Presentation on major changes in Income Tax Act 2023 Anil Salam Idris & Co Chartered Accountants Wednesday, July 12, 2023 AGENDA Introductory speech Key Highlights of Budget 2023 Changes in major definition Changes in Income Tax- Personal Changes in Income Tax- Corporates and others Changes in TDS Q&A Partner’s Introduction Anil Salam Idris & Co Chartered Accountants Partners’ Details Md. Abdus Salam FCA Md. Anwar Hossain FCA Md. Sarwar Hossain FCA SM Tauhidul Islam FCA Md. Kamruzzaman FCA Senior & Founding Partner asischittagong@gmail.com +8801622304103 Managing Partner Partner Partner Partner anwar@asico.com.bd +8801552346379 sarwar@asico.com.bd +8801730022146 Tauhidul@asico.com.bd +8801679587915 zaman@asico.com.bd +8801701226899 Anil Salam Idris & Co Chartered Accountants Key Highlights of Budget Highlights of National Budget FY 2023-2024 (1) Budget- Sources of funds 20% 13% The proposed budget for the fiscal year (FY) 202324 is BDT 761,785 crore (FY 2022-23: BDT 660,507 crore: 15.34 % growth). 57% 7% 3% NBR Collected Non-NBR Tax Non Tax Receipts Foreign Loan Domestic Borrowing 430,000 20,000 50,000 261,785 NBR collected Non-NBR Tax Non Tax Receipts Budget deficit Last year revised NBR Tax 370,000 Last Year non-NBR Tax 18,000 Last Year Non- Tax receipts 45,000 Last Year Budget deficit 227,507 Anil Salam Idris & Co Chartered Accountants Highlights of National Budget FY 2023-2024 (2) The National Board of Revenue (NBR) has set the revenue collection target for fiscal year 2022-23 at Tk 3,70,000 crore and 2023-24 at Tk. 430,000 Income Tax VAT Custom Duty Last Year 1,22,000 crore which is 33% of total revenue collection. 136,900 crore which is 37% of total revenue collection. 111,000 crore which is 30% of total revenue collection. This Year 153,260 crore which is 36% of total revenue collection. 163,837 crore which is 38% of total revenue collection. 112,903 crore which is 26% of total revenue collection. Anil Salam Idris & Co Chartered Accountants Highlights of National Budget FY 2023-2024 (3) Proposed budget compared with Last year 780,000 760,000 740,000 720,000 700,000 680,000 660,000 640,000 620,000 600,000 Proposed budget 2022-2023 2023-2024 GDP Growth compared with last year Inflation compared with Last year 8.00% 8.00% 7.00% 7.00% 6.00% 6.00% 5.00% 5.00% 4.00% 4.00% 3.00% 3.00% 2.00% 2.00% 1.00% 1.00% 0.00% 0.00% GDP Growth 2022-2023 2023-2024 Inflation Rate 2022-2023 2023-2024 The estimated GDP growth rate is 7.5% and the inflation rate is projected to be 6% for FY 2023-24 (FY 2022-23: GDP growth 6.03% and inflation rate was 7.5%). Anil Salam Idris & Co Chartered Accountants Tax Law New Income Tax Act 2023 has been approved at Parliament on 18 June 2023 Earlier New Income Tax Ordinance 1984 Income Tax Act 2023 187 Sections 345 sections Anil Salam Idris & Co Chartered Accountants Changes in Definition Tax Day 2(23) No change The day when tax return submission is due Return Other than company Company Person not submitted tax return before at all Natural person staying outside Earlier Now 30 November Same 15th day of seventh month after end of Income Year or if 15th day of seventh month if before 15th September, it will be 15th September Same 30th June after end of Income Year Same Within 90 days from the date of arrival Same Anil Salam Idris & Co Chartered Accountants Resident 2(45) Change A person shall be considered resident for tax purpose if, he or she Assesse Individual Earlier More than 182 days in a income year or 90days in income year and 365 days in last four preceding years Company HUF, Firm, AOP Trust, Fund, Artificial Judicial Person Now Minimum 183 days or more or 90days in income year and 365 days in last four preceding years Same Management and Control of full affairs in Bangladesh Same Same Anil Salam Idris & Co Chartered Accountants Income from Employment Change Few items are excluded formally from the definition of Salary Inclusion • Income earned from employee share schemes • Any amount/ benefit received from any previous/ future employer Exclusion: • Conveyance travelling and daily allowance received and incurred for the performance of official duty • Any payment to employees (excluding shareholder Director) for medical expenditures for Heart, Kidney, Eye, Liver, Cancer Anil Salam Idris & Co Chartered Accountants Perquisites 2(55) and 32 Change Perquisites shall mean any payments or benefits including Incentives bonus by employers to employees except Earlier Now • Basic salary, festival bonus, incentive • Basic salary, festival bonus, incentive bonus, arrear salary, advance salary, bonus, arrear salary, advance salary, leave encashment or leave fare leave encashment or leave fare assistance and overtime, assistance and overtime, and • Recognized provident fund, approved pension fund, approved gratuity fund and approved superannuation fund • Recognized provident fund, approved pension fund, approved gratuity fund and approved superannuation fund Anil Salam Idris & Co