Assignment on Income Tax Authorities in Bangladesh

ASSIGNMENT

on

Income Tax Authorities in Bangladesh

Submitted to : Submitted by :

Shantanu Das (Leader) BBA, 29th Batch (MKT) ID: 200712883 AUB, Dhanmondi Campus Dhaka, Bangladesh.

Eftekhar Anam Rasel BBA, 29th Batch (MKT) ID: 200712029 AUB, Dhanmondi Campus Dhaka, Bangladesh.

Md. Shakhawat Hossain Selim Faculty, School of Business Course: Taxation [BBA-2603] AUB, Dhanmondi Campus Dhaka, Bangladesh.

Sk. Saiful Islam BBA, 29th Batch (MKT) ID: 200710522 AUB, Dhanmondi Campus Dhaka, Bangladesh.

Md. Zahangir Alam BBA, 29th Batch (FIN) ID: 200710521 AUB, Dhanmondi Campus Dhaka, Bangladesh.

Date of Submission: 12-August-2010.

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National Board of Revenue (NBR), Bangladesh. Page 2 of 32

National Board of Revenue – NBR

Rajashwa Bhaban Segunbagicha, Dhaka

Telephone: +88 02 933-3444.

http://www.nbr-bd.org


http://www.nbr-bd.org/


Table of contents:

SSeerriiaall TTooppiicc PPaaggee NNoo.. I Cover Page....................................................................................... ……..........01

II Topic/Source of the ASSIGNMENT.................................................. ..................03

III Table of contents.............................................................................. ..................04

01 Letter of Transmittal.......................................................................... ..................05

02 Acknowledgement ……………………………………………………… ..................06

03 Background of NBR.......................................................................... ..................07

04 Taxation and its history..................................................................... ..................08

05 Tax Authorities of Bangladesh ……………………………................. ……………11

06 Types of Income ………………………………………………………... ……………13

07 Classification of Tax systems........................................................... ……………14

08 Types of Taxation............................................................................. ……………15

09 Methodology …………………………………..................................... ……………16

9.01 Sources of Income………………………………………………... ……………16

9.02 Tax Rate…………………………………………………………… ……………16

9.03 Tax Rebate for investment ………………………………………. ……………17

9.04 Who should submit Income Tax Return? ................................. ……………18

9.05 Time to submit Income Tax Return …………………………...... ……………18

9.06 Assessment Procedure ………………………………………….. ……………19

9.07 Tax withholding functions ……………………………………….. ……………19

9.08 Major areas for final settlement of tax liability …………………. ……………22

9.09 Fiscal incentives ………………………………………………….. ……………23

9.10 Avoidance of Double Taxation Agreement ……………………. ……………24

10 Steps for collecting Income Tax in Bangladesh................................ ……………25

11 Procedure of Assessment ……………………………………….......... ……………26

12 Problems for collecting Income Tax.................................................. ……………27

13 Conclusion........................................................................................ ……………31

Letter of Transmittal August 12, 2010 To Md. Shakhawat Hossain Selim Faculty, School of Business Asian University of Bangladesh Dhanmondi Campus, Dhaka. Subject: Submission of Assignment on “Income Tax Authorities in Bangladesh”. Dear Sir We are pleased to submit this Assignment-report on “Income Tax Authorities in Bangladesh” for particular fulfillment of BBA Degree. This research program was taken by the help of “Three tax system of Bangladesh”, written by M.A. Akkas, and “Income Tax” written by “Mr. Mahmud” and “Purohit Bhattacharjee”. Here is the report on the observational study of “Income Tax authority in Bangladesh” you asked us to conduct last month. We honestly believe that this report will fulfill the requirements of the project report for BBA, which will help us a lot to gain sufficient knowledge about the “Income Tax authority in Bangladesh” We appreciate having this assignment. If you need any assistance in interpreting this report or in implementing our recommendations, please feel free to contact us: [email protected], Contact No.: +8801717012777. Sincerely on behalf of my Group, Shantanu Das (Leader) ID: 200712883 BBA, 29th Batch (Marketing) Asian University of Bangladesh, Dhanmondi Campus, Dhaka.


