Beruflich Dokumente
Kultur Dokumente
https://www.bdo.global/en-gb/home
Bangladesh Tax Handbook
2017 - 2018
Foreword
Taxation is an arena that impacts every walk
of life–from individuals to big corporates and
conglomerates. Being up to date on relevant
taxation laws gives anyone an upper hand in
ensuring legal compliance along with avoidance
of excessive taxation.
The Bangladesh Tax Handbook 2017 - 2018
summarizes the salient features of the laws and
rules of Income Tax, Value Added Tax and Gift Tax
and any changes brought to them through the
Finance Act, 2017 (effective from 1 July 2017).
It has been our humble effort to express the
intricate provisions of various taxation laws in
layman’s words to make it easily comprehendible.
This publication is intended to provide general Editorial Board
guidance, rather than a comprehensive one,
Baizid Md. Faiaz, MBA
on matters of conventional interest of our Sushmita Noor, BBA
valued clients, business houses and potential
investors. We have given our every effort to Advisory Board
ensure correctness of information and accuracy Nurul Haque, FCA
of presentation of the matters presented in Faruk U. Ahammed, FCA
this book. However, readers should always Nehal Ahmed, FCA
seek professional advice before acting on any Md. Shamsur Rahman, FCA
information provided in this tax handbook. Md. Roknuzzaman, ACA
www.bdo.com.bd/bcs
INCOME ............................................................................................ 21
4. Residential status...........................................................................21
5. Scope of total income......................................................................21
6. Heads of income.............................................................................22
7. Income from salary..........................................................................22
8. Interest on securities.......................................................................25
9. Income from house property..............................................................25
10. Agricultural income.........................................................................26
11. Income from business or profession......................................................28
11.1 Admissible deductions...............................................................28
11.2 Deductions not admissible in certain circumstances............................31
11.3 Normal depreciation allowance....................................................33
11.4 Initial depreciation allowance......................................................34
11.5 Accelerated depreciation allowance..............................................35
11.6 Amortization of license fees........................................................35
12. Capital gains.................................................................................36
13. Income from other sources................................................................37
14. Deemed income.............................................................................38
ASSESSMENT .......................................................................................73
28. Provisional assessment.....................................................................73
29. Assessment on correct return.............................................................73
30. Universal self-assessment..................................................................73
31. Spot assessment.............................................................................74
32. Assessment after hearing..................................................................74
33. Assessment on the basis of report of a Chartered Accountant.......................75
34. Best judgement assessment...............................................................75
35. Other assessments..........................................................................75
TRANSFER PRICING..............................................................................116
44. Transfer pricing............................................................................ 116
44.1 Computation of arm’s length price.............................................. 116
44.2 Maintenance and keeping of information, documents and records ........ 117
44.3 Submission of statement of international transaction ....................... 118
44.4 Report from an accountant to be furnished.................................... 118
44.5 Procedure from record keeping to submission of return..................... 119
44.6 Assessment procedure............................................................. 120
1.14 Delay interest for not filing return on or before the Tax Day [Section – 73A]
The explanation of ‘tax assessed on total income’ has been amended to
provide clarification regarding the amount on which amount delay interest
will be imposed. If the return of income filed is subject to assessment
under Section – 82BB, the tax assessed on total income will be higher of
(a) tax under Section – 82BB(1) and (b) tax under other sub-sections of
Section – 82BB.
1.27 Limit on deemed actual cost for motor vehicles in certain cases [Third
Schedule, Para – 6]
A new proviso has been added scoping out bus or minibus, not plying
for hire and used for the purposes stated below, from the limit of Tk.
2,500,000 on deemed actual cost in calculation of depreciation
ff Transporting students and teachers of an educational institution
ff Transporting employees of a business or profession
The actual cost of purchase will be used for calculation of depreciation
for such cases.
1.31 Tax benefits for PPP projects [SRO – 208 - AIN / IT / 2017; SRO – 209 -
AIN / IT / 2017; SRO – 210 - AIN / IT / 2017]
Tax benefits have been introduced for the following 14 PPP projects
through 3 separate SROs –
ff National highways, expressways, related service roads; flyovers;
elevated and at-grade expressways; river bridges; tunnels; river
port; sea port; airport; subway; monorail; railway; bus terminals,
bus depots, elderly care home
The tax benefits provided are stated below –
ff Income from such projects (income from business or profession):
Fully exempted for 10 years from the start of commercial operation
ff Capital gains form transfer of company’s share: Fully exempted for
10 years from the start of commercial operation
ff Royalties, technical know-how and technical assistance fees
payable: Fully exempted for 10 years from the start of commercial
operation
ff Income of expatriate technicians from working in such project
(income from salary): 50% exemption for 3 years from appointment
date (not applicable after 5 years of commencement of commercial
activities of the company)
1.32 Reduced rate of tax deducted at source for export [SRO – 256 – AIN /
IT / 2017]
The rate of tax to be deducted at source from export of certain items
(except for jute goods) under Section – 53BB and goods under Section –
53BBBB has been reduced to 0.70% from 1% for the period of 1 July 2017
to 30 June 2018.