Chartered Accountants Bank Transfer 2(72) Change Bank Transfer includes Earlier Now • Transfer of money by crossed • Transfer of money by crossed cheque cheque or • Mobile financial services (MFS) or • Mobile financial services (MFS) • any other digital means approved by • Bangladesh Bank approved mode of the Bangladesh Bank; payment • Govt payments through Challan (Even cash deposit) Anil Salam Idris & Co Chartered Accountants Securities 2(87) New Securities includes Earlier No specific definition was there Now a) Securities issued by Govt including Treasury Bill, T-bill, Bond, Sanchayapatra, Debenture, SUKUK, Shariah based securities or similar instruments b) Share, stock, instruments, bond, debenture, derivatives, mutual fund, AIF issued through mortgage, charge or hypothecation, Unit fund, Sukuk or shariah based Instruments, Warrant or right to buy. Anil Salam Idris & Co Chartered Accountants Changes in Personal Tax Personal income: Individual/Firm tax rates (1/3) Tax Payer For Bangladeshi individuals, resident foreigners, and firms Income Slabs New Slab Tax Rate Up to BDT. 300,000 Up to BDT. 350,000 - Next BDT. 100,000 Next BDT. 100,000 5% Next BDT. 300,000 Next BDT. 300,000 10% Next BDT. 400,000 Next BDT. 400,000 15% Next BDT. 500,000 Next BDT. 500,000 20% On balance On balance 25% Change For non-resident foreigner, flat tax rate of 30% Anil Salam Idris & Co Chartered Accountants Personal income: Individual/Firm tax rates (2/3) Tax Payer General – Individuals & Firms Women and senior citizens (65+) Physically challenged persons War-wounded gazetted freedom fighters Persons of Third Gender Earlier New Exempted Limit Exempted Limit BDT 300,000 BDT 350,000 BDT 350,000 BDT 400,000 BDT 450,000 BDT 475,000 BDT 475,000 BDT 500,000 BDT 350,000 BDT 475,000 For parents or legal guardians of physically challenged persons, the Nil Tax Limit would be increased by BDT 50,000. Anil Salam Idris & Co Chartered Accountants Personal income: Individual/Firm tax rates (3/3) Description of Area of Taxpayer’s Residence Existing Minimum New Minimum Tax Tax (BDT) (BDT) Dhaka North City Corporation, Dhaka South City Corporation and Chattogram City Corporation 5,000 5,000 Any other City Corporation 4,000 4,000 Any area other than City Corporation 3,000 3,000 Removed Minimum tax shall be BDT 2,000 for those who are required to file tax return under section 75 but total income of those persons are not exceeded tax exempted income Anil Salam Idris & Co Chartered Accountants Personal income: Changes in Tax exemption Earlier Tax exemptions of maximum Tk. 450,000 in different components like: House rent allowance (up to 3 lac), Conveyance (up to 30,000) & Medical allowance (up to Tk. 120,000). New New Tax exemption one-third of Income or Tk. 450,000 whichever is lower Anil Salam Idris & Co Chartered Accountants Income earned as share schemes 34 Issues share to its employees or employees of its associated company or issues share to a Trust to transferring to its employees or employees of its associated company Earlier Not included in the law specifically What about unlisted shares New New Shares received under employee shares schemes Income = FMV of share on date of receipt-acquisition cost or Income =Sale value- price paid for right to acquire share Anil Salam Idris & Co Chartered Accountants Determination of value of perquisites, allowances, benefits (Sec 33) Change Accommodation facility provided to employees Earlier Rent free Rental value of accommodation accommodation or 25% of basic salary whichever is lower At (Rental value of accommodation Concessionary or 25% of basic salary whichever rent is lower) less rent actually paid by employees Now Annual value of the accommodation shall considered as income. Annual value less rent paid by employees shall be considered as income Anil Salam Idris & Co Chartered Accountants Determination of value of perquisites, allowances, benefits (Sec 33) Change Vehicle facility provided to employees Earlier Vehicle for Private or personal use 5% of basic Salary or Tk. 60,000 whichever is higher shall be added with Income Now Tk.10,000 per month if the vehicle is less than 2,500CC Tk. 25,000 per month if the vehicle is more than 2,500CC shall be added with Income Anil Salam Idris & Co Chartered Accountants Personal Income: Surcharge on Tax Liability Earlier Net worth No Change Tax Rate Net worth (New) Change - Up to BDT 30m Up to BDT 40m More than BDT 30m but less than BDT 100m or Or more than 1 car or House over 8,000 sq. ft. More than BDT 40m but less than BDT 100m or Or more than 1 car or House over 8,000 sq. ft. Change 10% More than BDT 100m but less than BDT 200m More than BDT 100m but less than BDT 200m 20% More than BDT 200m but less than BDT 500m More than BDT 200m but less than BDT 500m 30% More than BDT 500m More than BDT 500m 35% 10% surcharge on tax payable Minimum surcharge, irrespective of Net Worth, for owning more than one motor vehicle or housing property in any of the City