ordinarily sold in the market in its raw state, the aggregate of (i) the expenses of cultivation; (ii) the land development tax or rent paid for the lands in which it was grown; and (iii) such amount as the Deputy Commissioner of Taxes finds, having regard to the circumstances of each case, to represent a reasonable rate of profit on the sale of the produce in question as agricultural produce; 22. Non-resident [U/S 2(42)]: "non-resident" means a person who is not a resident; 23. Perquisite [U/S 2(45)]: "perquisite" means - (i) any payment made to an employee by an employer in the form of cash or in any other form excluding basic salary, festival bonus, incentive bonus not exceeding ten percent of disclosed profit of relevant income year, arrear salary, advance salary, leave encashment or leave fare assistance and overtime, and (ii) any benefit whether convertible into money or not, provided to an employee by an employer, called by whatever name, other than contribution to a recognized provident fund, approved pension fund, approved gratuity fund and approved superannuation fund; 24. Person [U/S 2(46)]: "person" includes an individual, a firm, an association of persons, a Hindu undivided family, a local authority, a company and every other artificial juridical person; 25. Profits in lieu of salary [U/S 2(50)]: "profits in lieu of salary" includes-- (a) the amount of compensation due to, or received by, an assessee from his employer at, or in connection with, the termination of, or the modification of any terms and conditions relating to, his employment; and (b) any payment due to, or received by, an assesses from a provident or other fund to the extent to which it does not consist of contributions by the assesses and the interest on such contributions; 26. Recognized Provident Fund [U/S 2(52)]: "recognizled provident fund" means a provident fund which has been, and continues to be, recognized by the Commissioner in accordance with the provisions qf Part B of the First Schedule; 27. Resident [U/S 2(55)]: "resident", in respect of any income year, means(a) an individual who has been in Bangladesh- (i) for a period of, or for periods amounting in all to, one hundred and eighty two days or more in that year; or (ii) for a period of, or periods amounting in all to, ninety 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 days or more during four years preceding that year; (b) a Hindu undivided family, firm or other association of persons, the control and management of whose affairs is situated wholly or partly in Bangladesh in that year; and (c) a Bangladeshi company or any other company the control and management of whose affairs is situated wholly in Bangladesh in that year; 28. Royalty [U/S 2(56)]: "royalty" means consideration (including any lump sum consideration but excluding any consideration which is classifiable as income of the recipient under the head "Capital gains") for -- (a) transfer of all or any rights, including the granting of a license in respect of a patent, invention, model, design, secret process or formula, or trade mark or similar property; (b) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret process or formula, or trade mark or similar property; (c) the use of any patent, invention, model, design, secret process or formula, or trade mark or similar property; (d) the imparting of any information concerning technical, industrial, commercial, or scientific knowledge, experience or skill; (e) the transfer of all or any rights, including granting of a license, in respect of any copyright, literary. artistic or scientific work, including films or video tapes for use in connection with television or tapes for use in connection with radio broadcasting, but not including consideration for sale, distribution or exhibition of cinematograph films; or (f) the rendering of any services in connection with any of the aforesaid activities; 29. Tax [U/S 2(62)]: "tax" means the income tax payable under this Ordinance and includes any additional tax, excess profit tax, penalty, interest, fee or other charges leviable or payable under this Ordinance; 30. Total income [U/S 2(65)]: "total income" means the total amount of income referred to in section 17 computed in the manner laid down in this Ordinance, and includes any income which, under any provision of this Ordinance, is to be included in the total income of an assessee; 31. Transfer [U/S 2(66)]: "transfer", in relation to a capital asset, includes the sale, exchange or relinquishment of the asset, or the extinguishment of any right therein, but does not include- (a) any transfer of the capital asset under a gift, bequest, will or an irrevocable trust; (b) any distribution of the assets of a company to its shareholders on its liquidation; and (c) any distribution of capital assets on the dissolution of a firm or other association of persons or on the partition of a Hindu undivided family; 32. Year [U/S 2(69)]: "year" means a financial year.

1.9 The Concept of Income

There is no exhaustive definition of income in the Income Tax Ordinance 1984 (Ordinance). The term income is easy to understand but difficult to define. What is taxed, as so often has been pointed out under the Income Tax Law, is nothing that is real; it is the statutory income measured in a particular way.

