Beruflich Dokumente
Kultur Dokumente
Dr. Md. Jahirul Hoque Professor, Faculty of Business Administration Eastern University & Md. Zahid Hossain Bhuiyan Lecture in Management International Islamic University Chittagong & Afzal Ahmad Lecture in Accounting International Islamic University Chittagong
Introduction
The five year plans of the Government of the Peoples Republic of Bangladesh (As for example The First Five Years Plan of Bangladesh, 1973) have indicated that a sizeable number of persons especially the businessmen evade & avoid taxes. As a result, the yield of income tax is very low in Bangladesh as a percentage of Gross Domestic Product.
Afzal Ahmad
International Islamic University Chittagong
Introduction
The following Table 01 presents the picture of collection of Tax Revenue in Bangladesh (in core Taka)
FY 03-04 FY 04-05 FY 05-06 FY 06-07 FY-07-08 FY 08-09 FY-09-10 Averag e
43,309 28,300 31,950 36,175 39,247 48,012 55,526 63,956
8.50
8.62
8.70
8.40
8.86
9.02
9.2
8.75
5270
5850
6960
8924
11005
13538
16560
9729
18.62
18.30
19.24
22.47
22.92
24.38
25.89
21.69
Afzal Ahmad
International Islamic University Chittagong
Introduction
The Table 01 indicates that the average total tax revenue as percentage of GDP during FY 03 to 10 was 8.75 only which seems to be meagre as compared to SAARC countries mainly India, Pakistan and Srilanka. In India, Pakistan & Srilanka, tax GDP ratio was 16.58%, 10.01%, 14.82% respectively during FY 05. The main reason of such a state of affairs was large scale tax evasion and avoidance practices in Bangladesh especially by the businessman e.g. corporate firms individuals and partnership firms.
Afzal Ahmad
International Islamic University Chittagong
Introduction
Therefore, in Bangladesh, tax evasion & avoidance pose to be a serious problem which stimulates the researchers to undertake a mini research on tax evasion & avoidance crimes.
Afzal Ahmad
International Islamic University Chittagong
Main Objective
The main objective of the study is to critically analyze tax evasion and avoidance crimes committed by selected corporate firms operating in Bangladesh.
Afzal Ahmad
International Islamic University Chittagong
Specific Objectives
Main reasons for tax evasion and tax avoidance. Techniques/modes adopted by the corporate firms in evading and avoiding corporate taxes. Identification of the authorities responsible for detecting tax evasion and avoidance crimes and the techniques followed thereof. Identification of the authorities empowered for disposal of the crime cases and their main functions of responsibilities in such respects. Examining the impact of tax evasion and avoidance crimes on the revenue of the Government in particular and the economy of the country, as a whole. Ways and means of preventing tax evasion and avoidance crimes.
Afzal Ahmad
International Islamic University Chittagong
The main limitation of the study is the limited coverage of the samples e.g. only 06 (six) appeal cases and only 16 respondents of two categories such as Tax practitioners and Tax officials. This is because of time and money constraints at the disposal of the researchers, on one hand, and the unwillingness and the busy schedule of the Tax officials, in the other, in order to provide us with more appeal cases and their valued opinions. However, we had to convince the respondents by giving gentlemen word that the names of the corporate firms would not be disclosed in our study and the materials would be used for this study purpose only. However, the analysis of the appeal cases and valued opinions of the learned respondents definitely reflect the picture of tax evasion and avoidance practices in the country.
Afzal Ahmad
International Islamic University Chittagong
Afzal Ahmad
International Islamic University Chittagong
The collected primary and secondary data and information were critically analyzed and interpreted by the researchers themselves in order to make the study more informative and useful to the readers. The findings of the study may be useful to the prospective researchers desiring to make further study on this vital national issue, in one hand, and to the tax planners, on the other, for reforming existing tax laws provisions with a view to alleviating tax evasion and avoidance practices to a great extent.