Corporation Areas of more than 8000 Sq ft. in dimension 2.5% surcharge on income for cigarette and tobacco manufacturers Anil Salam Idris & Co Chartered Accountants Personal Income: Carbon Surcharge • Conditions • Net worth New Rate Upto 1500CC or 75KW each motor car 25,000 Over 1500CC or 75KW motor car but not over 2000CC or 100KW each motor car 50,000 Over 2000CC or 100KW motor car but not over 2500CC or 125KW each motor car 75,000 Over 2500CC or 125KW motor car but not over 3000CC or 150KW each motor car 150,000 Over 3000CC or 150KW motor car but not over 3500CC or 175KW each motor car 200,000 Over 3500CC or 175KW motor car 350,000 In case of more than one vehicle, surcharge will be exempted on the vehicle with the lowest applicable surcharge It will be collected at the time of registration or renewal of fitness • • New Motor vehicle includes any vehicles except Bus, minibus, Coater, Prime Mover, Truck, Lory, Tang Lory, Pick-up, Human Holler, Auto Rickshaw and Motor Cycle Carbon tax are not adjustable with other tax or surcharge nor refundable Anil Salam Idris & Co Chartered Accountants Personal income: Investments Part 3 (6th Sc) Earlier Sectors/Area DPS Govt securities Unit/mutual fund New Now Limit 60,000 Any amount Any amount New Limit 120,000 500,000 500,000 *Securities includes Sanchaypatra, Debenture etc Anil Salam Idris & Co Chartered Accountants Personal income: Investment Rebate u/s 78 New Earlier 15% rebate will be availed on eligible amount. 20% of total taxable income or Actual investment cost as per Para 15 and 16 of Sixth Schedule or Tk. 1 core whichever is lower will be treated as Eligible Amount. Now 3% of total taxable income or 15% of total investment cost as per Part 3 of Sixth Schedule or Tk. 10 Lakh whichever is lower will be treated as investment rebate Anil Salam Idris & Co Chartered Accountants Travel Tax (1/2) Change Individuals travelling inside or outside Bangladesh will now be subjected to travel tax Travel Type Tax (BDT) North and South America, Europe, Africa, Australia, New Zealand, China, Japan, Hong Kong, North Korea, Vietnam, Laos and Cambodia, Taiwan by air 6,000 Any countries under SAARC by air 2,000 Any other countries by air 4,000 Inside Bangladesh by air 200 Any country by road 1,000 Any country by water 1,000 Anil Salam Idris & Co Chartered Accountants Travel Tax (2/2) New Exemption from travel tax: • Children under the age of 12 years are proposed to be subject to travel tax at half the standard rate. Following individuals are proposed to be fully exempted: • Children under the age of 5 years • Individuals travelling to Saudi Arabia to perform the Holy Hajj. • Individuals who are blind, cancer patient or disabled and requires a stretcher. • UN workers and their family members. • Diplomats residing in Bangladesh in diplomatic missions and their family members. • Employees of World Bank, German Vocational Organization and Japan International • Development Organization residing in Bangladesh and their family members. • Flight crew members. • Travelers in transit and without Bangladeshi VISA staying in Bangladesh for less than 72 hours. • Employee of any airline who is a Bangladeshi citizen and travels outside the country for reduced or waived plane fare. Anil Salam Idris & Co Chartered Accountants Integration of Income U/S 31 New 1. Notwithstanding anything content in this act following income will be included in individual’s total income- Namely a. If an individual being a partner of a firm or a member of a private association, his/her share on total income of that firm or association. b) Income from Spouse/minor children, If • The said spouse or minor child dependent on that individual; or • The individual has reasonable control over such income; or • He is willing to do similar mergers. However, this provision shall not apply if the said spouse/minor child is assessed separately. Anil Salam Idris & Co Chartered Accountants Statement of Asset and Liabilities (167) Change Submission of Assets and Liabilities Statement: Earlier • Gross wealth is over Tk. 40lac • Own any asset abroad at any time in the income year • Becomes shareholder director of a company Now • Gross wealth is over Tk. 40lac • Own any asset abroad at any time in the income year • Travel abroad personally other than for medical or religious purpose in the income year • Becomes shareholder director of a company Anil Salam Idris & Co Chartered Accountants Life style statement (168) Change Statement of expenses relating to the life style: Earlier Now • Total income exceeds Tk 4 lakh • Owns a motor car in the income year • Having income from business • Investment in a house property or an apartment in the city corporation area • Total income exceeds Tk 5 lakh • Owns a motor car in the income year • Having income from business • Investment in a house property or an apartment in the city corporation area Anil Salam Idris & Co Chartered Accountants Proof of submission of Return (264) A person