The object of the Ordinance is to tax Income. The term is expanded in sec. 28 and 31 into income, profits and gains; but the expansion is more a matter of words than of substance. The word income is an expression of elastic ambit and the courts when describing income have almost always qualified their description by saying that it is not exhaustive.

From various judicial decisions, the following are held to be characteristics of income:

(a) Income should be received in the form of money or moneys worth. (b) Income should be in the form of revenue nature.(c) It should arise from some definite source or a source with some sort of regularity. (d) It should be derived from a person other than the recipient. (e) Income tainted with illegality is also classified as taxable income under tax law.

Income is a more general term than profits or gains. The words income, profits and gains are used in a distinctive sense, and the word income is not limited by the words profits and gains. A receipt may be taxable as income, although it may contain no element of profits or gain. Profits or gains mean something which is in the nature of interest or fruit, as opposed to principal or tree. Gains is really equivalent to profits. The profit of a trade or business is the surplus by which the receipts from the trade or business exceed the expenditure necessary for the purpose of earning these receipts.

Section 2(34) of the Income Tax Ordinance 1984 gives a definition of Income as under:

Income Includes- a)Any income, profits and gains, from whatever source derived, chargeable to tax under any provision of the ordinance under any head specified in section 20;(b)Any loss of such income, profits or gains;(c)The profits and gains of any business of insurance carried on by a mutual insurance association computed in accordance with paragraph 8 of the Fourth Schedule;(d)Any sum deemed to be income, or any sum accruing or arising or received, in Bangladesh under any provision of the Ordinance;

But the amount of any bonus share or the amount of bonus declared to rise paid up share capital shall not be included as income of that shareholder.

To understand the true nature of income, the following two case decisions can be referred to:-

(a)Shaw Wallace & Co Case:

Income in the Ordinance connotes a periodical monetary return coming in with some sort of regularity or expected regularity from a definite source. The source need not be continuously productive, but it must be one where object is the production of a definite return, excluding anything in the nature of a mere windfall. Income is essentially the product of something which is often loosely spoken as capital. It is not correct to say that every receipt which is not a capital is assessable. On the other hand, it is only receipts that are of the nature of income receipts that are assessable.

(b)Rani Amrit Kunwar Case:

Income, in order to be taxable, need not arise from any business activity, investment of enforceable obligation to pay, but may arise from voluntary or customary payments. Nor is it necessary that it should be the result of some outlay on the part of the assessee

Therefore, for the purposes of the Income Tax Ordinance 1984, income is a periodical monetary return coming in with some sort of regularity or expected regularity from a definite source, not excluded by the Ordinance.

Total Income: Sec 2(65)

Section 2(65) defines the term total Income as follows: total income means the total amount of income referred to in section 17 computed in the manner laid down in the Ordinance, and includes any income which, under any provision of the Ordinance is to be included in the total income of an assessee.

1.10 Capital or Revenue

Difference between capital and revenue is of vital importance. Income tax is levied on income and not on capital receipts. While ascertaining the profits of a business or profession, the revenue expenditure and not the capital expenditure is deductible from the trading receipts. Courts have often observed that it may conclusively be judged that a particular receipt is a capital or a revenue receipt. Decided cases merely illustrate and not all are perfect guides.

The distinction between capital and revenue receipts is much more difficult than between capital and revenue expenditure. There are no hard and fast rules which may help in determining whether a particular receipt is a capital or a revenue receipt.

Whether a particular expenditure is incurred solely to earn profit or whether it is a capital expenditure depends in each case on the nature of business, commercial practice, the nature of the expenditure and other relative circumstances. No rigid rules can be laid down in this connection.

1.11 Tax and Income Tax :

Income tax is a tax on income. Section 2(62) of the Income Tax Ordinance 1984 defines tax as follows: "tax" means the income tax payable under the Ordinance and includes any additional tax, excess profit tax, penalty, interest, fee or other charges leviable or payable under the Ordinance." Therefore, income tax is any tax, additional tax, excess profit tax, penalty, interest, fee or other charges leviable or payable on any income or deemed income under the Ordinance.

