Professional Documents
Culture Documents
May Be Followed PDF
May Be Followed PDF
TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
INCOME ......................................................................................... 26
4 Residential status.......................................................................... 26
5 Scope of the total income................................................................ 26
6 Heads of income............................................................................ 27
7 Income from salary........................................................................ 27
8 Interest on securities...................................................................... 29
9 Income from house property............................................................. 30
10 Agricultural income........................................................................ 31
11 Income from business or profession..................................................... 32
11.1 Admissible deductions.............................................................. 33
11.2 Deductions not admissible in certain circumstances.......................... 35
11.3 Normal depreciation allowance.................................................. 36
11.4 Initial depreciation................................................................. 38
11.5 Accelerated depreciation allowance............................................. 38
11.6 Amortization of license fees...................................................... 39
12 Capital gains................................................................................ 39
13 Income from other sources............................................................... 40
14 Deemed income............................................................................ 41
ASSESSMENT........................................................................................ 66
28 Provisional assessment.................................................................... 66
29 Assessment on correct return............................................................ 66
30 Universal self-assessment................................................................. 66
31 Spot assessment............................................................................ 67
32 Assessment after hearing................................................................. 67
33 Assessment on the basis of report of a Chartered Accountant...................... 68
34 Best judgement assessment.............................................................. 68
35 Other assessments......................................................................... 68
TAX INCENTIVE..................................................................................... 69
36 Tax exemption.............................................................................. 69
37 Reduced rate of tax........................................................................ 87
38 Tax rebate................................................................................... 90
39 Conditions for tax exemption for newly established industrial undertaking and
newly established physical infrastructure facility.................................... 93
40 Investment allowances eligible for tax credit......................................... 93
41 CSR activities eligible for tax credit.................................................... 95
42 Special tax treatment..................................................................... 97
43 Avoidance of double taxation............................................................ 97
TABLE OF CONTENTS
TRANSFER PRICING................................................................................ 98
44 Transfer pricing............................................................................. 98
44.1 Procedure from record keeping to submission of return...................... 98
44.2 Assessment procedure.............................................................. 99
44.3 Computation of arm’s length price............................................... 99
44.4 Reference to Transfer Pricing Officer...........................................101
44.5 Maintenance and keeping of information, documents and records........101
44.6 Statement of international transaction to be submitted....................101
44.7 Report from an accountant to be furnished...................................101
MAJOR CHANGES IN
2015 - 2016
The ceiling of maximum tax exempted income for the individual assessee
has been enhanced from BDT 220,000 to BDT 250,000 for male, from BDT
275,000 to BDT 300,000 for women and senior citizens aging over 65 years,
from BDT 350,000 to BDT 375,000 for physically challenged people and from
BDT 400,000 to BDT 425,000 for gazetted war-wounded freedom fighters.
These changes will be in effect from 1 July 2015.
The 6 tier income slabs and tax rate structure applicable for individual
assessee (including non-resident Bangladeshi), Hindu undivided family,
firm, association of persons, artificial juridical person and Non-Government
Organization (NGO) have been changed with effect in the Income Year
2014-2015 and Assessment Year 2015-2016. A comparative personal tax rate
structure is shown below –
Minimum surcharge has been fixed at BDT 3,000 for the Assessment Year 2015-
2016 in case of net wealth exceeding BDT 2.25 crore, whereas there was no
minimum limit of surcharge for the Assessment Year 2014-2015.
Section – 2(35) regarding the definition of income year has been replaced. As
per the replaced definition the income year has been determined as follows -
XX For a newly set up business: From the date of setting up the business to
following 30 June
XX For a new source of income: From the date of existence to following 30 June
The replaced definition would be effective from assessment year 2016 – 2017.
As a result of this replaced definition, all assessees (except banks, insurance
and financial institutions) following a different date than 30 June as end of
income year / accounting year have to shift such income year as 1 July to
30 June. Similarly all banks, insurance and financial institutions following a
different date than 31 December as end of income year / accounting year has
to shift such income year as 1 January to 31 December.