shall be required to furnish a proof of submission of return Earlier 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Change Now applying for a loan exceeding Taka five lakh/ (Taka Twenty Lakh) from a bank or a financial institution; becoming a director or a sponsor shareholder of a company; obtaining or continuing an import registration certificate or export registration certificate; obtaining or renewal of a trade license in the area of a city corporation or paurashava; obtaining registration of co-operative society; obtaining or renewal of license or enlistment as a surveyor of general insurance; obtaining registration, by a resident, of the deed of transfer, baynanama or power of attorney or selling of a land, building or an apartment situated within a city corporation or a paurashava of a district headquarter or cantonment board, where the deed value exceeds Taka ten lakh; obtaining or maintaining a credit card; obtaining or continuing the membership of the professional body as a doctor, dentist, lawyer, chartered accountant, cost and management accountant, engineer, architect or surveyor or any other similar profession; obtaining and retaining a license as a Nikah Registrar under the Muslim Marriages and Divorces (Registration) Act. 1974 (LII of 1974); obtaining or continuing the membership of any trade or professional body; obtaining or renewal of a drug license, a fire license, environment clearance certificate, BSTI licenses and clearance; Anil Salam Idris & Co Chartered Accountants Proof of submission of Return (264) A person shall be required to furnish a proof of submission of return Earlier Change Now 13. obtaining or continuing commercial and industrial connection of gas in any area and obtaining or continuing residential connection of gas in city corporation area; 14. obtaining or continuing a survey certificate of any water vessel including launch, steamer, fishing trawler, cargo, coaster and dumb barge etc., plying for hire; 15. obtaining the permission or the renewal of permission for the manufacture of bricks by Deputy Commissioner's office in a district or Directorate of Environment, as the case may be; 16. obtaining the admission of a child or a dependent in an English medium school providing education under international curriculum or english version of national curriculum, situated in any city corporation, district headquarter or paurashava; 17. obtaining or continuing the connection of electricity in a city corporation or cantonment board; 18. obtaining or continuing the agency or the distributorship of a company; 19. Obtaining or continuing a license for arms; 20. Opening a letter of credit for the purpose of import; 21. Opening postal savings accounts of Taka exceeding five lakhs; 22. Opening and continuing bank accounts of any sorts with credit balance exceeding Taka ten lakhs; 23. purchasing savings instruments (Sanchayapatra) of Taka exceeding five lakhs; 24. participating in any election in upazilla, paurashava, zilla parishad, city corporation or Jatiya Sangsad; 25. participating in a shared economic activities by providing motor vehicle, space, accommodation or any other assets. 26. receiving any payment which is an income of the payee classifiable under the head "Salaries" by any person employed in the management or administrative function or in any supervisory position in the production function; Anil Salam Idris & Co Chartered Accountants Proof of submission of Return (264) A person shall be required to furnish a proof of submission of return Earlier Change Now 27. receiving any payment which is an income of the payee classifiable under the head "Salaries" by an employee of the government or an authority, corporation, body or units of the government formed by any law, order or instrument being in force, if the employee, at any time in the income year, draws a basic salary of taka sixteen thousand or more; 28. receiving any commission, fee or other sum in relation to money transfer through mobile banking or other electronic means or in relation to the recharge of mobile phone account; 29. receiving any payment by a resident from a company on account of any advisory or consultancy service, catering service, event management service, supply of manpower or providing security service; 30. receiving any amount from the Government under the Monthly Payment Order (MPO) if the amount of payment exceeds taka sixteen thousand per month; 31. registration or renewal of agency certificate of an insurance company; 32. registration, change of ownership or renewal of fitness of a motor vehicle of any types excluding two and three wheeler; 33. releasing overseas grants to a non-government organisation registered with NGO Affairs Bureau or to a Micro Credit Organisation having licence with Micro Credit Regulatory Authority; 34. selling of any goods or services by any digital platforms to consumers in Bangladesh. 