1.12 Different Rates of Tax:

The different rates of tax for different types of assessee for the assessment year 2011-2012 are as follows:

Tax Rates for Individual, Firms, Association of Persons (AOP), Hindu Undivided Family (HUF) and Artificial Juridical Person:

(a) The limit of Total Income NOT liable to Income Tax for the Assessment year 2011-12 stands at Tk. 180,000.

Tax exempted ceiling of income for Female assessee, senior citizens at age 65 or above will be TK. 200,000 and that for handicapped/disabled persons will be Tk. 250,000 for the assessment year 2011-2012.

The comparative FIVE Tier tax rates for two assessment years are given below:

TierAssessment Year: 2010 -11Assessment Year: 2011-12

Level of IncomeSlapTax RateLevel of IncomeSlapTax Rate

1Up to TK.165,000First Tk.165,0000%Up to Tk. 180,000First Tk.180,0000%

2Tk.165,000-Tk.440,000Next Tk.275,00010%Tk. 180,001- Tk.480,000Next Tk.300,00010%

3Tk.440,000-Tk.765,000Next Tk.325,00015%Tk.480,001-Tk.880,000Next Tk.400,00015%

4Tk.765,000-Tk.1,140,000Next Tk.375,00020%Tk.880,001-1,180,000Next Tk. 300,00020%

5Above Tk.1,140,000On above25%Above Tk.1,180,000On above25%

The minimum amount of income tax is Tk. 2,000;

(b) Small and cottage industries: If the assessee is an owner of any small and cottage industry or engaged in such kind of activities in a NBR specified less developed / least developed area, he/she will be eligible to have a tax rebate on such income at following rates:ii) If production / turnover increases by more than 15% but less than 25% comparing to previous year, 5% rebate on tax applicable on such income will be allowed;iii) If production / turnover increases by more than 25% comparing to previous year, such rate of rebate will be 10%.In order to avail the above opportunities, the industries be located in the Less Developed Areas and Least Developed Areas as specified by NBR in accordance of I.T.O. 1984.

Tax Rates for Companies

Applicable tax rates for companies for the Assessment year 2010-2011 are as follows: (a)Publicly Traded Company:

(i)@ 27.5%; however, such company is eligible to claim 10% rebate on such payable tax if it declares dividends at a rate higher than 20%. if at least 10% dividend is declared and paid within 60 days of such declaration with a further rebate of 10% of Tax Payable in case of dividend of more than 20% is declared and paid within 60 days of such declaration.

(ii)@ 37.5% if declared dividend is less than 10% or the declared dividend is not paid within SEC stipulated time (60 days of such declaration).

(b)Non-Publicly Traded Companies - @ 37.5%.

(c) Bank, Insurance and Financial Institutions - @ 42.5%.

(d) Cigarette manufacturing companies - @ 42.5%.

However, the rate will be reduced to 35% if such company is publicly traded.

(d)Mobile Phone Operator Company - @ 45%.

Provided that if the mobile phone operator company turned into a publicly traded company by offering at least 10% (it must not include Pre Initial Public Offering Placement at a rate higher than 5%) of its paid up capital through stock exchanges, then the tax rate will come down to 35%.

Inter-Corporate Tax Rate (Tax Rate on Dividend) for 2011-12 assessment years

(a) Company (i) If dividend declared by a company registered under Company Act 1994 or any profit remitted outside Bangladesh by a company not incorporated in Bangladesh under Company Act 1994, the rate on such dividend or profit is 20%.(ii) 10% to 15% in relation to a non-resident company resident of a country with whom there is Double Taxation Agreement with Bangladesh.

(b) Individual

(i) Resident at a rate applicable to his total income(ii) Non-resident - @ 25%(iii) 15% if the non-resident is resident of a country with whom there is Double Taxation Agreement with Bangladesh.

Tax Rate for Non-Resident

Tax rate for non-resident (Other than Non Resident Companies and Non-Resident Bangladeshi) is maximum that is @ 25%.

Capital Gain Tax Rate (Paragraph 2 of the Second Schedule)

(a)Capital gain on Capital assets other than Shares referred to in clause (b) below:

(1) Companies: @ 15%.(2) Other assessees:

(i)Disposal within 5 years: at regular rates applicable to assessees total income including capital gains.(ii)Disposal after 5 years: at regular rates applicable to total income (including capital gains) or at 15%, whichever is lower.

