Auditing and Taxation Chapter 2: Basics of Income Tax Course Code: FIN-3103 Assistant Professor Kazi Asequl Arefin Department of Business Administration in Finance and Banking Outline ▪ Income Tax Payment Cycle ▪ Income Year and Assessment Year ▪ Assessee and Person ▪ Determining Residential Status ▪ Computation of Total Income ▪ Charge of Surcharge ▪ Income Tax Rates ▪ Charge of Minimum Tax ▪ Problem Solving Income Tax Payment Cycle in Bangladesh 1. Determination of Income Year and Assessment Year 2. Determination of Residential Status 3. Classification of Income under Different Heads • Resident • Ten Heads of Income: • Non Resident • Salary, House Property, Business-Profession, Interest, Agricultural, Capital Gain, etc. Income Tax Payment Cycle in Bangladesh 4. Exclusion of Income not Chargeable to Tax 5. Computation of Income under Each Head • Pension, Gratuity, House • Admissible Expenses can Rent Allowance, Conveyance Allowance be deducted 6. Clubbing of Income of Spouse, Minor, Child etc. • Tax System is Progressive • Some Income of Spouse, Minor Child have to be included in the income of the person Income Tax Payment Cycle in Bangladesh 7. Set-off or Carry Forward of Losses 8. Computation of Gross Total Income 9. Deductions from Gross Total Income • Adjustment of Different • If Agriculture Income is Sources only source, Tk. 2 Lac is deducted • Interhead Adjustment • Adjusting Loss in Subsequent Years Income Tax Payment Cycle in Bangladesh 10. Deriving at Total Income 11. Application of Rates of Income Tax 12. Deduction of Tax Credit or Rebate • Also known as taxable • Slab Rate and basic • Tax rebate is allowed on income exemption limit investment allowance and tax free incomes Income Tax Payment Cycle in Bangladesh 13. Surcharge 14. Computation of Net Tax Liability and Surcharge 15. Adjustment of Advance Tax • Additional charge • Net Income Tax • Advance tax in payable over the income tax Liability + Surcharge installment • Tax Deducted at source Income Tax Payment Cycle in Bangladesh 16. Obtaining the TIN 17. Submission of Income Tax Return and Payment of Tax • 12 digit E-TIN if income • If any amount is due exceeds non assessable limit • Due Date: Tax Day (Nov 30 each year) Income Year and Assessment Year • Tax is imposed on the financial year (Starting from July 1) called assessment year • Tax is levied in respect of the income earned in the Income Year • Basically, Income tax is paid in the next fiscal year of the income year called assessment year Income earned on the Income Year Tax Imposed on the Assessment Year Income Year and Assessment Year • Generally, Income Year is the financial year immediately preceding assessment year and Assessment Year is the subsequent year of the income year with some exception • For Bank, Insurance Companies, and Financial Institutions income year is 1 January to 31 December • For other assessee, income year is the period from July to June Determination of Income Year • Usually July 1 of one year to June 30 of next year • Jan 1 to Dec 30 for Bank, Insurance, or Financial Institutions • Few Special Cases: ●Start of business to June 30 ●Start of Job to June 30 ●July 1 to liquidation ●July 1 to retirement or death Determination of Assessment Year • Usually the fiscal year after the income year • Few Special Cases: (Assessed in Income Year) ●Income of discontinued business ●Persons leaving Bangladesh ●Income of non-resident shipping companies Income and Assessment Year: Illustrative Examples a. A Ltd started their business on August 01, 2022 b. ABC firm joined as a consultant of a government project on January 01, 2023, for a five year contract. c. B Ltd closed all their business operations permanently on March 31, 2023 d. ABC Traders is a partnership firm and has been continuing its operation since 2017. One of the partners, A died on April 30, 2023. Assessee Period covered in the income year Income Year Assessment Year A Ltd. Start August 01, 2022 End June 30, 2023 2022-2023 2023-2024 ABC (Firm) Start January 01, 2023 End June 30, 2023 2022-2023 2023-2024 B Ltd. Start July 01, 2022 End March 31, 2023 2022-2023 2022-2023* ABC Traders (Firm) Start July 01, 2022 End April 30, 2023 2022-2023 2023-2024 Income and Assessment Year: Illustrative Examples e. XYZ Traders is a partnership firm and has been continuing its operation since 2017. One of the partners, Z, retired on August 31, 2022, and XY decided to