35. submitting application for the membership of a club registered 36. submitting tender documents by a resident for the purpose of supply of goods, execution of a contract or rendering a service; 37. submitting a bill of entry for import into or export from Bangladesh; 38. submitting plan for construction of building for the purpose of obtaining approval from Rajuk, CDA, KDA and RDA or other concerned authority in any city corporation or paurashava; Anil Salam Idris & Co Chartered Accountants e-TIN Cancellation (262) Application for cancellation of registration of Taxpayer: Earlier • It was not formally mentioned in the law Before Cancelation, Tax authority will make Sure: • Tax payer does not have any outstanding dues • There is no pending assessment against him • There is no unresolved by the tax dispute at any forum Change Now • • • • • • • • • • Who is not obligated to submit PSR and is not defined as taxpayer u/s 2 (22) having no taxable income for last 3 consecutive years is not required to submit return u/s 166 (those who needs to file tax return) having taxable income nil in the future due to physical incapacity or any other reasons. Ceased to exist due to death ,dissolution or any such reason Leaving Bangladesh permanently and won't be engaged in any earning activities in Bangladesh Obtained duplicate or wrong registration Changing legal status Showing any other legal reasons Anil Salam Idris & Co Chartered Accountants Changes in Corporate and Others Taxes Corporate tax No Change Allowable limit of perquisite Earlier Now 1m BDT 1m BDT Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain circumstances U/S 55 Change Inadmissible Expense ▪ ▪ ▪ ▪ Royalty License Technical Service Fee, Any other costs incurred for the use of intangibles Earlier For the first 3 years: 10% of the net profit from business of profession. Now 10% of the net profit from business of profession. For subsequent income years: 8% of the of the profit from business or profession Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain Change circumstances U/S 55 Inadmissible Expense Earlier Now Salary expenses Maximum 20k can be paid in cash No cash payment. Full amount will be disallowed Any liabilities which is not clearly and properly calculated Allowed but added back if not cleared within 3 years end of 1st assessment year Disallowed Fully allowed Maximum 5% of disclosed profit Was not mentioned in law sometimes allowed Fully disallowed WPPF Accounts not maintained as per law and all expenditures with no proof Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain No circumstances U/S 55 change Inadmissible Expense Earlier Now Tax has not been deducted at source Disallowed Disallowed Fails to obtain the eTIN Failed to submit statement under section 108A Payment of salary, remuneration, interest or commission to any partner Disallowed Disallowed Disallowed Disallowed Disallowed Disallowed Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain No circumstances U/S 55 change Inadmissible Expense Earlier Now Payment of brokerage or commission without deduction of tax at source Disallowed Disallowed Payment to employees’ provident fund or other funds unless effective arrangement has been made for deduction of tax at source Disallowed Disallowed Expenditure on foreign travels of employees and their dependents, spouse and minor children (including step and adopted children) for holidaying and recreation exceeding 3 months basic salary or 3/4th of actual expenditure whichever is less Disallowed Disallowed Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain No circumstances U/S 55 change Inadmissible Expense x. Earlier Now Distribution of free sample exceeding the following limit [sec. 30(f)(iv) + Rule 65C]: Assessed turnover Up to Tk. 5 crore Exceeding Tk. 5 crore, but up to Tk. 10 crore Exceeding Tk. 10 crore Pharmaceutic al industry 2% 1% % of turnover Food, cosmetics and toiletries 1% 0.5% 0.50% 0.25% Other industry 0.50% 0.25% 0.10% Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain No circumstances U/S 55 change Inadmissible Expense Earlier Now xi. Entertainment expenditure exceeding the following limits [sec. 30(f)(i) + Rule 65]: Assessed income On 1st Tk. 10 lac On the remaining income Limit 4% 2% Anil Salam Idris & Co Chartered Accountants Deduction limit for interest New Earlier No such ceiling was there Now Special ceiling for allowance of interest: • Interest paid by a resident to an associated enterprise will be allowed to the extent and calculated having regards to arm’s length Price (ALP) • ALP is not applicable for the interest expenses not exceeding TK 15 Lakh Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain Change circumstances U/S 55 Inadmissible Expense any payment exceeding Taka five lakhs paid by a person on account of purchase of raw materials otherwise than by bank transfer Incentive bonus exceeding 10% of disclosed net profit Overseas traveling exceeding 0.50% of disclosed Business turnover. Any commission/discount paid by any company to its