Section – 16B regarding charge of additional tax has been replaced. As per the
replaced section –
XX Additional tax equivalent to the higher (a) 50% of tax liability or (b) BDT
500,000 shall be charged, if an employer employs a non-Bangladeshi
citizen / expatriate during the income year without prior approval of
the Board of Investment or any competent authority.
Minimum tax at 0.10% on gross receipts has been imposed on new industrial
undertakings engaged in manufacturing of goods for first 3 income years since
commencement of commercial production.
3 new paragraphs have been added in Section – 19 which are Section – 19(29),
19(30), 19(31). A summary of the added paragraphs is given below –
XX Section - 19(29): Any unpaid liability of an assessee (except for
assessee engaged in real estate business) in respect of credit purchase
of any construction material for building or house property, which is
not paid within the following year of purchase has been included as
deemed income under income from other sources.
XX Section - 19(30): Unspent portion of an amount of deduction allowed
to an assessee for repair and maintenance of house property has been
included as deemed income under income from other sources.
The applicable tax rate for investment in residential building and apartment
in certain areas for special tax treatment under Section - 19BBBBB has been
changed as follows –
Through insertion of a proviso, any loss in respect of any income from any head has
been barred from being set off against any income from manufacturing of cigarette.
The following income of a co-operative society have been scoped out from
the benefit of tax exemption –
A provision has been added specifically scoping in the salary of Government officials
within the applicability of deduction of tax at source. Tax at source on salary drawn
from Government has been imposed at the average rate applicable to the estimated
total income of the official. The Government Accounts Office shall issue a tax
deduction certificate in this regard within 31 July of following financial year.
Treasury bond and treasury bill issued by Government has been scoped out
from the requirement of tax deduction at source.
Section – 52AA has been replaced with a more elaboration of the deduction
rate for certain services, as given below –
Any person responsible for collecting VAT from cigarette manufacturers has
been made responsible to collect tax 3% of Maximum Retail Price (MRP) while
collecting VAT.
A new section has been inserted imposing 0.30% tax to be deducted at source
by respective airlines from total value of tickets (exclusive of charges/taxes)
of an airlines or any charge for carrying cargo to be paid to any travel agent.
The rate of tax to be deducted at source has been changed to 4% from 3%.
The rate of tax to be deducted at source has been changed to 10% from 7.5%.
1.24 Deduction at source from interest on saving deposits and fixed deposits,
etc. [Section – 53F]
The rate of tax to be deducted at source has been changed to 4% from 3%.
1.26 Deduction of tax from any sum paid by real estate developer to land owner
[Section – 53P]
A new section has been inserted imposing 15% tax to be deducted at source
on any amount paid in the name of signing money, subsistence money, house
rent etc. to land owner by any real estate or land development business.
Section – 56 has been replaced with a more elaboration of the deduction rate
for certain income of non-residents, as given below –
Change in Section – 75 had been made allowing the DCT the power to
extend the date for submission of return up to 2 months (previously it was
3 months) from the specified date. He may further extend the date up to 2
months (previously it was 3 months) with the approval of the Inspecting Joint
Commissioner.
Sub section – 82BB(1) has been replaced, The replacement states that –
XX After processing the return, the DCT shall send the assessee a demand
notice along with an intimation specifying computed income, tax
liability, tax credit allowed, net tax payable or refundable and other
particulars, within 30 days of computation. Provided that no such
intimation shall be sent after 12 months from the end of the financial
year in which the return is furnished.
No demand notice requiring the assessee to pay more tax will be made unless
he/she has been given an opportunity of being heard.
1.31 Tax deducted or collected at source from the following items has been included
in this section to be treated as final discharge of tax liability – [Section – 82C]
Section – 107F has been replaced. The replaced section allows the DCT to
require any person entering into international transaction(s) with aggregate
value exceeding BDT 3 crore to furnish a report from a Chartered Accountant
or Cost and Management Accountant by issuing a notice.
A new section has been inserted imposing penalty (upto 2% of the value of the
international transaction) on a person failing to comply with the provision of
Section - 107EE.