Afzal Ahmad
International Islamic University Chittagong
2. Secondary data: Secondary data included a total number of 06 (Six) appellate cases belonging to the assessees of corporate firms operating in Bangladesh. These cases were collected by the researchers themselves from the relevant tax officials assuring them that the names of the corporate firms would not be disclosed in the study and these would be used only for this research study. It is to be mentioned here that originally these cases were in Bengali version in a detailed way. But these cases were translated into English version and also summarized under some headings for the study purpose.
Afzal Ahmad
International Islamic University Chittagong
Literature review
1. Tax Planning of Banks Operating in Jordan, Joummah, 1993. The study aimed to find standards to measure the extent of using tax planning by the banks operating in Jordan, and to determine the impact of including a department specialized in tax issues in these banks and also the impact of the banks nationality. 2. Tax Planning of Jordan Industrial Companies Hassen, 1996. The main aims of the study were (i) measuring the extent of conducting tax planning and (ii) measuring the extent of following financial and accounting policies tax planning.
Afzal Ahmad
International Islamic University Chittagong
Literature review
3. Factors Controlling the Pricing Way of the Spent Stock, Shihatta, 1997. The study dealt with the factors that help the administration to choose the right way to price the stock and the impact of tax incentives on choosing the right way of pricing. 4. Tax Planning In Jordan Joint Stock Companies Working in Service sector. Noor and Ibrahem, 1999. The study aimed to recognize the process of tax planning generally and to study the extent of applying it in the companies working particularly in service sector in Jordan.
Afzal Ahmad
International Islamic University Chittagong
Literature review
5. Income Tax Monitoring Means in Yemen Republic, Omer, 1999. The study dealt with tax monitoring in Yemen republic to figure out its weakness points and suggest some means necessary to develop it in order to maintain the rights of public treasury and, on the other, implement tax justice.
6. Addressing tax evasion and tax avoidance in developing countries, GIZ Sector Programme Public Finance, Administrative Reform; 2010.
Afzal Ahmad
International Islamic University Chittagong
Literature review
The findings suggest that there are various reasons and facilitating factors for tax evasion and tax avoidance. In order to develop methods and instruments for fighting tax evasion and avoidance, it is important to establish a broad understanding of the different reasons underlying these problems.
Afzal Ahmad
International Islamic University Chittagong
Appeal Case-I
Afzal Ahmad
International Islamic University Chittagong
Assessee and Assessment Year: The assessee was a company engaged in the manufacture of vegetable oil. The appeal case was related to the assessment year 20052006. Facts of the Case: The relevant DCT added back to the net profit of the company a sum of TK. 65,690 as excessive depreciation in the name of extra shift allowance for double shift only for 100 days. DCT disallowed the amount as excessive depreciation. Appeal and Disposal: The company made an appeal to Appellate Joint Commissioner of Taxes (AJCT) against the decision passed by DCT. After giving necessary hearing to the assessee; the AJCT maintained DCTs addition of TK 65,690 to the net profit of the company for tax purpose. Conclusion: In this case, the assessee tried to evade taxes by charging excessive depreciation in the form of extra shift allowance.
Appeal Case:2
Facts of the Case: The said company received a sum of Tk 5,45,000 (Tk4,00,000 for replacing and repairing the machinery and the balance against the consequential loss of profit) from a Bima Company in the previous year as a claim for damages and loss incurred by the company owing to divesting fire in the factory. But the company treated the whole amount as capital income instead of revenue income thereby showing lower taxable income. The relevant DCT added back TK 45,000 as revenue income. Appeal and Disposal: The company made an appeal to the relevant AJCT against the decision of the DCT. The AJCT maintained the decision of DCT of adding back TK 1, 45,000 to the net profit of the company as revenue income. Conclusion: In this case, the assessee tried to evade taxes by showing revenue income as capital income.