shareholder director Promotional Expenses on disclosed business Turnover Earlier Now 5lac 5lac 10% Removed 0.5% 0.5% Disallowed Disallowed 0.5% 0.5% Anil Salam Idris & Co Chartered Accountants Deduction not admissible in certain No circumstances U/S 55 Change Inadmissible Expense Earlier Now House rent payment any amount Disallowed Disallowed Any other payment over 50k except salary, payment raw, rent Disallowed Disallowed Not mentioned Disallowed Not mentioned in section 30 Disallowed Accounts not prepared as per IFRS Not mentioned Disallowed Impairment loss Not mentioned Disallowed Disallowed Disallowed Fail to submit tax return Capital expenditure Payment to unapproved funds Anil Salam Idris & Co Chartered Accountants Corporate tax New Employment of Non-resident without approval from authority Earlier No penalty Now Penalty of 50% of Tax Payable or 5lac Tk whichever is higher Anil Salam Idris & Co Chartered Accountants Corporate tax No change Difference in actual value and declared price in import, export or investment Earlier Now Penalty shall be Penalty shall be 50% tax 50% tax on such difference on such difference Anil Salam Idris & Co Chartered Accountants Undisclosed offshore assets Change Any cash or cash equivalents, bank deposits, bank notes, bank accounts, convertible securities and financial instruments if repatriated to Bangladesh through banking channel Earlier Now 7%, no question as to the sources Facility has been withdrawn Anil Salam Idris & Co Chartered Accountants Any offshore asset not disclosed in the return Any person being a resident Bangladeshi is found to be the owner of any offshore asset not disclosed in the return and the assessee offers no explanation Earlier Now Penalty equal to Fair value of such offshore Penalty equal to Fair value of such offshore No change Anil Salam Idris & Co Chartered Accountants Charge of tax on retained earnings, reserves, surplus The total amount transferred to retained earnings or any fund, reserve or surplus by a company and listed to any stock exchange exceeds 70% of the No change net income after tax, tax shall be payable, Earlier Now 10% 10% Anil Salam Idris & Co Chartered Accountants Charge of tax on stock dividend The amount of stock dividend declared or distributed exceeds the amount of cash dividend declared or distributed or without declaration or distribution ofNo change any cash divided by a company and listed to any stock exchange, Earlier Now 10% 10% Anil Salam Idris & Co Chartered Accountants Corporate tax: Tax Rates (1/2) No Change Nature of companies/Assesse Existing Publicly traded company that issues shares worth more than 10 percent of its paid-up capital 20%/22.50%* through Initial Public Offering (IPO) Publicly traded company that issues shares worth ten percent or less than ten percent of its paid22.50%/25%* up capital through IPO Non-publicly traded company 27.50%/30%* One Person Company (OPC) 22.50%/25%* Publicly traded bank, insurance and financial institution (except merchant bank) 37.50% Non-publicly traded bank, insurance and financial institution 40% Merchant Bank 37.50% Company producing all sorts of tobacco items including cigarette, bidi, chewing tobacco and gul 45% + 2.5% (Surcharge) Publicly traded mobile operator company 40% Non-publicly traded mobile operator company 45% Association of persons (AOP) 27.50% Artificial juridical person and other taxable entity 27.50% Co-operative societies registered under Co-operative Societies Act, 2001 15% Private University, Private medical college, Private dental college, Private engineering college or 15% private college solely dedicated to imparting education on ICT * Condition: All receipts and income must be transacted through bank transfer and every single transaction above Tk. 5 lakhs and annual investment over Tk. 36 lakhs of expense and investment must be made through bank transfer Anil Salam Idris & Co Chartered Accountants Corporate tax: Tax Rates (2/2) Reduced Rate for certain bodies are withdrawn WASA City Development Authority (CDA) Civil Aviation Authority Bangladesh Water Development Board Bangladesh Television & Radio Bangladesh Land Port Authority Bangladesh Electricity Development Board RDA, KDA etc. Change Earlier New 25% 30% ** These autonomous bodies and they need to pay corporate tax at regular rate from now on Anil Salam Idris & Co Chartered Accountants Withdrawal of Exemptions Income of ICB from Unit Funds & Mutual Funds and Income of Issuer from Mutual Funds shall be taxable now. Return of unit-holders will be reduced Earlier Now Exempted Taxable at regular rate New Anil Salam Idris & Co Chartered Accountants New areas of tax admissible expenses Specific Expenses shall be considered as admissible expenses New Now Earlier It was not specifically mentioned • • • • • • Utility Transportation Discount & Commission Advertisement WPPF Realized forex loss Anil Salam Idris & Co Chartered Accountants Various Statements Change WHT Statements has been