XX Higher of (a) 50% of the tax liability on the last assessed income or (b)
BDT 1,000 for individual assessee assessed previously
1.35 Penalty for failure to verify the Taxpayer’s Identification Number [Section
- 124AA]
Section – 153(e) has been replaced. The replaced clause scoped in the
imposition of penalty on assessee except for a company under Chapter – XIA,
Chapter – XV, Section – 137 of Chapter – XVI to the provisions eligible for
appealing to the Appellate Joint Commissioner under this section.
A provision has been added making submission of twelve digit TIN a requirement
for parents applying for admission of their children at any English medium
school following international curriculum and situated in any city corporation
or paurashabha of a district headquarter.
The following cases have been relieved from the requirement of submission
of twelve digit TIN –
This rule has been replaced. As per the replaced rule tax shall be collected
on imported goods by the Commissioner of Customs or any appropriate officer
under Section – 53 at the following rates -
A new rule has been inserted providing the form of annual certificate regarding
deduction of tax from the Goverment Officials under Section – 50(1B) to be
issued.
This rule has been replaced. The format of return of withholding tax to be
filed by a company under Section - 75A has been modified accommodating the
new and changed areas of tax deducted at source.
Rule – 37(1) has been replaced. The replaced clause has specified only the
following bodies to be recognized by the Board as association of accountants
for the purpose of Section - 174(2)(e) –
A new rule has been inserted providing the form of certificate to be issued by
the Deputy Commissioner of Taxes regarding collection of tax from shipping
This rule has been replaced. The replaced rule has modified the form of
report from a Certified Accountant to be furnished under Section - 107F.
1.55 Extension of time period for reduced rate of tax for textile industry [SRO
– 193 - AIN/IT/2015]
The time period for which a company engaged in textile industry (yarn
manufacturing, yarn dying, finishing, coning, fabric manufacturing, fabric
dying, finishing, printing etc.) enjoys reduced rate of tax at 15% has been
extended till 30 June, 2019.
1.56 Extension of time period for reduced rate of tax for jute industry [SRO –
194 - AIN/IT/2015]
The time period for which a jute goods manufacturing industry enjoys reduced
rate of tax at 15% has been extended till 30 June, 2019.
1.57 Tax holiday for Securities and Exchange Commission [SRO – 195 - AIN/
IT/2015]
Basic salary, festival bonus and bonus of Government officials has been
1.59 Reduction of tax rate on income from certain areas [SRO – 199 - AIN/
IT/2015]
Reduced rate of tax has been offered for income from production of pelleted
poultry feed, production of pelleted feed for fish, shrimp and cattle,
production of seeds, marketing of locally produced seeds, cattle farming,
dairy farming, frog farming, horticulture, silk tree plantation, bee keeping,
silk worm farming, mushroom farming, floriculture, as stated below –
1.60 Reduction of tax rate on income from poultry [SRO – 254 - AIN/IT/2015]
Reduced rate of tax has been offered for income from poultry as stated below –
1.61 Reduction of tax rate on income from hatchery – [SRO – 255 - AIN/IT/2015]
Reduced rate of tax has been offered for income from hatchery as stated
below
4. Residential status
[Section – 2(55)]
Individual – An individual will be a resident in any income year if he fulfills any of the
following two conditions
XX If he stays in Bangladesh for a period of, or for a period amounting in all to, one
hundred and eighty two (182) days or more in that year or
XX For a period of, or periods amounting in all to, ninety (90) 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(365) days or more during four years preceding
that year.
Hindu Undivided Family, Firm, Other Association of Persons – Such persons will
be resident if its control and management of affairs is situated wholly or partly in
Bangladesh in the income year.
Company - A company will be resident if the management of its affairs is situated
wholly in Bangladesh in the income year.