1.33 Reduced rate of tax on income from export of knit wear and woven
garments [SRO – 255 – AIN / IT / 2017]
The knit wear and woven garments industry has been given the benefit of
reduced rate of tax on income from export of such goods as stated below –
ff For company: 12%
ff Company having internationally accredited Green Building
Certification for its factory: 10% for the respective year
ff For other assessees: Highest rate will be 12%
This reduced rate will be applicable for assessment year 2017 – 2018.
4. Residential status
[Section – 2(55)]
Individual – An individual will be a resident in any income year if he / she fulfills
any of the following two conditions -
If he / she stays in Bangladesh for a period of / periods amounting in all to
182 days or more in the income year, or
If he / she stays in Bangladesh for a period of / periods amounting in
all to 90 days or more in the income year as well as for a period of /
periods amounting in all to 365 days or more during four years preceding
the income year
Hindu Undivided Family, Firm, Other Association of Persons – Such persons will
be resident if their 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.
As per Sixth Schedule, Part - A of ITO, 1984 and Rule – 33I of Income Tax Rules,
1984, following incomes from salary will be exempted from tax –
Any special allowance, benefits or perquisite specifically granted to meet
official expenses [Para – 5]
Pension received [Para – 8]
Gratuity received up to Tk. 2 crore 50 lakh [Para – 20]
Any receipt from a provident fund (under Provident Fund Act, 1925),
recognized provident fund, superannuation fund or up to Tk. 50,000 from a
workers participation fund (under Bangladesh Labour Act, 2006) [Para – 21]
Interest on recognized provident fund up to 1/3 of salary (basic salary + dearness
allowance) or interest at 14.5% per annum whichever is less [Para – 25]
8. Interest on securities
[Section – 22, 23]
The following income are classifiable under the head interest on securities –
Interest receivable on any Government security or any Government
approved security
Interest receivable on debenture or other securities of money issued by or
on behalf of a local authority or company
Any person receiving any sum or aggregate of sums exceeding Tk. 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 will also maintain a
separate register and record regarding particulars of the tenant or tenants and
the sum or sums received.
The exemption limit for parents of any person with disability is Tk. 275,000
for father and Tk. 325,000 for mother. However only one parent can enjoy the
benefit of the increased exemption limit.
However minimum surcharge has been fixed at Tk. 3,000, if the value of
net wealth of an individual assessee exceeds Tk. 2.25 crore.
Deduction or collection of tax from the following sources has been scoped
out from minimum tax –
Contractor / subcontractor of an oil company
Oil marketing company, dealer or agent of such company
(excluding petrol pump station)
Company engaged in oil refinery
Company engaged in gas transmission or gas distribution
Import of raw material by an industrial undertaking for its own
consumption
Interest or share of profit on savings deposit or fixed deposit where
the recipient is not a public university; an educational institution
whose teachers are enlisted for Monthly Pay Order; professional
institute run by ICAB, ICMAB or ICSB; any fund
Determination
Determination
Determination
of regular tax
of minimum
tax liability
Ultimate tax
of income
Reference
liability
liability
Regular source Regular At Gross Higher Section
manner regular receipt of (a) – 82C
rate from such minimum (3)(a);
sources tax 82C (4)
x Rate of liability (b)(i)
minimum and (b)
tax regular
based on tax
class of liability
assessee
Income under Regular At ap- Amount Higher Section
Section - 52, manner plicable of tax of (a) – 82C
52A, 52AAA, rate deducted minimum (2)(a);
52B, 52JJ, 52N, or tax 82C
52O, 52R, 53, collected liability (2)(b);
53AA, 53B, 53BB, at source and (b) 82C
53BBB, 53BBBB, regular (2)(d);
53C, 53CCC, 53E, tax 82C (2)
53EE, 53F(1)(a), liability (e)
53F(1)(b), 53FF,
53G, 53GG, 53M,
53N, 55
Income /
loss from
such
sources
cannot
be set off
against
loss /
income
(respec-
tively)
from
regular
sources
Determination
Determination
Determination
of regular tax
of minimum
tax liability
Ultimate tax
of income
Reference
liability
liability
― Compensa- Amount Amount Not appli- Amount Section
tion against on of tax cable of tax – 82C
acquisition which deduct- deducted (2)(d);
of property tax is ed or or col- 82C (2)
by Govern- deduct- collect- lected at (e)
ment [Sec- ed or ed at (Amount source is
tion – 52C] collect- source of tax the ulti-
ed at deducted mate tax
― Interest source or col- liability
on savings lected at
instruments source is
[Section – the final
52D] discharge Income /
of tax loss from
― Export cash liability) such
subsidy sources
[Section – cannot
53DDD] be set off
against
― Interest loss /
on savings income
deposit or (respec-
fixed deposit tively)
received by from
certain enti- regular
ties [Section sources
– 53F(1)(c),
53F(2)]
― Transfer of
property
[Section –
53H]
Determination
Determination
Determination
of regular tax
of minimum
tax liability
Ultimate tax
of income
Reference
liability
liability
Sources subject Regular As per Gross Higher of Section
to exemption of manner exemp- receipt (a) mini- – 82C
tax or reduced tion from such mum tax (4)(b)
rate of tax provi- sources liability (ii)
sion / x Rate of and (b)
at ap- mini- regular
plicable mum tax tax liabil-
reduced based on ity
tax rate class of
assessee
x [(1 - Ex-
emption
rate)] or
[ Reduced
tax rate
/ Regular
tax rate]
The total tax liability of an assessee from all the sources of income will be
the aggregate amount of the ultimate tax liabilities on all of such sources.