withdrawn and monthly statement submission has been proposed Earlier New Statements Statement of Tax deducted & Collected u/r 18 Monthly Statement of WHT tax u/s 75A (Monthly) Yearly Statement of Dividend Payment u/s 110 Yearly Statement of Interest Payment u/s 109 Yearly Statement of TDS from Salary u/s 108 Yearly Statement of Salary Tax deducted u/r 21 Statement of WHT tax u/s 75A Statement of WHT Tax u/s on monthly basis Monthly Half Yearly Anil Salam Idris & Co Chartered Accountants Minimum Tax [ Sec 163-164] Change Changes in Minimum Tax on Gross Receipts: Earlier Tax Payer Now Old Tax rate New Tax rate 1. Manufacturer of cigarettes, bidi, chewing tobacco, smokeless tobacco or any other tobacco products 1% 3% 2. Mobile phone operator 2% 2% 3. Individual other than individual engaged (in mobile phone operation or in the manufacturing of cigarettes, bidi, chewing tobacco, smokeless tobacco or any other tobacco products, or having gross receipts Tk.3 crore or more 0.25% 0.25% 4. Any other cases 0.6% 0.6% 5. Carbonated beverage 0.6% 5% 0.1% in 1st 3 years 0.1% in 1st 3 years 6. Industrial undertaking engaged in manufacturing of goods Anil Salam Idris & Co Chartered Accountants Minimum Tax [ Sec 163-164] Change Deletion of list of Final Discharge of Tax Liabilities: Earlier TDS paid/ collected under these additional heads will be consider as minimum tax • Deduction at source from compensation against acquisition of property • Deduction at source from interest on saving instruments • Deduction at source from export cash subsidy • Deduction at source from interest on saving deposit and fixed deposit • Deduction of tax on transfer, etc., of property • Deduction of tax any sum paid by real estate developer to land owner Now • Deduction from payment to WPPF [Sec 88] • Deduction of tax from advertising bill of media broadcasting [sec 92] • Deduction of tax for rendering service from convention hall, conference center, etc. [Sec 110] • Deduction of tax from freight forward agency commission [Sec 113] • Deduction of tax from dividends [Sec 117] • Collection of tax from lease of property [Sec128] Anil Salam Idris & Co Chartered Accountants Set off & Carry forward [ Sec 70-71] All the relevant sections from the ITO, 1984, HAS Been aggregated and the provision have been simplified Earlier As per the ITO, 1984, business loss was allowed to be set off with any income from any other heads, except income from house property Change Now Business loss will only be set off with business income Anil Salam Idris & Co Chartered Accountants Changes in 3rd Schedule, Part-1 & Part- 2 Change Earlier Now Particular The ITO, 1984 The ITA, 2023 3rd Sch, Part-1, Para 2- Bar of cost value of motor vehicle 25 lac 30 lac 50% 20% - 10% 3rd Sch, Part-1, Para 2- Bangladesh made software Amortization 3rd Sch, Part-1, Para 2- Expenditure disallowed considering capital expenses: Amortization Anil Salam Idris & Co Chartered Accountants Amortization New Earlier Now Categories Old Tax rate New Tax rate License fee Pro-rata basis Pro-rata basis 20% 20% Not mentioned 10% 50% for Local 20% for Local 10% for foreign 10% for foreign Not mentioned 10% Preliminary expenses Research and development cost Computer software and application Unapproved expenses- Capital nature Anil Salam Idris & Co Chartered Accountants Penalty Change Now Earlier Ref The ITA, 2023 ITO, 1984 • Penalty for failure to issue TDS certificate: Maximum tk. 5000/ or in case continuing default , a further penalty of tk. 1000/ for per month. Sec 266 • Penalty for failure to furnish information: Tk 50,000/ instead of tk. 25000/- . Sec 124 • Penalty for concealment of income: (A+B) Sec 272 A=15% of tax avoided. B= 10% of tax avoided X year [15%] Sec 128 • Penalty for non -compliance with notice: Sec 270 Non compliance with the notice issued for process of return shall not exceed tax payable. Sec 126 Anil Salam Idris & Co Chartered Accountants Return after Tax Day & Delay Interest New Now Earlier Ref The ITA, 2023 ITO, 1984 Sec 170 Obligation to submit return under self-assessment: • Persons under compulsion to submit return as per section 166 • Normal return may be submitted by company or person leaving Bangladesh except OPC, bank, insurance and Finance • Normal return refers to return submitted for tax assessment u/s 183 (DCT computed) or 184 (Best judgement) Not Any Sec 174 Sec 76 Computation of tax for Submission of return after Tax Day: • Ga=Ka X (1+0.04X Kha), here delay interest 4% per month (2% per month) • Ka= tax payable on Tax Day (Includes minimum tax, surcharge and simple interest, but excludes penalty/other tax) +tax computed at regular rate on exempted income (includes reduced rate?) • Kha= Number of months not exceeding 24 after Tax Day • Fraction of a month be considered as 1 month Sec 44 Sec 73A Anil Salam Idris & Co Chartered Accountants Mandatory Audit for Firm, AoP and Funds Audit for Firm, AOP and Funds become mandatory having turnover over 2 Crore Earlier Were not mandatory Change Now Mandatory Anil Salam Idris & Co Chartered Accountants Changes in TDS Anil Salam Idris & Co Chartered Accountants TDS on Grossed-up amount If the Contract or agreement are made without tax and payment made in full contract value, the tax shall be deducted at source on Grossed-up amount Earlier It was not clearly mentioned in ITO, 1984 Change Now New formula has been introduced and formalized. C=(100*A)/(100-B) A= Payment excluding tax B= Tax rate C= base amount Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 89 2. 