Resident assessee Non-resident assessee
Total income = Global income Total income = Bangladeshi income
(income received, (income received,
accrued, arising or deemed to be received, accrued, arising or deemed to be
accrued, arising in received, accrued, arising in
Bangladesh + income accrued or arising Bangladesh)
outside Bangladesh)
For the purpose of computation of total income and charge of income tax, all incomes
shall be classified and computed under the following heads of income –
a) Salaries
b) Interest on securities
c) Income from house property
d) Agricultural income
e) Income from business or profession
f) Capital gains
g) Income from other sources
Overtime
Perquisites include the following as per section - 2(45), 30(e) and Rule - 33A-33J:
Any benefits other than the items included under salary shall be considered as
perquisites. Examples of perquisites are:
XX Dearness allowance
Based on various provisions of Income Tax Ordinance, 1984 and Rule – 33A to Rule – 33J
of Income Tax Rules, 1984 the following elements will be included while computing
income from salary –
XX Basic salary
XX Dearness allowance
XX Overtime
XX Bonus
XX House rent allowance receivable in cash: amount in excess of 50% of basic salary
or BDT 25,000 per month whichever is less [Rule – 33A]
XX Rent free accommodation: rental value of accommodation or 25% of basic salary,
whichever is less [Rule – 33B]
XX Accommodation at a concessional rate: rental value of accommodation or 25% of
basic salary - rent actually paid [Rule – 33B]
XX Conveyance allowance receivable in cash with no conveyance facility: amount in
excess of BDT 30,000 [Rule – 33C]
XX Conveyance provided for personal or private use: 5% of basic salary or BDT
60,000, whichever is higher [Rule – 33D]
XX Additional conveyance allowance along with conveyance facility: 5% of basic
salary or BDT 60,000, whichever is higher + conveyance allowance received [Rule
– 33E]
XX Free or concessional passage for travel abroad or within Bangladesh: [Rule – 33G]
-- If provided in accordance with terms of employment: amount in excess of
actual expenditure
-- If not provided in accordance with terms of employment: entire amount
-- If travel abroad is availed more than once in two years: the entire amount
XX Entertainment allowance: entire amount (nothing to be added for free tea,
coffee, beverages) [Rule – 33H]
XX Medical allowance: amount in excess of 10% of basic salary or BDT 120,000
annually, whichever is less [Rule – 33I]
XX Gratuity: amount in excess of BDT 2 crore 50 lakh (6th Schedule, Part – A, Para – 20)
8. Interest on securities
[Section – 22, 23]
The following income are classifiable under the head interest on securities –
House property consists of building, appurtenant land, furniture, fixture, fittings etc.
Income from house property whether used for commercial or residential purposes is
taxable on the basis of its annual value.
Definition of Annual Value [Section – 2(3)]: Annual value refers to the higher of (a)
the sum reasonably expected from letting out any house property from year to year
or (b) any sum received as annual rent from such house property.
Any person receiving any sum or aggregate of sums exceeding BDT 25,000 per month
as rent of any house property is required to maintain a bank account in any scheduled
bank for the purpose of depositing such rent or any advance received or receivable
from such house property. He/she shall also maintain a separate register and record
regarding particulars of the tenant or tenants and the sum or sums received.
XX ny income derived from any land in Bangladesh and used for agricultural
A
purpose:
-- By means of agriculture
-- By performance of any process ordinarily employed by a cultivator to render
the produce of such land as marketable
-- By sale of the produce of the land raised by the cultivator, in respect of
which no process (other than ones to render the produce of such land as
marketable) has been performed
-- By granting a right to any person to use the land for any period
XX Any income derived from any building which:
-- Is occupied by the cultivator of any such land as referred above in which any
process to render any such produce as marketable is carried on
-- Is on or in the immediate vicinity of such land
-- Is required by the cultivator as the dwelling house or store-house or other
out-house by reason of his connection with such land
The following income of an assessee is assessable under the head agricultural income –
XX Agricultural income as defined in Section – 2(1)
XX Income from sale of machinery or plant used for agricultural purpose as referred
to in Section - 19(17) [Sale proceed - (orginal cost - written down value)]
XX Receipt of insurance, salvage or compensation money for machinery or plant used
for agricultural purpose as referred to in Section - 19(19) [Insurance / salvage
/ compensation received – ((Original cost – Written down value) – Scrap value]
XX 60% of income derived from sale of tea grown and manufactured in prescribed
manner [Rule – 31]
XX Income from sale of rubber, tobacco, sugar or any other produce grown and
manufactured in prescribed manner [Rule – 32]
However, agricultural income upto BDT 200,000 of an assessee (having agriculture as
only source of income) is exempted from tax.