(b)Capital gain on Sale of Shares:

(i)Shares of Public Listed Companies: No capital gain tax (Ref. section 32(7))(ii)Shares of Private Limited Companies: @ 10%.(iii) Gain received by Non-resident on Sale of Shares of Public Companies if the assessee is entitled to similar exemption in the country in which he is a resident.

Tax Rate on Winning referred to in Section 19(13)

As per Paragraph 3 of the Second Schedule the tax rate on winnings is the rate applicable to total assessees income (including Winnings) or 20%, whichever is lower.

1.13 Liability to tax

A. Individuals

An individual may be liable to the following taxes:

Income tax (IT), for example income from salary income from interest on securities income from house property agricultural income income from business or profession which he operates as a sole trader or as a member of a partnership firm capital gains and income from other sources

Value added tax (VAT) as the supplier of goods and services (if a sole trader) or as the final consumer of goods or services

An individual is taxed annually on his income at the rate determined with reference to the Finance Act enacted in every financial year.

B. Partnerships

A partnership is a group of persons carrying on a business together with a view to making a profit.

Each partner is liable to tax on his share of income of the partnership in an income year, but not for tax on the shares of income of the other partners.

The partners are also liable to the following taxes: Income tax of employees deducted at source Value added tax (VAT) as the supplier of goods and services or as the final consumer of goods or services

C. Companies

A company is a legal person which is legally separate from its owners (shareholders) and its managers (directors). For the purpose of income tax the meaning of company is defined under section 2(20) of Income Tax Ordinance 1984 (hereinafter referred to as the Ordinance).

A company is liable to the following taxes:

Corporation tax (CT) on its income Income tax of employees deducted at the time of payment of salaries and remuneration Value added tax (VAT) as the supplier of goods and services or as the final consumer of goods or services

A company is liable to corporation tax, the rate being determined with reference to the Finance Act enacted in every financial year.

1.14 Tax Liability on Income

The tax is payable on income earned during an income year in the following year i.e. assessment year. However, there are provisions for payment of taxes in advance during the income year, such as deduction of taxes at source (Sec 48), advance payment of tax u/s 64 etc.

Under Sec 2(35), Income year means-

a) the financial year (July to June) immediately preceding the assessment year.

b) If the accounts of an assessee (generally engaged in business or profession) have been made up to a date within the said financial year, the period ending on that date.

c) If, a business or profession is newly set up in the said financial year, the period from the starting up of business or profession to the end of the financial year or where the accounts have been made up to a date within the said financial year, the period ending on that date.

d) The Board may determine such period as income year in the case of any person or class of persons or any business or profession or class of business or professions (such as industrial units under various Sector Corporations).

e) If the assessee is a partner of a firm and the firm has been assessed as such, the period determined as the income year for the assessment of income of the firm.

f) An assessee engaged in business or profession, once adopted a period as income year cannot change the income year without the consent of the Deputy Commissioner of Taxes upon such conditions as the Deputy Commissioner of Taxes thinks fit to impose.

Normally, income year of an individual, except engaging in business or profession ends on 30th June of a year. An income year cannot exceed a period of twelve calendar months.

1.15 Some significant issues of income tax

Assessment year:

Assessment year means the year following the financial year, i.e. income year. Thus, the assessment year always begins on 1st July and ends on 30th June every year. This period is also known as the financial year. Accordingly, it is the current financial year in which income of the immediately preceding financial year (known as income year) is assessed.

As per section 2(9) of the ITO, 1984; the term "Assessment year" means the period of twelve months commencing on the first day of July every year. From the following example, we can see how to find out the assessment year:

Example 1Accounting year ends onIncome yearAssessment year

30.06.20072006- 072007- 08

30.09.20072007- 082008- 09

31.12.20072007- 082008- 09

31.03.20082007- 082008- 09

31.07.20082008- 092009- 10

Example 2Income yearAssessment year

01.01.08 to 31.12.082009 - 2010

01.03.08 to 31.12.082009 -2010

01.08.08 to 31.07.092010 - 2011

Exceptions to the rule of Assessment Year:

Generally, income is taxed in the subsequent year to the income year. But, in certain cases, to protect the interests of revenue, the income is taxed in the year of earning itself. Thus, in those cases the assessment year and the income year are the same. The exceptions to the normal rule of assessment year are discussed as under: (a) Income of discontinued business [Section 89(2)]: Where any business or profession is discontinued in any assessment year, the income of the period from the expiry of the last income year upto the date of such discontinuance may be charged to tax in that assessment year. (b) Persons leaving Bangladesh [Section 9H2)(b)]: When it appears to the Assessing Officer that an individual may leave Bangladesh and has no intention to return, the total income of such individual for the period from the expiry of the income year in relation to the current assessment year upto the probable date of his departure from Bangladesh is chargeable to tax in current assessment year itself. (c) Income of non-resident shipping companies [Section 102(2)]: Section 102(2) of the ITO, 1984, provides for the taxation of income of non-resident shipping companies in the year in which they earn their income in Bangladesh, provided that such companies do not have any representative here.

Worked Example -1.1

An assessee closes its annual accounts consistently on 30th June. His assessment for the accounting year ended 30th June 2010 was completed. The assessee has decided to change its account closing date on 31st December from the next year. Determine the date when should the assessee close its next year end accounts.

Solution

Upon taking approval from the Deputy Commissioner of Taxes, the assessee can close its next annual accounts for six months period on 31st December 2010 and the income arising therefrom would be assessed in the assessment year 2011-12.

Worked Example -1.2

An assessee regularly closes its annual accounts on 31st December and his last assessment for the assessment year 2011-12, corresponding to the accounting year ended 31st December, 2010 was completed. The assessee has decided to change its next annual accounts on 30th June. Determine the date when should this assessee close its next annual accounts.

Solution

Here the assessee would not be allowed to close its next annual accounts on 30th June 2011. Because assessment of income arising therefrom becomes assessable in the assessment year 2011-12 when assessment for this assessment year had already been completed based on the accounts ended 31st December 2010. As such he would be required to close next annual accounts on 30th June 2011, which would comprise a period of eighteen months.

Worked Example 1.3

Can an assessee change its annual accounts closing date? If so, under what conditions?

IndividualCompanyFirmLocal AuthorityArtificial Judicial PersonAssociation of PersonHindu Undivided FamilyNon-resident BangladeshiNon-resident ForeignerResident Non-resident On the basis of PersonOn the basis of Residential StatusAssesseeSolution

An assessee is allowed to change its annual accounts closing date upon taking approval from the Deputy Commissioner of Taxes and on such conditions as the Deputy Commissioner of Taxes thinks fit to impose. As for example, if due to change of accounting year, the assessees tax burden is reduced the Deputy Commissioner of Taxes is entitled to charge tax at a higher rate applicable for the assessment year had no change in closing date of accounts occurred.

Different classes of assessee:

As per ITO, 1984, assessee is a person who is liable to pay any sum under the Income Tax Ordinance, 1984 or in respect of whom the proceedings have been under this Ordinance. The below diagram depicts the different classes of assessee:

Residential status of an assessee:

Section 2(55) defines the term resident as follows:- Resident, in respect of any income year, means-(a) an individual who has been in Bangladesh-(i)for a period of, or for periods amounting in all to, one hundred and eighty-two days or more in that year; or(ii)for a period of, or for periods amounting in all to ninety days or more in that year having previously been in Bangladesh for a period of, or for periods amounting in all to three hundred and sixty-five days or more during four years preceding that year;(b)a Hindu un-dividend family, firm or other association of persons, the control and management of whose affairs is situated wholly or partly in Bangladesh in that year; and

(c)a Bangladeshi company or any other company the control and management of whose affairs is situated wholly in Bangladesh in that year;

and, under section 2(42), non-resident means a person who is not a resident.It is important to note here that the concept of resident as defined in the Income Tax Ordinance has nothing to do with the nationality of a particular individual. A foreign national may be treated as Resident for a particular year if he or she fulfils the legal requirements as above, where as a Bangladeshi national may be treated as a Non-resident if he, or she does not fulfill the said requirements. To test residential status of an individual, the following flow chart will be helpful:

An individual stays in Bangladesh for -182 days or more of an income year?ResidentYes90 days or more of an income year?NoYes365 days or more during 4 immediate preceding years?YesNoNoNon-residentIs the assessee is Bangladeshi citizen?Non resident Bangladeshi (NRB)Non resident Foreigner (NRF)YesNo

Taxation implication of resident or non-resident

Determination of residential status of an assessee has a significance bearing on the tax liability as incidence of income tax varies according to the residential status of an assessee. In this regard we can consider the following issues:

I. To determine the amount of total income: Determination of total income is different for residents and non-residents. A resident considers global income as his total income but a non-resident does not consider income from other countries in his total income.