Acknowledgement We are very much grateful to the God first, who has given us all the abilities to perform this chore. Next, we would like to thank our respected Teacher Md. Shakhawat Hossain Selim, Faculty of Business at AUB Dhanmondi Campus who gave us the chance to submit this Assignment Report & Presentation and also co-operated us with all kinds of rational suggestions, rehearsal and guidance. We also like to express our gratitude to the honorable Campus Coordinator of AUB Dhanmondi Campus, Professor (Adv.) Abul Kalam Azad- without whose inspiration and company, this mission was not able to be accomplished. At last but not the least, we are grateful to our ever-respected parents those who always give us mental support and well wishes.


Background of NBR The National Board of Revenue (NBR) is the central authority for tax administration in Bangladesh. It was established by President's Order No. 76 of 1972. Administratively, it is under the Internal Resources Division (IRD) of the Ministry of Finance (MoF). MoF has 3 Divisions, headed by 3 permanent Secretaries to the Government, namely, the Finance Division the Internal Resources Division (IRD) and the Economic Relations Division (ERD). The Secretary, IRD is the ex-officio Chairman of NBR. NBR is responsible for formulation and continuous re-appraisal of tax-policies and tax-laws, negotiating tax treaties with foreign governments and participating in inter-ministerial deliberations on economic issues having a bearing on fiscal policies and tax administration. The main responsibility of NBR is to collect domestic revenue (primarily, Import Duties and Taxes, VAT and Income Tax) for the government. Other responsibilities include administration of all matters related to taxes, duties and other tax producing fees. Under the overall control of IRD, NBR administers the Excise, VAT, Customs and Income-Tax services consisting of 3434 officers of various grades and 10195 supporting staff positions (Approved set up as on 09 Feb., 2000 AD). Negotiating tax treaties with foreign governments and participating in inter-ministerial deliberations on economic issues having a bearing on fiscal policies and tax administration are also NBR's responsibilities. The main responsibility of NBR is to mobilize domestic resources through collection of import duties and taxes, VAT and income tax for the government. Side by side with collection of taxes, facilitation of international trade through quick clearance of import and export cargoes has also emerged as a key role of NBR. Other responsibilities include administration of matters related to taxes, duties and other revenue related fees/charges and prevention of smuggling. Under the overall control of IRD, NBR administers the excise, VAT, customs and income-tax services consisting of 3434 officers of various grades and 10195 supporting staff positions.


Taxation and its history

Taxation- one of the major sources of public revenue to meet a country's revenue

and development expenditures with a view to accomplishing some economic and

social objectives, such as redistribution of income, price stabilization and

discouraging harmful consumption. It supplements other sources of public finance

such as issuance of currency notes and coins, charging for public goods and services

and borrowings. The term “Tax” has been derived from the French word “Taxe” and

etymologically, the Latin word “Taxare” is related to the term 'tax', which means 'to

charge'. Tax is 'a contribution exacted by the state'. It is a non-penal but compulsory

and unrequited transfer of resources from the private to the public sector, levied

based on predetermined criteria.

According to Article 152(1) of the Constitution of Bangladesh, taxation includes the

imposition of any tax, rate, duty or impost, whether general, local or special, and tax

shall be construed accordingly. Rate is a local tax imposed by local government on

its residents or the property owners of the locality, a duty is a tax levied on a

commodity, and an impost is a tax imposed for an entry into a country. Under the

provision of article 83 of the Constitution, "no tax shall be levied or collected except

by or under the authority of an Act of Parliament".

Bangladesh inherited a system of taxation from its past British and Pakistani rulers.

The system, however, developed based on generally accepted canons and there had

been efforts towards rationalizing the tax administration for optimizing revenue

collection, reducing tax evasion and preventing revenue leakage through system

loss. Taxes include narcotics duty (collected by the Department of Narcotics Control,

Ministry of Home Affairs), land revenue (administered by the Ministry of Land and

collected at local Tahsil offices numbered on average, one in every two Union

Parishads), non-judicial stamp (collected under the Ministry of Finance), registration

fee (collected by the Registration Directorate of the Ministry of Law, Justice and

Parliamentary Affairs) and motor vehicle tax (collected under the Ministry of

Communication).


