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The Income Tax Act grants the Minister of Finance significant power to
recover income tax that is owed to Inland Revenue. The most recent
amendments to the Income Tax Act in this regard has far reaching
implications for people other than the taxpayer. Since 30 December 2015
these powers have been strengthened and, if exercised by Minister, will
ensure that tax debts are recovered successfully. Should Inland Revenue not
be successful to recover tax debt from the taxpayer itself, the Income Tax
Act empowers the Minister of Finance to make an arrangement with another
person to recover outstanding tax, interest and penalty on behalf of Inland
Revenue on terms and conditions as agreed with such person. The Minister
of Finance or an official that has been appointed by the Minister may issue a
notice to any person who owes the taxpayer any money to settle the
taxpayer‘s tax debt.( G.P Koirala 2011)
The Income Tax Act specifically provides examples of persons who may be
issued with such a notice. They include pension funds and the taxpayer’s
employer in respect of salary or other remuneration. Inland Revenue has
recently issued commercial banks with instructions to pay money that the
taxpayer has in a bank account at the bank to Inland Revenue to reduce the
tax liability of the taxpayer. Any person who is unable to comply with the
notice issued by Inland Revenue should provide reasons to Inland Revenue
why the requirements of the notice cannot be complied with. The person
must pay the money held on behalf of the taxpayer to Inland Revenue in
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terms of the notice received. If the person parts with the money contrary to
the requirement of the notice, the person will be personally liable to pay the
money parted with to Inland Revenue. Banks, retirement funds and
employers should therefore not ignore these notices and ensure that the
taxpayer is aware of contents of the notice issued by Inland Revenue. It is in
the interest of the taxpayer and the person who holds funds for the taxpayer
that the tax debt owing to Inland Revenue is verified and settled so that these
situations can be avoided. A person who is part of the financial management
of a taxpayer who has tax debt owing to Inland Revenue is personally liable
for the taxpayer’s tax debt if negligence or fraud is the cause that tax owing
to Inland Revenue has not been paid. A very good example of negligence is
where employees’ tax is deducted from the salaries of employees but the
employer fails to pay the tax deducted to Inland Revenue as required in the
Income Tax Act. (I.R. Bhattarai 2011)
The failure to pay the employees’ tax deducted from employees to Inland
Revenue is an act of negligence and the financial director or manager of a
company could be held personally liable for the tax owing to Inland
Revenue in such a case. To plead poverty as the reason for not paying the
employees’ tax is no excuse. The shareholders of a company or the members
of a close corporation can be held personally liable for the tax debts of the
taxpayer that arose during the period they were shareholders or members.
The Minister of Finance can also file a certified statement at any court to
recover the tax debt of a company or close corporation from any of the
persons referred to in the paragraphs above. The effect of this is that the
assets of such individuals can be confiscated and sold to settle part of the tax
debt owing by a taxpayer. Any person who is connected to a taxpayer that
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owes Inland Revenue any tax and who receives any asset from the taxpayer
without payment or for an amount below the fair market value of the asset
will be liable to settle the tax debt of the taxpayer. The liability of the
connected person is limited to the lesser amount of the tax debt at the time
the asset was received from the taxpayer or the fair market value of the asset
at the time of the transfer of the asset. Any person who assists a taxpayer to
get rid of assets so that the tax owing to Inland Revenue cannot be settled by
the taxpayer will be jointly and severally liable with the taxpayer to settle the
tax amount owing to Inland Revenue. The effect of this is provision is that
you may have to settle another person’s tax liability if you acquire an asset
and thereafter Inland Revenue cannot take possession of the asset to settle
the tax liability. Tax obligations should be settled when due to avoid a
situation where Inland Revenue has to exercise the powers they have such is
never pleasant for anyone. There is wide speculation that Government has
no money.
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iii. What are the Collection of Income tax from Investment in Nepal?
iv. What are the contribution of income tax in GDP of Nepal?
The principal objectives of this very study will be analyze the collection of
income tax on national revenue of Nepal. Other specific objectives of the
study are listed below:
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1.5 Research Methodology
The term will widely use in market research and in medical research. The
principle methodology in medical secondary research is the systematic
review, commonly using meta-analytic statistical techniques, although other
methods of synthesis, like realist reviews and meta-narrative reviews, have
been developed in recent years.
Overall plan of any propose activity will be see in design of the study . A
complete research is accompanied by the effective research design indeed. It
constitutes the procedure, technique and overall frame work of the study.
Basically the data and information of the study will concern with past
phenomenon of the performance. Thus it will be also regarded as historical
research design. The historical method comprises the techniques and
guidelines by which historians use historical sources and other evidence to
research and then to write history. There are various history guidelines
commonly used by historians in their work, under the headings of external
criticism, internal criticism, and synthesis. This includes higher criticism and
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textual criticism. Though items may vary depending on the subject matter
and researcher, the following concepts will usually part of most formal
historical research:
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iv. Books related to income tax and public finance.
v. National and international newspaper, journals, and news , magazines.
vi. Other relevant records and data have been used in this study.
The study covered only selected areas as well as select people as sample
size. The population of the study is the people who come under the income
tax bracket, who will be affect by the tax policy of the government. In order
to fulfill the objectives of this study, the sixty sample size will be selected
from Nepal.
Data and information will be use in this study will be collect from primary
and secondary sources. To get accurate and actual information in time, all
questionnaire will be distribution and collect personally through field visits.
i. As this study will be base on secondary data only and the reliability
entirely depends on it.
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ii. Since the data concerning income tax are inadequate, the problem of
non accessibility of required data and information regarding income
tax may limit the scope of this study.
iii. Sampling error may occur in the study.
iv. Despite these limitations, this study tries to provide valid result as
well as in depth of income tax.
The entire study will be design into five main chapters. Each chapter will
devote to some aspects of the study on collection of income tax on national
revenue.
Chapter - IV: The fourth chapter data presentation and analysis is the main
part of the research. The content of this chapter are resource gap in Nepal,
tax-GDP ratio, Nepalese government revenue structure, composition of tax
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revenue in Nepal, composition of indirect tax revenue, composition of direct
tax revenue, composition income tax, collection of income tax on direct tax
revenue, total revenue and GDP, income tax collection performance in
Nepal, exemption limit and personal and corporate tax rate.
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