continue the operation in the name of XY traders from September 01, 2022. But unfortunately, one partner died on May 15, 2023. f. Prime Bank Ltd. Prepared its annual report covering the period 1.1.2022 to 31.12.2022. g. Mr. Jalil, a regular taxpayer, submitted his income tax return in the “Income Tax Fair, 2023”. Assessee Period covered in the income year Income Year Assessment Year XYZ Traders (Firm) Start July 01, 2022 End April 30, 2023 2022-23 2023-24 XY Traders (Firm) Start September 01, 2022 End May 15, 2023 2022-23 2023-24 Prime Bank Ltd. Start January 01, 2022 End December 31, 2022 2022-23 2023-24 Mr. Jalil Start July 01, 2022 End April 30, 2023 2022-23 2023-24 Income and Assessment Year: Illustrative Examples h. Mr. Rabbi, a regular taxpayer, is going to leave Bangladesh permanently on April 30, 2023. i. M. V. Atlantis, a ship of Panama based company (i.e. non-resident shipping company), carried imported goods to Bangladesh and received BDT 20,00,000 against this service on April 30, 2023, before leaving Chattogram port. Assessee Period covered in the income year Income Year Assessment Year Mr. Rabbi Start July 01, 2022 End April 30, 2023 2022-23 2022-23* M. V. Atlantis Start July 01, 2022 End April 30, 2023 2022-23 2022-23* Assessee and Person • Assessee is a person who is liable to pay any sum • The term person includes an individual, a firm, an association of persons, a Hindu undivided family, a trust, a fund, a local authority, a company, an entity, and every other artificial judicial person [Section 2(46)] Classification of Assessee (On the basis of person) • Individual • Firm • Association of Person (AOP) • Hindu Undivided Family (HUF) • Trust • Fund • Company Classification of Assessee • Company includes- ●Branch office of foreign organization ●Permanent organization of foreign entity or personnel ●Any association or incorporated body ●Any banking, insurance, financial institution ●Any industry or commerce association ●Organization registered with NGO affairs bureau or Microcredit regulatory authority Classification of Assessee • Company includes- ●Gazetted Government Authority, Local authority, Autonomous body ●Legally standing unit formed as separate entity ●Any entity except an individual, a firm, an association of persons, HUF, a trust, and a fund. ●Any foreign association or organization, not registered under any law specified as company under any general or special order by the Board. Self-Test • Identify the status of the following entities as assessee: Assessee Dhaka University Shohag Paribahan Pvt. Ltd. Prime Bank Limited X and Y, who are legal heirs of Z (Z died in 2019 and X and Y carry on his business without entering into partnership) Unique Enterprises, a firm consisting of A, B, and C Classification of Assess Self-Test • Identify the status of the following entities as assessee: Assessee Classification of Assess Dhaka University Company Shohag Paribahan Pvt. Ltd. Company Prime Bank Limited Company X and Y, who are legal heirs of Z (Z Association of Persons died in 2019 and X and Y carry on his business without entering into partnership) Unique Enterprises, a firm consisting of A, B, and C Firm Self-Test • Identify the status of the following entities as assessee: Assessee A Hindu joint family consisting of P, Mrs. P, and their son S Dhaka North City Corporation Comilla Cantonment Board ICB Mutual Fund Anjuman Mufidul Islam Mr. Faisal Imtiaz Classification of Assess Self-Test • Identify the status of the following entities as assessee: Assessee A Hindu joint family consisting of P, Classification of Assess Hindu Undivided Family Mrs. P, and their son S Dhaka North City Corporation Comilla Cantonment Board ICB Mutual Fund Anjuman Mufidul Islam Mr. Faisal Imtiaz Company Company Fund Trust Individual Determining Residential Status • Residential status refers to either: ●Period of stay of an Assessee in Bangladesh ●Degree of control or management of the affairs of an assessee • Non resident is not taxed on income earned outside Bangladesh while a resident is taxed on global income Points Regarding Residential Status • Separate set of rules for individual and firm • Determined separately for each income year • Always determined for the income year • Person may be a resident of more than one country • Residential Status does not depend on citizenship • Burden of proof lies with the assessee Rules for determining