The following income of an assessee is assessable under the head income from
business or profession –
Normal depreciation
Sl. Class of asset rate of WDV except as
otherwise indicated
1 Buildings (General) 10%
2 Factory buildings 20%
3 Furniture & fittings 10%
4 Office equipment 10%
24 Fly over 2%
Period
Applicable for Rate
allowed
• Resident cellular mobile phone operator company For the Proportionate
period of amount in
• Paying Spectrum Assignment fees, GSM license permission each year of
fees, license acquisition fees or license renewal permission
fees as license fees before or after 1 July, 2012
XX Stock-in-trade (except for stocks and shares), consumable stores or raw materials
held for business and profession
XX Movable personal effects including wearing apparel, jewellery, furniture, fixture,
equipment, and vehicles that are used for personal use only
Any profits or gains arising from transfer of a capital asset (both movable and
immovable) as defined in Section - 2(15) of the ITO, 1984 is chargeable to income
tax in accordance with the Second Schedule, Para – 2.
Income from capital gain is taxable on the basis of the full value of consideration
received or accrued from the transfer or fair market value, whichever is higher.
The following deductions are permissible in determination of income from capital gain:
The following income of an assessee is assessable under the head income from other
sources –
XX Dividend
XX Interest
XX Royalties
XX Fees for technical services
XX Income from letting of machinery, plant or furniture and inseparable building
28 50% of [Value of motor car / jeep purchased Income from Section - 19(27)
or hired – 10% of (paid-up capital + reserve + Other Source
accumulated profit)] of a company
Minimum tax on individual, Hindu undivided family and other association of persons is
charged on the basis of location. An assessee with taxable income exceeding exemption
limit (male: BDT 250,000; female, persons aged 65 years & above: BDT 300,000;
physically challenged person: BDT 375,000; gazetted war wounded freedom fighters:
BDT 425,000) shall pay minimum tax based on their location as stated below -
Every firm having more than gross receipts of BDT 50 lakh is liable to pay minimum
tax at 0.30% of gross receipts from all sources for the income year.
Surcharge will be applicable at the following rates on net tax payable by individual
assesses having net wealth according to the following slabs –
A person who is a non-resident is liable to pay tax on the income, profits and gains
which are received; deemed to have been received; deemed to accrue or arise to
him / her in Bangladesh.
A non-resident Bangladeshi (NRB) is subject to pay tax at 6 tier income and tax rate
as applicable for a resident assessee.
A non-resident Bangladeshi is entitled to tax relief and tax rebate that are admissible
to a resident assessee.
A non-resident foreigner assessee is liable to pay tax on his total income at 30%
[Second Schedule]. The maximum limit of exempted income from tax is not
applicable for such an assessee.
A non-resident foreigner assessee is not entitled to any sort of tax relief and tax
rebate that are admissible to a resident assessee.
[Section – 16CCC]
Gross receipts for minimum tax purpose will constitute the following -
[Section – 16B]
[Section – 16C]
Applicable
Sl Applicable for Rate of tax Reference
zone
1 Salaries including salaries of Average rate RZ Sec - 50
Government employee applicable to
assessee based on
personal tax rate
structure
2 Discount on real value of Higher of maximum LTU Sec – 50A
Bangladesh Bank bills rate or applicable
rate
All taxes deducted or collected (except for the following cases) in accordance with
Chapter – VII: Section - 48 to 63 shall be paid to the credit of the Government by
electronic payment or income tax challan within 2 weeks from the end of the month
Tax deducted or collected in respect of the above mentioned cases, the deducting
authority has to issue a cheque equivalent to the deducted amount in favor of the
concerned DCT and hand it over to the person from whom the tax has been deducted
or collected at source. Such person is responsible to deposit the cheque through
income tax challan to Bangladesh Bank or Sonali Bank.