3. 4. 5. Payment to supplier of Tobacco Leaves in any form, Tobacco Products including Cigarettes, Biri, Jorda, Gul Earlier 3 to 7% New 10% Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 1. 89 3. 4. 5. Payment to supplier of Extra High Voltage Power Cable 33KV to 500KV by local manufacturers having own Vertical Continuous Vulcanization line Earlier 3 to 7% New 3% Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 1. 2. 3. 4. 5. Gold dores imported by Industrial IRC holder VAT compliant gold refinery Earlier 5% New 0% Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 1. 2. 4. 3. 5. TDS on Interest of Govt. Approved Foreign Loan, Interest payable by: Govt or Local Authority Industrial Undertaking in Bangladesh Financial Institutions for the advancement of loans to Industrial Undertaking Earlier Exempted New 20%/10% Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change Sec-86 2. 3. 4. 5. Deduction from payment to workers participation fund Earlier New 5% 10% Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 1. Sec-92 3. 4. 5. Deduction of tax from advertising bill of media broadcasting Earlier New 4% 5% Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 1. 2. 125. 5. 4. Tax on Transfer of Property Earlier 4% or 3lac to 10.8lac whichever higher New 8% or 6lac to 20lac whichever higher Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 1. 2. 3. 127 5. Collection of tax from commission on Govt. stamp, court fees and cartridge paper. Earlier 0% New 10% Anil Salam Idris & Co Chartered Accountants New TDS (tax deduction at source) Change 1. 2. 3. 5. Rule 5 TDS from non-resident courier services Earlier 20% New 15% Anil Salam Idris & Co Chartered Accountants Income Tax Return Preparer Rules, 2023 • Eligibility • • • • • Workflows • • • Incentives to the return preparers Bangladeshi citizen who are not gov’t officials, having Bachelor degree Have knowledge on preparing and submitting individual tax return Practical knowledge of computer and ICT Pass the Tax Aptitude & Accounting Test (TAAT) Have TIN and Proof of Submission of Return (PSR) Exempted from TAAT Exam On minimum tax The next BDT 15,000 The next BDT 50,000 Remaining tax • • • • NBR will appoint Facilitator (firm or company) Preparer shall be enlisted with NBR directly or via the Facilitator Facilitator shall maintain profile of the preparers, train and supervise them Upon obtaining consent from the taxpayer, return preparer shall submit tax return of the taxpayers, handover a copy of return and PSR Incentives based on the income tax paid by the taxpayer under section 74 • Scope of works for the preparer Chartered Accountants Cost & Management Accountants Chartered Secretary Lawyer registered under the Bar Council ITP registered with the Taxes Bar Association Only preparing and submitting income tax returns under section 75 of the Income Tax Ordinance, 1984, and cannot act as a representative of a taxpayer to appear before any income tax authority or appellate tribunal % of incentives 1st, 2nd& 3rd year 4th & 5th year 10% 2% 1% 0.5% 5% 1% 0.5% 0.25% Anil Salam Idris & Co Chartered Accountants New time line for ADR process No Change Changes in period for completion of agreement for Alternate Dispute Resolution Earlier New 3 months 3 months Anil Salam Idris & Co Chartered Accountants Changes in House property income Anil Salam Idris & Co Chartered Accountants Deductions from Income from house property U/S 22 In respect of expenditure for repairs, collection of rent, water and sewerage, electricity and all other expenditure related to maintenance and provision of basic services are follows; Type of Assets Allowable Deduction (% of Total Rent) Existing Allowable Deduction (% of Total Rent) Proposed Property used for (Commercial purpose) 30% 30% Property used for (Residential purpose) 25% 25% - 10% Other Assets (If required) New Anil Salam Idris & Co Chartered Accountants Question & Answer Anil Salam Idris & Co Chartered Accountants THANK YOU Contact us: info@asico.com.bd Anil Salam Idris & Co Chartered Accountants Disclaimer The presentation has been prepared to provide information on Budget 2023 only which may not be used as legal reference. Any references / communication / recommendation presented here does not warrant any confirmation that this will be accepted by tax office. Tax authority might have different view. This disclaimer applies in all slides/papers/documents presented here.