Residential Status • For Individual: If he stays in Bangladesh for a period amounting in all to 183 days or more in that year. • Or, for periods amounting in all to 90 days or more, having previously been in Bangladesh for periods amounting to 365 days or more during four year preceding that year • For HUF, Firm, AOP, Company, Trust, Fund: If control and management is situated wholly in Bangladesh To be taxed or not Resident Non-Resident Bangladeshi Income (Received) Bangladeshi Income (Arise/Accrued) Taxable Taxable Taxable Taxable Foreign Income Taxable Non-Taxable Effect of Residential Status • Resident considers global income as his total income, non-resident does not • For non-resident foreigner minimum non-assessable limit is not applicable • Non-resident foreigner has to pay the maximum rate (30%) • No tax rebate is applicable for non-resident foreigner Minicase: Residential Status • Selina Akter, a Bangladeshi citizen, for the first time left Bangladesh for higher studies on October 01, 2016. • For celebrating Eid, she came to Bangladesh on October 12, 2017, and stayed for 90 days; again, she came to Bangladesh in her brothers’ marriage ceremony on August 14, 2018 and stayed for 68 days. • She also stayed in Bangladesh for 115 days from September 17, 2019, in Bangladesh for research purpose. • Finally, after completing her studies she came to Dhaka on April 01, 2021. Determine her residential status for the income year 2020-21. Computation of (Gross) Total Income • Any exemption or allowance is still included in gross total income as well as any income deemed to be the income of the assessee • Income of spouse or minor child is included (benefit from firm membership, assets transferred otherwise than by way of gift) • Income arising from any settlement-disposition and revocable transfer of asset Tax Rebates • As per ITO, tax rebate is allowed on investment allowance, tax free incomes (e.g. share of profit in a firm) etc. as per the following rates • @Average rate on tax free income (e.g. share of profit in a firm) • @15% on eligible amounts of investment allowance. • Maximum amount eligible for tax rebate would be restricted to lower of 3% of total income or Tk. Ten lac Tax Rebates Charge of Surcharge • Govt may charge surcharge on income in addition to income tax Net Wealth Amount Rate Up to Tk. 4 crore Nil More than 4 crore to Tk. 10 crore or, Having multiple motor cars under one name or, Having more than 8000 sq. ft house in city corporation area 10% More than Tk. 10 crore to Tk. 20 crore 20% More than Tk. 20 crore to Tk. 50 crore 30% More than Tk. 50 crore 35% • Additional 2.5% surcharge is applicable on income from tobacco made products manufacturing business Income Tax Rates Income Tax Rates • Minimum non-assessable income limit is 400,000 for women, elder citizens being more than 65 years of age. • For disabled person and transgender, it is 475,000 and for gazetted wounded freedom fighters it is 500,000 • Minimum non-assessable income limit for parents or legal guardian of disabled child/dependent will be Tk. 50,000 more for each child/dependent Income Tax Rates Tax Rates of Capital Gain (In case of person other than a company) • On disposal of capital assets within 5 years of acquisition: ●Capital Gain included in total income and taxed at regular rate • On disposal of capital assets after 5 years of acquisition: ●Taxed at flat 15% rate Charge of Minimum Tax • If the Assessee is: ●An individual having gross receipts of taka three crore or more; ●A firm having gross receipts of more than taka fifty lac, or ●A company, • Irrespective of profit or loss be liable to pay minimum tax Charge of Minimum Tax • Minimum tax is Tk. 5,000 for Dhaka North, Dhaka South and Chattogram. • Minimum Tax is Tk. 4,000 for other city corporation area and Tk. 3000 for other than city corporation area. • Surcharge or any additional amount is payable in addition to minimum tax Charge of Minimum Tax • Minimum tax for an individual having gross receipts of taka 3 crore or more will be 0.25% of gross receipts Type of Assessee Manufacturer of Cigarette, Bidi, Chewing Tobacco, Smokeless Tobacco, or any other tobacco products Minimum Tax (% of Gross Receipts) 3.00% Carbonated Beverage Mobile Phone Operator Individual other than individual engaged in the manufacturing of tobacco products, having gross receipts of taka 3 crore or more 3.00% 2.00% 0.25% Any other cases 