TDS Section
Sl. Sources of tax deduction or collection
Reference
1 Payment on account of supply of goods or execution of Sec - 52
contract
2 Payment on account of royalty, fees for technical services Sec - 52A(2)
3 Commission from clearing and forwarding agency business Sec - 52AAA
4 Value of banderols computed on account of manufacturer of Sec – 52B
cigarettes
5 Compensation against acquisition of property Sec – 52C
6 Amount received on account of sale of rental power by Sec – 52N
rental power companies
7 Amount received as interest from saving instruments Sec – 52D
8 Amount of tax collected from travel agent Sec – 52JJ
9 Salaries of a foreign technician serving in a diamond cutting Sec – 52O
industry
10 Amount received by International Gateway (IGW) services Sec – 52R
operator or Interconnection Exchange (ICX) in respect of
international phone call
However final discharge of tax liability shall not be applicable for a contractor or
sub-contractor of an oil company, oil marketing companies and its dealer or agent
excluding petrol pump station, any company engaged in oil refinery and any company
engaged in gas transmission or gas distribution.
The rules of set-off and carry forward of any loss incurred is summarized below -
Carry forward to
set off against Limitations for
Head of income Set-off
following years’ carry forward
income
Income from salary N/A N/A N/A
Interest on Against income from Cannot be carried N/A
securities any other head forward
Income from house Against income from Cannot be carried N/A
property any other head forward
Agricultural Against income from Set off against Time limit:
income any other head except agricultural 6 successive
for income from capital income years
gain
Amount Limit:
None
Income from Against income from Set off against Time limit:
business or any other head except income from 6 successive
profession for income from same business or years
• House profession
property Amount Limit:
• Capital Gain None
Income from Against any other Set off against Time limit:
speculation income from income from 6 successive
business speculation business speculation years
Cannot be set off business
against any other head Amount Limit:
of income None
Capital gains Against any other Set off against Time limit:
income from capital capital gain 6 successive
gain years
Cannot be set off
against any other head Amount limit:
of income Amount
exceeding BDT
5,000
However any loss in respect of any income from any head shall not be set-off against
any income from manufacturing of cigarettes.
However carried forward business loss and loss in speculation business shall be set-
off before carried forward depreciation allowance is given effect in any year.
XX Every person whose total income during an income year exceeds the exemption
limit (i.e. the maximum amount which is not chargeable to tax) and every person
(irrespective of his income in the income year) who was assessed to tax for any
of the preceding three years shall furnish a return of his income along with such
other particulars as may be prescribed. Moreover the following persons are also
required to file a return of income –
-- Who resides in a city corporation or paurashava or divisional headquarters or
district headquarters and owns a motor car or is a member of a club registered
under VAT Act 1991
-- Who runs any business or profession having trade license from a city
corporation, a paurashava or a union parishad; and operates a bank account
-- Who is registered with a recognized professional body as a doctor, dentist,
lawyer, income tax practitioner, chartered accountant, cost and management
accountant, engineer, architect, surveyor or any other similar profession
-- Who is a member of a chamber of commerce and industries or a trade
association
-- Who is a candidate for an office of any paurashava, city corporation or a
Member of Parliament
-- Who is a participant in a tender floated by Government, semi-Government,
autonomous body or local authority
-- Who is a non-Government organization registered with NGO Affairs Bureau
XX Every company is required to file a return of income or return of any other person
for whom it is assessable.
XX Every individual is required to furnish the following statements (prepared in
prescribed form and verified in prescribed manner) accompanying the return of
income –
-- Particulars of his lifestyle
-- Particulars of total assets, liabilities and expense in respect of himself, his
The return of withholding tax shall be filed using the form prescribed in Rule – 24A.
The return has to be verified and signed off by the principal officer of the company
and accompanied by a statement of deduction or collection of tax and copy of
treasury challans or pay orders.
If a company required to deduct, collect or pay to the credit of the Government tax,
The amount of tax to be payable by him/her would be higher of (a) tax on the basis
of such return and (b) minimum tax liability as per Section - 16CCC, reduced by
the amount of any tax deducted from his/her income and any tax paid by him in
accordance with Chapter – VII: Payment of tax before assessment.
An assessee is required to pay advance tax in a financial year, if he/she has total
income exceeding BDT 400,000 in the latest income year in respect of which he/she
has been assessed on regular basis or provisionally. If a person, who has not been
assessed previously by the way of regular assessment, estimates his/her income to
exceed BDT 400,000 in the income year, he/she is required to pay advance tax.