II. To determine minimum limit of taxable income: A resident and non-resident Bangladeshi has to pay tax if his total taxable income is more than Tk. 1,65,000 as per the Ordinance (in case of women, elderly citizens being more than 65 years old, the limit is Tk. 1,80,000 and disable persons the limit is Tk. 2,00,0000). But for a non-resident foreigner such minimum limit is not applicable.

III. Tax rate: For a resident an non-resident Bangladeshi tax is calculated using the rates applicable for various levels of income. Such as, for first Tk. 1,65,000 @ 0% , for next Tk. 2,75,000 @ 10%. But a non-resident foreigner has to pay tax at maximum rate i.e. @ 25%.

IV. Income tax rebate: A resident and non-resident Bangladeshi assessee gets income tax rebate on investment allowance and on tax exempted income from gross tax liability. But, for a non-resident foreigner no tax rebate is applicable.

V. Tax liability: The average tax rate applicable for a resident and non-resident Bangladeshi is less than that of a non-resident foreigner since tax is calculated using different lower tax rates (such as 10%, 15%, 20% & 25%). But a non-resident foreigner has to pay tax at maximum rate i.e. @ 25%.

Thus, determination of residential status of an assessee has a significant bearing on the tax liability as total income, taxable income and tax rate are found to vary according to the residential status of an assessee.

Impacts of residential status in assessing income:

Determination of residential status of an assessee has a significant bearing on the tax liability as incidence of income tax varies according to the residential status of an assessee as per Section 17 of the ITO, 1984. Therefore, the scope of total income varies according to the residential status of an assessee. These provisions may be summarized as under:

Particulars of incomeTo be taxed or not

ResidentNon-resident

Income received or deemed to be received in Bangladesh TaxableTaxable

Income accrued or arose or deemed to accrue or arise in BangladeshTaxableTaxable

Income accrued or arose outside Bangladesh TaxableNon-taxable

Worked Example 1.4

Mr. Uzzal, an Indian citizen, stayed in Bangladesh from 1st August, 2009 to 31st December, 2009 and left for London. What will be his residential status in the income year 2009-10?

Solution

Mr. Uzzal is a non-resident since his stay in Bangladesh during income year 2009-10 is [31 +30+31 +30+31] = 153 days which is less than required 182 days.

Worked Example 1.5

Mr. Arif, a Bangladeshi citizen, stayed in Bangladesh from 1" July, 2009 to 31st December, 2009 and left for Japan. What will be his residential status in the income year 2009-10?

Solution

Mr. Arif is a resident since his stay in Bangladesh during 2009-10 is [31+31+30+31+30+31] = 184 days which is more than required 182 days. .

Worked Example 1.6

Mr. Akash stayed in Bangladesh from 1" September, 2009 to 31st January, 2010 and left for Trinidad. He came back on 1" May 2010 and still staying in Bangladesh. What will be his residential status in the income year 2009-10?

Solution

Mr. Akash is a resident since his stay in Bangladesh during 2009 [30+31+30+31+31] = 153 days and in 2010 from 1st May to 30th June [31+30] = 61 days. In total he stayed for [153+61] =214 days in the income year 2009-10 which is more than required 182 days.

Worked Example 1.7

Mr. Rakesh Jason, a citizen of USA, has been staying in Bangladesh since 1st January, 2006. He leaves Bangladesh on 16 July, 2009 on a visit to USA and returns on 1st March, 2010. What will be his residential status in the income year 2009-10?

Solution

His stay in Bangladesh during the income year 2009-10 is: July, 2009 18 March, 2010 31 April, 2010 30 May, 2010 31 June, 2010 30Total staying 140days

His stay in proceeding 4 income years:2008-09 3652007-08 3662006-07 3652005-06 181 [From 1st January, 2006 to 30th June, 2006]1,277 days

As his stay was more than 90 days in the income year 2009-10 and more than 365 days in the preceding 4 years, he is a resident.