0.60% Problem 2.1 Mr. Ramit, a 50-year-old Bangladeshi citizen, lives in Dhaka. Calculate his income tax liability for the current assessment year based on the following information: • Stayed in Bangladesh during the income year: 300 days • Total Global Income Tk. 12,50,000 [Domestic income Tk. 850,000; foreign income Tk. 400,000] • Net wealth amount at the end of the income year: Tk. 2 crore • He has made actual allowable investment of Tk. 250,000. • TDS Tk. 20,000 & Tax refund claim Tk. 5,000 Problem 2.2 Mrs. Selina, a 50-year-old Bangladeshi citizen, lives in Dhaka. Calculate her income tax liability for the current assessment year based on the following information: • Stayed in Bangladesh during the income year: 200 days • Total Global Income Tk. 1,600,000 [Domestic income Tk. 1,300,000; foreign income Tk. 300,000] • Net wealth amount at the end of the income year: Tk. 5 crore • She has made actual allowable investment of Tk. 400,000 • TDS Tk. 20,000 & Tax refund claim Tk. 5,000 Problem 2.3 Mr. Bashir, a 70-year-old Bangladeshi citizen, lives in America. He is a registered taxpayer of DNCC. Calculate his income tax liability for the current assessment year based on the following information: • Stayed in Bangladesh during the income year: 50 days • Total Global Income Tk. 16,50,000 [Domestic income Tk. 5,50,000; Foreign income Tk. 11,00,000] • Net wealth amount at the end of the income year: Tk. 11 crore • He has made actual allowable investment of Tk. 120,000 in Bangladesh • TDS Tk. 1,000 & Tax refund claim Tk. 1,000. Problem 2.4 Mr. Bashir, a 50-year-old disabled Bangladeshi citizen, lives in Rajshahi. Calculate his income tax liability for the current assessment year based on given information: ▪ Stayed in Bangladesh during the given income year: 360 days ▪ Total global income Tk. 1,575,000 [Domestic income 1,300,000 (house property income Tk. 700,000; income from catering business Tk. 300,000; capital gain from selling a capital asset within 5 years of acquisition Tk. 100,000; share of profit in a partnership firm Tk. 200,000); foreign income Tk. 275,000] ▪ Net wealth amount at the end of the income year: Tk. 22 crore ▪ He has made actual allowable investment of Tk. 400,000 ▪ Advance tax Tk. 25,000, TDS Tk. 10,000 & Tax refund claim Tk. 5,000. Problem 2.6 Mr. Tarif, a 75-year-old Bangladeshi citizen, lives in Rajshahi. Calculate his income tax liability for the current assessment year based on the following information: ▪ Stayed in Bangladesh during the income year: 360 days ▪ Total Global Income Tk. 1,600,000 [domestic income Tk. 1,300,000 (house property income Tk. 700,000; income from tobacco manufacturing business Tk. 300,000; share of firm profit Tk. 300,000); foreign income Tk. 300,000] ▪ Net wealth at the end of the income year: Tk. 30 crore ▪ He has made actual allowable investment of Tk. 400,000. ▪ Advance tax Tk. 25,000, TDS Tk. 10,000 & Tax refund claim Tk. 5,000. ▪ He is a gazetted wounded freedom fighter. Problem 2.7 Mx. Doel, a 40 year old Bangladeshi transgender citizen, lives in Dhaka. Calculate his tax liability for the current assessment year based on the following information: • Stayed in Bangladesh during the income year: 365 days • Total Global Income Tk. 875,000 [Domestic income Tk. 875,000, foreign income- nil] • Net wealth at the end of the income year: Tk. 50 lac • Actual allowable investment made during the income year of Tk. 200,000. • TDS Tk. 10,000 Problem 2.8 Chris Gayle, a 42-year-old cricketer from West Indies, came to Bangladesh for playing in BPL. He stayed in Bangladesh for two months (March & April) of the income year. Calculate his income tax liability for the current assessment year based on the following information: • Stayed in Bangladesh during the income year: 61 days • Total Global Income Tk. 120,000,000 • Income earned in Bangladesh Tk. 20,000,000 • Income earned outside Bangladesh Tk. 100,000,000 • Net wealth at the end of the income year Tk. 160 crore • He has made investment of Tk. 10,00,000 in Bangladesh stock market Assessee: Chris Gayle Assessment Year: 2023-2024 Income Year: 2022-2023 Since none of the conditions are fulfilled, Chris Gayle is a non-resident foreigner assessee. So, he will pay tax only for the income earned inside Bangladesh @ 30%. Moreover, he is also not eligible for any kind of tax rebates. So, the tax liability of Chris Gayle= 30% of Tk. 20,000,000 = Tk. 6,000,000