Amount of advance tax payable = Total income of the latest income year as assessed
on regular basis or provisionally x Rates in force in the respective financial year –
Amount of TDS
If a person liable to pay advance tax estimates that his/her tax liability in the
relevant assessment year would be less than the advance tax liability, he/she may
submit estimation of his/her tax liability and pay reduced advance tax accordingly.
However if the payment does not exceed BDT 10,000, then it can be made through
treasury challan.
The DCT can make a provisional assessment of tax in a summary manner at any time
after 1 July of the concerned income year, based on the following –
Where a return or revised return is filed fulfilling certain conditions and the DCT
is satisfied that the return is correct and complete without requiring the presence
of the assessee or production of any evidence, he will assess the total income
and determine the tax payable on the basis of such return and communicate the
assessment order to the assessee within 30 days.
The DCT may fix tax payable by an assessee (except for a company), who has not
previously been assessed and carries on any business or profession in any shopping
center or commercial market or has a small establishment. The receipt obtained for
payment of tax in such case would be considered as assessment order.
When a DCT is not satisfied with the correctness and completeness of a return or
revised return, he shall serve a notice requiring the presence of the person filing the
return for hearing or production of evidence supporting the return.
Within 30 days of the hearing and consideration of evidence, the DCT shall assess the
income and determine the amount of tax and communicate the order within 30 days
of such assessment.
If the Board has reasonable cause to believe that a return or revised return filed
by a company is incorrect or incomplete, it may appoint a registered Chartered
Accountant to examine the accounts of the assesse.
The Chartered Accountant shall submit a report of findings to the Board. The DCT
shall assess the total income and determine the tax liability based on the report of
the Chartered Accountant, other evidences and hearing of the assessee.
The DCT shall assess the total income and determine the tax liability as per his best
judgement in the following cases –
TAX INCENTIVE
There are broadly three categories of tax incentives that are provided to the
assessees by the Government with the aim to reduce their tax burden, promote
ethical and transparent tax practice and encourage investment. The categories are
tax exemption, reduced rate of tax and tax rebate.
8 Autonomous public utility All income except for 25% Not specified
providers capital gain
[SRO – 158 – AIN / IT / 2014]
The following table summarizes the areas, investment in which will be eligible for
tax credit as per Sixth Schedule, Part – B.
The CSR activities for which a company may avail tax rebate facilities are listed
below
Special tax treatment benefit has been given to persons who have income with
unexplained source. If such persons invest in the following areas and pay tax at
certain rates before the assessment of the relevant year, the source of invested
amount would be deemed explained.
The Government of Bangladesh may enter into an agreement with the Government
of other countries for the avoidance of double taxation and prevention of fiscal
evasion with respect to taxes on income leviable under the ITO, 1984 and also under
corresponding law of such other countries. Under the DTA agreement, each dominion
determines the total income of an assessee in the ordinary way under its own laws.
However each country is entitled to retain tax in respect of the source of income
or categories of transactions which are specified in the agreement, at the rates
embodied in the agreement.
At present, Government of Bangladesh has entered into agreement for the avoidance
of double taxation with the following 32 countries –
In Bangladesh, regulations of transfer pricing enacted from the Fiscal Year 2012-2013.
Int’l transactions No
are on arm’s DCT refers the return to TPO
length price
Yes
TPO computes the arm’s length
Transfer pricing adjustment price using appropriate method
is not required and sends back to DCT
[Section - 107C]
Under resale price method, normal gross margin is subtracted from the price
that would have been obtained from an independent enterprise. Then some
Under cost plus method, cost base for international transaction is determined
considering direct and indirect cost incurred for supply of goods or provision
of service. Then comparable profit markup after adjustment of certain factors
is added to the cost base to determine the arm’s length price.
Under the profit split method, the portion of common profit that would be
expected to be earned from comparable uncontrolled transactions is allocated
to controlled transactions of the participating enterprises. Each of the associated
enterprise is allocated a basic return based on the basic functions they perform
as determined with reference to the market returns earned by independent
enterprise in similar transactions. The basic return does not account for the use
of unique assets of the associated enterprises. The residual profit attributable to
the unique asset is calculated by deducting the sum of basic returns allocated
to associated enterprises from the combined profit. Then the residual profit is
allocated to the associated enterprises based on the relative contribution. Such
allocated profit is considered the arm’s length price.