[Section – 82C (3)(b)].
Base amount
exceeding Tk. 25
lakh: 12% of base
amount
Payment to a resident for Base Base Dhk - 14 Sec -
the following services (Point amount amount 52AA
10 - 29) up to exceed- Ctg – 2
Tk. 25 ing Tk.
lakh 25 lakh Other -
RZ
However any loss in respect of any income from any head will not be set-off
against any income from manufacturing of cigarettes, biri, jarda, chewing
tobacco, gul, smokeless tobacco or any other tobacco products.
Filing of return of income is not mandatory for the following persons. However
they can file return of income voluntarily
Educational institution receiving Government benefits under Monthly
Payment Order (MPO)
Public university
Fund
Any class of persons which the Board, by order in official gazette, exempt
from filing the return
The return of income will be filed using the forms prescribed in Rule – 24.
Individual assessees are required to furnish the following statements as per
Section – 80 (prepared in prescribed form and verified in prescribed manner)
accompanying the return of income –
Statement of assets, liabilities and expenses (including those of spouse,
minor children and dependents if they are not assessee)
Statement of expenses relating to lifestyle
Every return has to be filed on or before the tax day. Thus the last date of filing
return for all assessee (except for a company) is 30 November following the end
of income year. The last date of filing return for a company is 15th day of the 7th
month following the end of income year or 15th day of September following the
end of income year whichever is later.
Interest on securities
Photocopy of bond or debenture purchased during the year
Certificate from interest providing authority in case of interest income
Certificate from bank or bank statement in support of loan
interest, if loan is taken for purchase of bond or debenture
Payment of tax
Copy of treasury challan / pay-order / bank draft / account payee
check
Certificate of deduction from deducting authority, if tax is paid
at source
The return of withholding tax will be filed using the form prescribed in Rule – 24A.
The return has to be signed and verified in the prescribed manner and accompanied
by prescribed schedules, statements, accounts, annexures or documents.
The rate of tax is 50% higher for each additional motor car owned
individually or jointly by if the owner.
The following persons are not required to pay advance tax for owning a
motor car –
Government and local Government
Project, program or activity under the Government and the local
Government
Foreign diplomat, diplomatic mission in Bangladesh, United
Nations and its offices
Development partner of Bangladesh and its affiliated office or offices
Educational institution under the Monthly Payment Order of the
Government
Public university
Entity that is not a person as defined under Section - 2(46)
Gazetted war-wounded freedom fighter
Institution that has obtained a certificate from the Board that
advance tax will not be collected from it
ASSESSMENT
There are broadly three categories of tax incentives that are provided to the assessees
by the Government with the aim 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.
[Section – 46B]
[Section – 46B]
[Section – 46C]
4. ― Industries established on or Income from 100% First 2
after 1 January, 2012 in the such industry years
Export Processing Zones
of Dhaka and Chittagong
divisions (except in 50% Next 2
Bandarban, Rangamati years
& Khagrachhari); as
mentioned in the
Bangladesh Export
Processing Zones Act, 25% Next 1
1980 (Section - 10) or the year
Bangladesh Private Export
Processing Zones Act, 1996
A company cannot charge such CSR expenditure as expense in the profit or loss
account. Moreover has to fulfil the following conditions to claim rebate against
the above mentioned CSR activities –
Must pay salaries and allowances to its employees regularly and must have
waste treatment plant if it is involved with the production of industrial
goods
Must pay income tax, VAT and duty timely and must repay institutional
loans
Can only donate money to the institutions recognized by the Government
for the purpose of CSR
Must fulfil all rules as per Bangladesh Labour Act, 2006
Must pay the donations through banking channel
Yes Such No
transactions
are at arm’s
length basis
Submits
(a) Statement of international transactions and
(b) Report from a Chartered Accountant / Cost and Management
Accountant (if required by DCT, where the aggregate value of
international transaction exceeds Tk. 3 crore)
Yes No
No adjustment to the
transfer price required ― DCT determines the arm’s
length price in accordance
with the provisions of the
Ordinance; or
― DCT refers the
DCT computes the
determination of arm’s
total income of the
length price to the Transfer
assessee considering
Pricing Officer (TPO)
the arm’s length price
determined