The tax structure in the country consists of both direct (income tax, gift tax, land

development tax, non-judicial stamp, registration, immovable property tax, etc) and

indirect (customs duty, excise duty, motor vehicle tax, narcotics and liquor duty,

VAT, SD, foreign travel tax, TT, electricity duty, advertisement tax, etc) taxes.

The present land revenue system of Bangladesh has its base in the East Bengal state

acquisition and tenancy act 1950 which established a direct contract between the

taxpayer and the government.

The most important tax on the value of transferred property is the non-judicial

stamp tax (levied under the Stamp Act 1899), which has been in existence since

January 1899. Current rates of non-judicial stamp duty are provided in the First

Schedule of the Finance Act 1998, ranging from Tk. 4 to Tk. 10,000 in case of

absolute rate, or from 0.07% to 1.5% of the value of consideration in case of ad

valorem rate. The judicial stamp tax is being levied under the Court Fees Act 1870,

although the levy of court fees originated in the introduction of the Bengal Regulation

No. 38 of 1795.

The first sales tax was introduced in the former Central Provinces of India in 1938. In

Bengal, sales tax was adopted in 1941. In 1948, sales tax was transferred as a

central tax under the General Sales Tax Act of 1948. The Sales Tax Act 1951 came

into force on 1 July 1951 by repealing the Pakistan General Sales Tax Act of 1948.

Until 1982, sales tax was being collected under the 1951 Act, which was replaced by

the Sales Tax Ordinance 1982. The VAT law was promulgated by repealing the

Business.

Income tax was first introduced in the subcontinent by the British in 1860 to make

up the revenue deficit caused by the sepoy revolt, 1857. After independence of

Bangladesh, income tax was made effective under the Income Tax Act 1922 passed

on the basis of the recommendations of the All-India Income Tax Committee

appointed in 1921. Currently, income tax has been imposed under the Income Tax

Ordinance 1984 (ITO) promulgated on the basis of recommendations of the Final

Report of the Taxation Enquiry Commission submitted in April 1979. Income

taxpayers (assesses) are classified as individuals, partnership firms, Hindu undivided


families (HUF), associations of persons (AOP), companies (publicly traded and

private), local authorities, and other artificial juridical persons. Tax rates and scope

of taxable income differ based on residential status of an assesses (resident or non-

resident).

From fiscal or assessment year, (AY) 2000-01, there is a filing threshold of annual

total income of Tk. 100,000 applicable for individuals (including non-resident

Bangladeshis), partnership firms, HUF, AOP and assesses other than companies and

local authorities. In case an identity of this group has a total annual income less than

this level, he is not required to submit tax return but if someone's income is higher,

he is to pay a minimum tax of Tk. 1,000.

Bangladesh inherited a system of taxation from its past British and Pakistani rulers.


Tax Authorities of Bangladesh There are 3-divisions under the Ministry of Finance (MOF) and Secretary leads

each division.

The Chairman of NBR (National Board of Revenue) is working under Internal

Resource Division (IRD).

NBR is the apex body of the Tax Administration.

It consists of two parts:

(1) Customs & VAT

(2) Income Tax.

Both are under the same authority. There are 4-members under NBR.

Under the NBR, a Commissioner of Taxes is the head of the department and

he is in charge of a taxes Zone. There are 8-Zones in Bangladesh.



Types of Income

Assessable Income Non-Assessable Income

Non-taxable Income Taxable Income

Income

Income: Income means anything received in cash or in kind unless exempted by

laws.

1) Assessable Income: Assessable Incomes are those incomes, which are

included in the determination of total income of a taxpayer.

a) Taxable Income: Taxable Incomes are those incomes that the tax is

to be paid on those incomes.

b) Non- Taxable Income: Non – taxable income is taken into total

income for taxation rate purpose but no tax is to be paid on this part

of income.

2) Non- Assessable Income: Non- assessable incomes are those incomes

which are not included in the determination of total income of a taxpayer.


Classification of Tax systems

Multiple Taxes Single Tax

Classification of Tax System

1. Single Tax: Only one tax for everybody. Single tax is the poll tax or the head

tax or adolescent tax, which is imposed on a person simply because he is

there in the society.

2. Multiple Taxes: A system under which different types of taxes shall be

levied by the govt. according to suitability. Ex. Income Tax, VAT.