Worked Example 1.8

Mr. Juris Reinhards, a British citizen has been coming to Bangladesh for 100 days every year since 2005-06: (a) Determine his residential status for the income year 2010-11. (b) Will your answer be different if he has been coming to Bangladesh for 90 days instead of 100 days every year?

Solution

(a) He is a resident as he stayed in Bangladesh for 100 days (more than required 90 days) in the income year 2010-11 and 400 days (100 x 4) (more than required 365 days) in the preceding 4 income years i.e. 2006-07, 2007-08, 2008-09, 2009-10. (b) Yes. He will, in this case, be a non-resident as he stayed in Bangladesh for 90 days (equal to required 90 days) in the income year 2010-11 but 360 days (90 x 4) (less than required 365 days) in the preceding 4 income years i.e. 2006-07, 2007-08, 2008-09, 2009-10. He doesn't fulfill any of the required conditions.

Worked Example 1.9

Mr. Jashim Uddin was outside Bangladesh from 20th August, 2008 for an employment contract valid for two years, i.e. from 1st August, 2008 to 31st July, 2010. Mr. Uddin did not come to Bangladesh at any time during the year 2008 and 2009. He finally came to Bangladesh on 10th January, 2010 and did not go back. Determine his residential status for the income year 2009-10.

Solution Total number of days Mr. Uddin stayed in Bangladesh during respective years: 2009-10 (From 10th January, 2010 to 30th June, 2010): [22+28+31+30+31+30) = 172 days. 2008-09 (From 1st July, 2008 to 20th August, 2008): [31 +20) = 51 days. 2007-08 (From 1st July, 2007 to 30th June, 2008) = 365 days 2006-07 (From 1st July, 2006 to 30th J line, 2007) = 365 days 2005-06 (From 1st July, 2005 to 30th June, 2006) = 365 days Mr. Uddin is a resident since he fulfills the second condition. His stay in Bangladesh during the income year 2009-10 is 172 days which is more than required 90 days in that year, and [51 +365+365+365); 1,146 days during previous four years which is more than required 365 days.

Worked Example 1.10

Mr. Jayed provides the following particulars of his stay in Bangladesh over a period of last five years:

YearDays

2005-0640

2006-0755

2007-08182

2008-09200

2009-1094

2010-11110

a)Determine his residential status for the income year 2010-11. b)What will happen if he stays for 85 days in the year 2010-11? c)What will happen if he stays for 80 days in the year 2008-09? d)What will happen if he stays for 185 days in the year 2010-11 and total 360 days during last four years? Solution a)Mr. Jayed is a resident since he fulfills the second condition. His stay in Bangladesh during income year 2010-11 is 110 days which is more than required 90 days in that year, and [55+182+200+94] = 531 days during previous four years which is more than required 365 days. b)Mr. Jayed would be a non-resident since he doesn't fulfill the second condition. His stay in Bangladesh during income year 2010-11 is 85 days which is less than required 90 days in that year, although he stayed [55+182+200+94] = 531 days during previous four years which is more than required 365 days. c)Mr. Jayed is a resident since he fulfills the second condition. His stay in Bangladesh during income year 2010-11 is 110 days which is more than required 90 days in that year, but his total stay during previous four years is 411 days [55+182+80+94] which is more than the required 365 days. d)Mr. Jayed would be a resident since he fulfills the first condition. His stay in Bangladesh during income year 2010-11 is 185 days which is more than required 182 days of the first condition. In such a case, it is not important to know regarding his stay during four preceding years.

Worked Example 1.11

Dr. Hannan Sarker works as a professor in a university in Australia. He left Bangladesh in 1996. After 7 years of that, he first visited Bangladesh in the year 2003. After wards he visited Bangladesh every year to see his parents. The following table is providing the information about the time period he stayed in Bangladesh in different years from 2003 to 2010. Determine his residential status during these income years:

Year2003-042004-052005-062006-072007-082008-092009-10

Date of entrance

16.09.0312.10.0411.02.0609.12.0601.07.0728.12.0815.07.09

Date of exit28.03.0419.03.0514.03.0601.03.0728.09.0728.06.0912.03.10

Solution

Year2003-042004-0