Under the net profit margin method, net profit margin is computed in
respect of international transactions, both in associated enterprises and in
independent enterprises regarding the same appropriate base such as costs,
sales or assets. Then appropriate adjustment is given to the net profit margin
earned by an independent enterprise to adjust the differences. Finally, the
adjusted net profit margin is applied to the appropriate bases to arrive at the
arm’s length transaction.
Any other appropriate method may be used to determine the arm’s length
price which yields consistent result with the arm’s length price.
With prior approval of the Board, DCT may refer to Transfer Pricing Officer (TPO)
for determination of arm’s length price of any international transaction. TPO
shall serve the assessee a notice to submit relevant evidence in relation to the
international transaction in question. Considering all evidence produced to
him and other relevant information gathered by him, the TPO shall determine
arm’s length price and shall send a copy of his order to the DCT. Then the DCT
shall compute the total income of the assessee considering arm’s length price
computed by the TPO in relation to international transaction.
Every person having international transaction shall keep and maintain the
following information, documents and records provided that the aggregate value
of international transactions exceeds BDT 3 crore in the particular income year –
16 Failure to pay tax on the basis Maximum 25% of of unpaid tax Sec – 127
of return under Section – 74
17 Concealment of income 15% of the tax evasion Sec – 128
If concealment detected after
1 year: Additional 15% for each
preceding year
SUMMARY OF
VALUE ADDED TAX
According to the Section - 3(1) of the Value Added Tax Act, 1991, 15% VAT is imposed
on following goods and services –
XX All goods imported or supplied in Bangladesh, except for those stated in the First
Schedule of the VAT Act, 1991
XX All services provided or imported in Bangladesh, except for those stated in the
Second Schedule of the VAT Act, 1991
However zero rate tax shall be imposed on following goods and services –
XX Any goods or services exported or deemed to have been exported from Bangladesh
XX Food and other things supplied in accordance with Section - 24 of the Customs
Act, 1969 to any transport leaving Bangladesh, for consumption in the transport
outside Bangladesh
Provided that provisions of zero rate tax shall not be applicable in the following
cases –
XX oods that have been presented for export in accordance with Section - 131 of
G
the Customs Act, 1969 but have not been exported within 30 days of submission
of the bill of export or such extended time(if any) allowed by the Commissioner.
According to Section - 3(3) of the Value Added Tax Act, 1991, VAT shall paid by –
XX In the case of imported goods, the importer of the goods imported at import
stage
XX In the case of service providing from outside the territory of Bangladesh, service
receiver
XX Government organization
XX Semi-Government organization
XX Autonomous organization
XX NGO
XX Bank
XX Insurance
XX Financial Institutions
XX Limited company
XX Educational Institutions
XX Any enterprise having annual turnover of more than BDT 1 crore
SRO – 124 -
Ain/2015/730
–Mushak dated 04
June, 2015
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The value of property under gift (other than cash) shall be the value which, in the
opinion of the Deputy Commissioner of Taxes, it would fetch if sold in the open
market on the date of gift. When a property is not saleable in the open market and
such value cannot be determined, its value will be determined according to the rules
prescribed for the purpose. Methods of valuation of gift have been provided in the
Section - 5 of the Gift Tax Act, 1990.
As per Section – 20, provisions of the Gift Tax Act, 1990 shall not apply to gifts made
by following persons –
As per Section – 4 of the Gift Tax Act, 1990, gift tax shall not be charged in respect
of the following gifts made by any person –
Gift tax is imposed at a 4 tier progressive rate. The value of taxable gift with
corresponding gift tax rate are quoted below –
Every person who had made taxable gift during any financial year of an amount as to
render him liable to gift tax under the Gift Tax Act, 1990, shall before 15 September
of the corresponding assessment year furnish a return to the Deputy Commissioner
of Taxes in the prescribed form and in the prescribed manner. Tax on the basis of the
return is payable on or before the date on which such return is furnished.