Types of Taxation

a) Progressive Tax b) Regressive Tax c) Proportional Tax

a) Direct Tax b) Indirect Tax

Types of Taxation

a) Direct Tax: Direct tax is a sort of tax the impact of effect incidents and which fall

back on the person on whom it is imposed. i.e.: Income Tax, Marriage Tax etc.

b) Indirect Tax: Indirect taxes are those burden of which can be passed on others

through price vehicles.

c) Progressive Tax: The tax rate increases as the taxable income/amount

increases.

d) Regressive tax: The opposite of a progressive tax is a regressive tax where the

tax rate decreases as the taxable income/amount increases.

e) Proportional Tax: In between is a proportional tax, where tax is fixed as the amount to which the rate is applied increases.


Methodology Among direct taxes, income tax is one of the main sources of revenue. It is a progressive tax system. Income tax is imposed on the basis of ability to pay. The more a taxpayer earns the more he should pay''- is the basic principle of charging income tax. It aims at ensuring equity and social justice.

Sources of Income:

For the purpose of computation of total income and charging tax thereon, sources of income can be classified into 7 categories, which are as follows:

Salaries Interest on securities Income from house property Income from agriculture Income from business or profession Capital gains Income from other sources.

Tax Rate (Assessment Year- 2008-09):

Other than Company:

For individuals other than female taxpayers, senior taxpayers of 70 years and above and retarded taxpayers, tax payable for the

First 1,65,000/- Nil Next 2,75,000/- 10% Next 3,25,000/- 15% Next 3,75,000/- 20% Rest Amount 25%

For female taxpayers, senior taxpayers of age 70 years and above and retarded taxpayers, tax payable for the

First 1,80,000/- Nil Next 2,75,000/- 10% Next 3,25,000/- 15%


Next 3,75,000/- 20% Rest Amount 25%

Minimum tax for any individual assesses is Tk. 2,000

Non-resident Individual 25% (other than non-resident Bangladeshi)

For Companies

Publicly Traded Company 27.5%

Non-publicly Traded Company 37.5%

Bank, Insurance & Financial Company 45%

Mobile Phone Operator Company 45%

If any publicly traded company declares more than 20% dividend, 10% rebate on total tax is allowed.

Tax Rebate for investment:

Rate of Rebate:

Amount of allowable investment is either up to 25% of total income or Tk. 5,00,000/- whichever is less. Tax rebate amounts to 10% of allowable investment.

Types of investment qualified for the tax rebate are:

Life insurance premium Contribution to deferred annuity Contribution to Provident Fund to which Provident Fund Act, 1925 applies Self contribution and employer's contribution to Recognized Provident Fund Contribution to Super Annuation Fund Investment in approved debenture or debenture stock, Stocks or Shares Contribution to deposit pension scheme Contribution to Benevolent Fund and Group Insurance premium Contribution to Zakat Fund Donation to charitable hospital approved by National Board of Revenue Donation to philanthropic or educational institution approved by the

Government Donation to socioeconomic or cultural development institution established in

Bangladesh by Aga Khan Development Network


Who should submit Income Tax Return?

If total income of any individual other than female taxpayers, senior taxpayers of 70 years and above and retarded taxpayers during the income year exceeds Tk 1,65,000/-.

If total income of any female taxpayer, senior taxpayer of 70 years and above and retarded taxpayer during the income year exceeds Tk 1,80,000/-.

If any person was assessed for tax during any of the 3 years immediately preceding the income year.

A person who lives in any city corporation/paurashava/divisional HQ/district HQ and owns a building of more than one storey and having plinth area exceeding 1,600 sq. feet/owns motor car/owns membership of a club registered under VAT Law.

If any person subscribes a telephone. If any person runs a business or profession having trade license. Any professional registered as doctor, lawyer, income tax practitioner,

Chartered Accountant, Cost & Management Accountant, Engineer, Architect and Surveyor etc.

Member of a Chamber of Commerce and Industries or a trade Association. Any person who participates in a tender. A person who has a Taxpayer's Identification Number (TIN). Candidate for Union Parishad, Paurashava, City Corporation or Parliament.

Time to Submit Income Tax Return:

For Company By fifteenth day of July next following the income year or, where the fifteenth day of July falls before the expiry of six months from the end of the income year, before the expiry of such six months.

