Example 1: In the fiscal year 2021-22, Mr. Ruhin, who serves as the Managing Director of XYZ Pvt Limited, hired Mr. Smith, an Australian citizen, without obtaining prior government approval. During this fiscal year, the company incurred a tax liability of BDT 962,500. Furthermore, in the fiscal year 2021-22, XYZ Pvt Limited reported an after-tax profit of BDT 3,500,000. The company also declared a 10% cash dividend in that year. The total capital of the company was BDT 10,000,000. What is the total tax liability of XYZ Pvt Limited for the fiscal year 2021-22? Suggested answer: According to Income Tax Act 2023, section 19, without prior government approval, a company has to pay an additional tax of 50% of tax liability or BDT 500,000 whichever is higher if any foreign person works for that company. Particular BDT the tax liability, mentioned above 962,500 50% of tax liability 481,250 So, the company has to pay an additional income tax of BDT 500,000 because it is higher than 50% of tax liability for violating rules. According to the Income Tax Act 2023, section 22, if the Company fails to pay 30% of the dividend from net income, then they have to pay 10% taxes on the amount transferred to the general reserve or retained earnings. Particular dividend to be paid (10% of 10,000,000) Net income BDT 1,000,000 3,500,000 30% of net income 1,050,000 So, the company failed to comply with the rules and had to pay an additional income tax of 10% of funds transferred on retained earnings. Particular After-Tax profit Less: Dividend The amount transferred to retained earning Addition income tax (10%) The total tax burden for the company is Particular Tax liability Additional tax for violating Sec 19 Additional tax for violating Sec 22 Total tax burden BDT 3,500,000 1,050,000 2,450,000 245,000 BDT 962,500 500,000 245,000 1,707,500 Question 2 Mr. Ruhin is an executive at a private software company who is a USA resident and worked as a consultant for a Bangladeshi company. His income details for the year 2022-23 are as follows: 1. 2. 3. 4. 5. 6. 7. Basic salary: Tk. 40,000 per month House rent allowance: 40% of basic salary Medical allowance: Tk. 4,000 per month Conveyance allowance: Tk. 3,000 per month Traveling allowance: Tk. 70,000 Performance bonus: Tk. 90,000 Overtime allowance: Tk. 30,000 He is provided with a company-owned car of 3500 CC for both office and personal use. During the year, he received two festival bonuses, one in December and another in April, each equal to one and a half months' basic salary. Mr. Ruhin contributes 12% of his basic salary to the Recognized Provident Fund (RPF), and his employer matches this contribution. The interest earned on the RPF balance is Tk. 75,600. Additionally, he contributes 6% of his basic salary to a group insurance premium. Throughout the year, he made the following expenses and investments: - Life insurance premium paid (Policy value Tk. 350,000): Tk. 16,000 - Purchase of land: Tk. 280,000 - Purchase of shares from the primary market: Tk. 6,000 Calculate Mr. Ruhin's total income and tax liability for the year 2022-23. Suggested answer: Total income for Mr. Ruhin for the income year 2022-23: Particular Basic salary House rent allowance Medical allowance Conveyance allowance Traveling allowance Performance bonus Overtime allowance 3500 CC car facility Festival allowance Contribution to RPF by employer Interest earned on RPF Income from salary BDT 480,000 192,000 48,000 36,000 70,000 90,000 30,000 25,000 120,000 57,600 75,600 1,224,400 Less: exemption of 1/3 of income from salary ( BDT 408,133) or BDT 450,000 whichever is lower Total income The tax liability of Mr. Ruhin is calculated below Total income For the first 816,267 408,133 816,267 Tax rate 30% Tax liability 244,880 Mr Ruhin is not a resident of Bangladesh and any non-resident doesn’t get any investment rebate. Example 3 Sunflowers Private Limited company operates in Bangladesh and has the following financial data for the fiscal year: Net Business Profit: 50,00,000 taka Net Trading Profit: 40,00,000 taka Business Turnover: 2,00,00,000 taka Perquisites paid to an employee: 12,00,000 taka Expenses for royalties, license fees, and other intangible assets: 9,00,000 of taka Head office or intra-group expenditure: 5,00,000 taka Foreign travel expenses for business purposes: 1,50,000 taka Promotional expenditure other than advertising: 1,20,000 of taka Shareholder director receives a commission: 8,00,000 taka Calculate the taxable income and tax liability for Company XYZ based on the provided law. Suggested answer: particular Profit before tax Add. deductions not allowable: Excess prerequisite Excess Expenses for royalties, license fees, and other intangible assets Excess Foreign travel expenses Excess Promotional expenditure other than advertising Shareholder director receives a commission Total deduction not allowable Total taxable income Tax rate Tax liability Notes: Determine the deductions not allowable: a) Shareholder director's commission: 8,00,000 taka BDT BDT 50,00,000 2,00,000 4,00,000 50,000 20,000 8,00,000 16,06,000 66.06.000 27.5% 18,16,650 b) Perquisites in excess of 10 lakh: 2,00,000 taka c) Additional expenses on intangible assets (10% of net business profit i.e. BDT 500,000): 4,00,000 taka d) Additional foreign travel expenses (0.5% of business turnover i.e. BDT 100,000): 50,000 of taka e) Excess promotional expenditure (0.5% of business turnover): 20,000 taka