Afzal Ahmad
International Islamic University Chittagong
Appeal Case:3
Afzal Ahmad
International Islamic University Chittagong
Appeal Case:4
Afzal Ahmad
International Islamic University Chittagong
Appeal Case:5
Afzal Ahmad
International Islamic University Chittagong
Appeal Case:6
Afzal Ahmad
International Islamic University Chittagong
Part 1.B. Techniques adopted by the tax payers in evading and avoiding Taxes
Afzal Ahmad
International Islamic University Chittagong
Afzal Ahmad
International Islamic University Chittagong
Not recording cash transactions Under invoicing by importers and exporters Showing benami transactions Showing cash credit Showing excessive depreciation Showing personal expenses as business expenses Showing excessive wastage of raw materials in production process Showing bogus bad debts Creating reserve and provision for bad debts Making wrong classification of business expenditures as capital and revenue
10 8 16 8 12 8 10 8 8 16
62.5 50.0 100.0 50.0 75.0 50.0 62.5 50.0 50.0 100.0
2 3 4 5 6 7 8 9 10
11 12 13 14 15 16
Showing inadmissible expenses as allowable Claiming excessive tax deduction, tax exemption and tax credits Bribing the low morale tax officials Claiming tax holidays which is not genuine in nature Lack of compliance of tax laws and provisions in full Low ability of tax authority, both administration and appellate to enforce tax liability
16 12 8 6 11 11
Afzal Ahmad
International Islamic University Chittagong
21
56.25
There are various reasons for tax evasion and tax avoidance. These reasons can be filed in two categories. The first category comprises factors that negatively affect taxpayers compliance with tax legislation. The second category contains reasons for the low ability of tax administration and fiscal courts to enforce tax liabilities.
Part 2 2. Respondents response regarding the reasons for tax evasion and tax avoidance crimes
Afzal Ahmad
International Islamic University Chittagong
Tax Administration
Part 2 3. Authorities empowered for detecting tax evasion and tax avoidance
Commissioner of Taxes
Additional Commissioner of Taxes
DG Training
DG Inspection
Commissioner of Taxes
Joint Commissioner
of Taxes
& Md. Zahid Hossain Bhuiyan Source: Organization Manual of National Board of Revenue, Government of the People s Republic of Bangladesh
International Islamic University Chittagong Tax Recovery &
Inspectors of Taxes
Afzal Ahmad
Officer
5. Authorities empowered for settlement of tax evasion and tax avoidance cases
Afzal Ahmad
International Islamic University Chittagong
Afzal Ahmad
International Islamic University Chittagong
Afzal Ahmad
International Islamic University Chittagong
Afzal Ahmad
International Islamic University Chittagong
7. Respondents response regarding ways and means of prevention of tax evasion and tax avoidance
Afzal Ahmad
International Islamic University Chittagong
This study provides critical analyses of tax evasion and tax avoidance crimes in Bangladesh. The findings of the study have been analyzed under two main parts. The first part gives an analysis of appeal cases and the second part gives an analysis of the opinions of the respondents.
Afzal Ahmad
International Islamic University Chittagong
The study reveals the main techniques and modes adopted by the tax payers in tax evasions and tax avoidances; the main techniques adopted by the relevant tax officials in detecting tax evasion and tax avoidance cases; major reasons for evading and avoiding taxes by the tax payers; adverse impact of tax evasion and tax avoidance and preventive measures of tax evasion and tax avoidance.
Afzal Ahmad
International Islamic University Chittagong
Afzal Ahmad
International Islamic University Chittagong
The successful key tax officials namely Deputy Commissioner of Taxes from the Administrative Divisions and Appellate Joint Commissioner of Taxes from Appellate and Inspecting Divisions also need to be awarded locally with financial and non-financial incentives. One of the most important criteria of the successful Tax Officials may be detecting the tax fraud cases as much as possible during the fiscal year. The top officials of the NBR must supervise and monitor the activities of the key tax officials on a regular basis with a view to curving Tax evasion and Tax avoidance crimes, in one hand, and control of unnecessary tax compliance as well as administrative costs, on the other. Quality of the service to the tax payers in return for their tax payment needs to be improved so that tax payers feeling become positive to the Government. Transparency and accountability of NBR need to be improved in order to increase public confidence in Government activities. The appointment of Judges, Income Tax Lawyers and Chartered Accountants as members of the appellate tribunal needs to be ensured.
Afzal Ahmad
International Islamic University Chittagong