For Other than Company Unless the date is extended, by the Thirtieth day of September next following the income year.

Consequences of Non-Submission of Return

imposition of penalty amounting to 10% of tax on last assessed income subject to a minimum of Tk. 1,000/-

In case of a continuing default a further penalty of Tk. 50/- for every day of delay.


Assessment Procedures:

For a return submitted under normal scheme, assessment is made after hearing.

For returns submitted under Universal Self Assessment Scheme, the acknowledgement slip is determined to be an assessment order. Universal Self Assessment is of course subject to audit.

Appeal against the order of DCT: A taxpayer can file an appeal against DCT's order to the Commissioner (Appeals)/Additional or Joint Commissioner of Taxes (Appeals) and to the Taxes Appellate Tribunal against an Appeal order.

Tax withholding functions:

In Bangladesh withholding taxes are usually termed as Tax deduction and collected at source. Under this system both private and public limited companies or any other organization specified by law are legally authorized and bound to withhold taxes at some point of making payment and deposit the same to the Government Exchequer. The taxpayer receives a certificate from the withholding authority and gets credits of tax against assessed tax on the basis of such certificate.

Heads of Income Subject to deduction or collection of income tax at source with specified rates of deduction.

No. Heads Section/Rule Rate Chalan in the name of

1 Salaries Section 50 deduction at average rate

Respective Zone

2 Discount on the real value of Bangladesh Bank Bills

Section 50A deduction at normal rate or maximum rate whichever is greater.

LTU

3 Interest on securities Section 51 10%on interest or discount LTU 4 Supply of goods and

execution of contracts and sub-contracts

Section 52(Rule 16)

nil up to 1 lac, 1-5 lacs (1%), 5-15 lacs (2.5%), 15-25 lacs 3.5% and 25 lacs and above (4%)

Zone-2 (Partly) & LTU


5 Indenting commission / Shipping agency commission

Section 52 (Rule 17)

3.5% of the total receipt of indenting commission & 5% of total Shipping agency commission receipt

Zone-2

6 Royalty, Fees for professional or technical services

Section 52 A 10% of the fees Zone-8

7 Stevedoring agency & Security service

Section 52 AA

7.5% of the fees Ctg. Zone-2

8 C & F agency commission

Section 52 AAA

7.5% of the fees Zone-2

9 Sale of bandrolls ( for biri)

Section 52B 6% of the value of bandrolls. Respective Zone

10 Compensation for acquisition of property

Section 52C 6% of the compensation money

Zone-2

11 Interest on saving instruments

Section 52D 10% of the amount of interest (Current rate)

Zone-2

12 Collection of tax from brick manufacturers

Section 52F

1 Sec. = Tk.10,000/ for each brick field. 1.5 Sec. = Tk.12,000/ for each brick field. 2 Sec. = Tk.18,000/ for each brick field.

Respective Zone

13 Commission on Letter of Credits

Section 52I 5% of the amount of commission.

LTU

14 Issuing & Renewal of trade licence

Section 52K Tk 500/- For renewal of each Lincence

Zone-3

15 Trustee fees Section 52L 10% 16 Frieght Forward agency

Com. Section 52M 7.5%

17 Rental power Section 52N 4% 18 Import of goods Section 53

(Rule17A) 3% of the value of imports.

Zone-2

19 Income from house property (house rent)

Section 53A (Rule17B)

No deduction if monthly rent is below 20,000/- 3% (if monthly rent is 20,000-40,000 Tk.) and 5% (if monthly rent is above 40,000 Tk.)

Zone-2 Dha & Other outside Zone

20 Shipping business of resident

Section 53AA 5% of freight Zone-2,ctg

21 Export of manpower Section 53B (Rule 17C)

10% of the service charges. Zone-2, dhk & ctg

22 Export of Knitwear Section 53BB 0.25% Zone-5 23 Member of Stock

Exchange Section 53BBB

0.015% Zone-7

24 Export of goods except Section 0.25% Zone-5


Knitweare & Woven garments

53BBBB

25 Sale of goods by public auction

Section 53C (Rule 17D)

5% of the sale price Zone-2

26 Courier Service (Non-resident)

Section 53CC 7.5% Zone-6

27 Payment to film actors and actresses

Section 53D (Rule 17E)

5% of the amount paid exceeding Tk. 36000/-

Zone-2

28 Cash subsidy Section 53DD 5% Zone-5 29 Commission Fees or

discount paid to distributors

Section 53E (Rule 17G)

7.5% of the amount of commission.

Zone-2 & LTU

30 Commission or charges paid to the agents of foreign buyers

Section 53EE 4 % on the amount of commission or charges.

Dhk.Zone-6, Ctg.Zone-3 and Zone of Respective Division

31 Interest on bank deposits

Section 53F (Rule 17H)

10% of the amount of interest.

Zone-1

32 Real Estate & Developers

Section 53FF

In case of Bldg. 250 per sq. meter In case of land 5% of deed value

Zone-5

33 Insurance commission Section 53G

3% on the amount of commission

LTU

34 Commission paid to the Surveyors of General Insurances

Section 53GG 7.5% on the amount of commission.

Dhk.Zone-2, Ctg.Zone-3 and Zone of Respective Division

35 Transfer of property Section 53H (Rule 17I)

5% of the value of the property.

Survey Zone

Interest on Post Office Savings Bank Account

Section 53I

No deduction if the amount of interest does not exceeds Tk.1,50,000 and if exceeds then 10% on the amount of interest .

Zone-2

36 Rent of vacant land, plant and machinery

Section 53J (Rule 17BB)

No deduction if monthly rent is below 15,000/- 3% (if monthly rent is 15,000 -30,000 Tk.) and 5% (if monthly rent is above 30,000 Tk.)

Zone-2


37 Advertising bill of news paper, magazine, private television channel

Section 53K 3% of the value of the property.

Zone-5

38 Dividend

Section 54 (1) Resident individual 10%, non-resident individual 25% (2) Company 15%

LTU (only LTU’s files) all others Zone-2

39 Income from lottery Section 55 20% of the amount won. Zone-2 40 Income of non-resident

Other than non-resident Bangladeshi}

Section 56 Company - rate applicable to the com. Other than company - maximum rate.

Zone-6

Major areas for final settlement of tax liability: Tax deducted at source for the following cases is treated as final discharge of tax liabilities. No additional tax is charged or refund is allowed in the following cases:-

Supply or contract work Band rolls of hand made cigarettes Import of goods Transfer of properties Export of manpower Real Estate Business Export value of garments Local shipping business Royalty, technical know-how fee Insurance agent commission. Auction purchase Payment on account of survey by surveyor of a general insurance company Clearing & forwarding agency commission. Transaction by a member of a Stock Exchange. Courier business Export cash subsidy

Tax Recovery System: In case of non-payment of income tax demand the following measures can be taken against a taxpayer for realization of tax:-

Imposition of penalty Attachment of bank accounts, salary or any other payment. Filing of Certificate case to the Special Magistrate.


Advance Payment of Tax: Every taxpayer is required to pay advance tax in four equal installments falling on 15th September; 15th December; 15th March and 15th June of each year if the latest assessed income exceeds Taka three lakh. Penalty is imposed for default in payment of any installment of advance tax. Fiscal incentives : Following are fiscal incentives available to a taxpayer: a) Tax holiday: Tax holiday is allowed for industrial undertaking, tourist industry and physical infrastructure facility established between 1st July 2008 to 30th June 2011 in fulfillment of certain conditions. Industrial Undertaking Eligible for Tax holiday: (i) An industry engaged in production of textile, textile machinery, jute goods, high value garments, pharmaceuticals, melamine, plastic products, ceramics, sanitary ware, steel from iron ore, MS Rod, CI Sheet, fertilizer, insecticide & pesticide, computer hardware, petro-chemicals, agriculture machinery, boilers, compressors, basic raw materials of drugs, chemicals and pharmaceuticals. (ii) An industry engaged in agro-processing, ship building, diamond cutting. Physical Infrastructure Eligible for Tax holiday: Sea or river port, container terminals, internal container depot, container freight station, LNG terminal and transmission line, CNG terminal and transmission line, gas pipe line, flyover, mono rail, underground rail, telecommunication other than mobile phone, large water treatment plant & supply through pipe line, waste treatment plant, solar energy plant, export processing zone. Tourism Industry Eligible for Tax holiday: Residential hotel having facility of three star or more. b) Accelerated depreciation: Accelerated depreciation on cost of machinery is admissible for new industrial undertaking in the first year of commercial production 50%, in the second year 30% and in the third year 20%. c) Income derived from any Small and Medium Enterprise (SME) engaged in production of any goods and having an annual turnover of not more than taka twenty four lakh is exempt from tax. d) Industry set up in EPZ is exempt from tax for a period of 10 years from the date of commencement of commercial production. e) Income from fishery, poultry, cattle breeding, dairy farming, horticulture, floriculture, mushroom cultivation and sericulture are exempt from tax up to 30th June, 2011, subject to investing at least 10% of the exempted income that exceeds one lakh Taka, in government bonds.


f) Income derived from export of handicrafts is exempted from tax up to 30th June, 2011. g) An amount equal to 50% of the income derived from export business is exempted from tax. h) Listed companies are entitled to 10% tax rebate if they declare dividend of 20% or more. i) Income from Information Technology Enabled Services (ITES) business is exempted up to 30th June, 2011.

Avoidance of Double Taxation Agreement:

There are agreements on avoidance of double taxation between Bangladesh and 28 countries which are:-

(01) United Kingdom of Great Britain and Northern Ireland (02) Singapore (03) Sweden (04) Republic of Korea (05) Canada (06) Pakistan (07) Romania (08) Sri Lanka (09) France (10) Malaysia (11) Japan (12) India (13) Germany (14) The Netherlands (15) Italy (16) Denmark (17) China (18) Belgium (19) Thailand (20) Poland (21) Philippines (22) Vietnam (23) Turkey (24) Norway (25) USA (26) Indonesia (27) Switzerland (28) Oman.


Steps for collecting Income Tax in Bangladesh

Submission of income tax returns is generally due by:

► 30th September in case of non-companies and

► 31st December in case of companies.

Assessment is made in several procedures. They are:

Self assessment

Presumptive assessment

Spot assessment

Pre-audit based assessment.

However, certain percent of self assessment cases are selected for audit.

Assesses can prefer appeal if aggrieved by his assessment. There are three primary

forums for appeal. They are to the Appellate Commissioner/Additional

Commissioner/Joint Commissioner or to the Commission for reviews. The decisions

of Appellate Commissioner/Additional Commissioner/Joint Commissioner can be

challenged to the next Appellate Court named as Appellate Tribunal.

Withholding tax is levy able on a number of items including contractors, imports,

transfer of urban land/building, bank deposits etc.


Procedure of Assessment

Generally the followings steps are followed in case of Assessment of the Company and the Corporation:

Computation of Business Income Step-1

Computation of Total Income Step-2

Determination of Total Tax Liabilities

Step-3

Determination of Net Tax Liabilities Step-4

According to Sections 28, 29 and 30 of ITO, 1984 Income from business is to be calculated after considering admissible and inadmissible expenses to this end. Total Income of the Company is to be calculated by adding other income with income from business. Total Tax liabilities are to be determining by applying prescribed tax rate. Net Tax liability is to be ascertained by deducting the following tax rebate from Total Tax liabilities: ►10% Tax rebate on foreign income

►Tax rebate on increased production in case of industrial company, if applicable.

►Tax rebate on export income (at rate applicable)

►Tax rebate and average rate on tax free income.


Problems for collecting Income Tax

Tax avoidance is one of the main problems for collecting Income Tax by the Income

Tax Authority in Bangladesh. It is the legal utilization of the tax regime to one's own

advantage, in order to reduce the amount of tax that is payable by means that are

within the law. By contrast tax evasion is the general term for efforts to not pay

taxes by illegal means. The term tax mitigation is a synonym for tax avoidance. Its

original use was by tax advisors as an alternative to the pejorative term of tax

avoidance. Latterly the term has also been used in the tax regulations of some

jurisdictions to distinguish tax avoidance foreseen by the lawmakers from tax

avoidance which exploits loopholes in the law.

Based on these concepts arises the pillars of Tax Protesters as well as Tax

Resistance:

Some of those attempting not to pay tax believe that they have uncovered

interpretations of the law that show that they are not subject to being taxed: these

individuals and groups are sometimes called tax protesters. An unsuccessful tax

protestor has been attempting openly to evade tax, while a successful one avoids

tax. Tax resistance is the declared refusal to pay a tax for conscientious reasons

(because the resister does not want to support the government or some of its

activities). Tax resistors typically do not take the position that the tax laws are

themselves illegal or do not apply to them (as tax protesters do) and they are more

concerned with not paying for particular government policies that they oppose.


Responses to tax avoidance:

Avoidance also reduces government revenue and brings the tax system into

disrepute, so governments need to prevent tax avoidance or keep it within limits.

The obvious way to do this is to frame tax rules so that there is no scope for

avoidance. In practice, this has not proved achievable and has led to an ongoing

battle between governments amending legislation and tax advisors' finding new

scope for tax avoidance in the amended rules.

Tax evasion:

By contrast, tax evasion is the general term for efforts by individuals, firms, trusts

and other entities to evade taxes by illegal means. Tax evasion usually entails

taxpayers deliberately misrepresenting or concealing the true state of their affairs to

the tax authorities to reduce their tax liability, and includes, in particular, dishonest

tax reporting (such as declaring less income, profits or gains than actually earned; or

overstating deductions).

Illegal income and tax evasion:

Who earn income by illegal means (gambling, theft, drug trafficking etc.) is required

to report unlawful gains as income when filing annual tax returns. Suspected

lawbreakers have therefore been charged with tax evasion when there is insufficient

evidence to try them for their non-tax related crimes. Other times, tax evasion can

be used as a "one more nail in the coffin" by prosecutors by stating that if a person

earns illegal income, s/he may also be guilty of tax evasion. Those who attempt to

report illegal income as coming from a legitimate source could be charged with

money laundering.


Evasion of Value Added Tax (VAT):

During the latter half of the twentieth century, Value Added Tax (VAT) has emerged

as a modern form of consumption tax through the world. Producers who collect VAT

from the consumers may evade tax by under-reporting the amount of sales.

Control of evasion:

Level of evasion depends on a number of factors one of them being fiscal equation.

People's tendency to evade income tax declines when the return for due payment of

taxes is not obvious. Evasion also depends on the efficiency of the tax

administration. Corruption by the tax officials often render control of evasion difficult.

Tax administrations resort to various means for plugging in scope of evasion and

increasing the level of enforcement.

Public opinion on tax avoidance:

Tax avoidance may be considered to be the dodging of one's duties to society, or

alternatively the right of every citizen to structure one's affairs in a manner allowed

by law, to pay no more tax than what is required. Attitudes vary from approval

through neutrality to outright hostility. Attitudes may vary depending on the steps

taken in the avoidance scheme, or the perceived unfairness of the tax being avoided.

Corruption by tax officials:

Corrupt tax officials cooperate with the tax payers who intend to evade taxes. When

they detect an instance of evasion, they refrain from reporting in return for illegal

gratification or bribe. Corruption by tax officials is a serious problem for the tax

administration in a huge number of underdeveloped countries.


The distinction in various jurisdictions of Tax Evasion and Tax Avoidance:

The use of the terms tax avoidance and tax evasion can vary depending on the

jurisdiction. In general, the term "evasion" applies to illegal actions and "avoidance"

to actions within the law. The term "mitigation" is also used in some jurisdictions to

further distinguish actions within the original purpose of the relevant provision from

those actions that are within the letter of the law, but do not achieve its purpose.


Conclusion Though the rate of tax revenue is to GDP is very negligible, despite the government

is trying to maximize its tax revenue through different method. But the government

should also remind the cannon of convenience while collecting tax from assesses.

As we are living in a civilized society - should come forward to pay taxes to

government in order to conduct the administrative, defense and development

activities of the country. Otherwise we would not be able to prove ourselves as

civilized people.

Tax is the most important in the hand of the government to control the economy as

well as the inflection. It also helps in push money to the economy, develop certain

source of the economy and control some other activities of the economy. No

Government can run it’s and perform administration works without collecting tax as a

source of revenue. So, the Government imposes tax over the company and the

corporations. On the other hand Government can also intensive to the infant and

certain basic industry for protection through its tax policy.



The End

Documents

Assignment on Income Tax Authorities in Bangladesh