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An Overview of the Reforms of the
      Bangladesh Taxation




                    Prepared for

           Dr. Md Sajjad Hossain Bhuiyan

             Course Instructor: Taxation




                        Prepared by

                       Jahin Masnun

                           Roll 07

                       BBA 15th batch




         Institute of Business Administration

                 University of Dhaka



                 November 09, 2010
Acknowledgement



I am very grateful to our course instructor Dr. Md Sajjad Hossain Bhuiyan for giving the opportunity to
work on the taxation reformation.
EXECUTIVE SUMMARY

Since inception, taxation policies have faced reforms time and again to meet the demand of the
changing world. This report focuses on those reforms made in the previous years. It also makes
an effort to recommend some positive changes that can be made to make the taxation policy of
Bangladesh more effective.

Among the direct tax reforms, introduction of TIN, widening of withholding tax, simplification of
self-assessment procedure, establishment of Large Taxpayers’ Unit (LTU) were introduced.
Introduction of VAT, widening of VAT net, strengthening VAT administration, establishment of
Large Taxpayers’ Unit (LTU) were among the indirect tax rules reforms. For the customs, there
was amendment of Customs Act, simplification of procedures, introducing mandatory PSI,
improvement in information system, establishing Central Intelligence Cell (CIC).

Expansion of the taxation net, reformation in the capital market related tax rules, reformation
of Tax Appellate Tribunal, prevention of tax evasion and tax imposition at a reduced rate are
other major alteration that has been done over the years.
The amendment made to the Third Schedule are Bridge, road or flyover have been included in
this Schedule for admitting accelerated depreciation claim along with plant and machinery used
in an industrial undertaking between 01 July 1977 and June 30, 2012
The amendment made to the Sixth Schedule is Para 34, from the list of exemption from income
tax on fulfillment certain conditions, production of pelleted poultry feed has been excluded. A
new proviso has been included in this Schedule excluding the income of a company as defined
in clause (20) of Sec (2).

Overall, it appears that the amendments are tax-collection driven. But in so doing, some basic
principle of income and taxation thereon has been disregarded when premium realized on the
issue of shares has been subjected to 3.0% income tax. Plainly, it is not an income rather part of
the capital which is illegally taxed now.No amendment to simplify tax assessment and collection
or to reduce the discretionary power of the tax officials has been made, though NBR repeatedly
assured the representatives of various trade and other groups to do so. It appears that pre-
budget consultation is an annual ritual, signifying nothing other than spending huge money,
time etc.


Recommendations have been made in this report regarding progressivity of Tax Rates, narrow Tax Base,
inequality of Taxing Urban and Rural Sectors, inequality in taxing Wages between Private and Public
Sector, leaning up of Income Tax Exemptions and tax Amnesty.
CHAPTER 1: INTRODUCTION


Tax helps the state in implementing development plans. So the tax laws guides the tax payers to help
the state in performing such a duty. Time and again, taxation rules are amended. This assignment deals
with those reformations which came in place with change in time.

1.1 Origin of the report:

This report is the result of an individual work assigned by the Taxation course instructor Dr. Md Sajjad
Hossain Bhuiyan. The topic of the report is “An Overview of the Reforms of the Bangladesh
Taxation”.

1.2 Purpose:

The primary purpose of this report is a partial fulfillment of Taxation course requirement. The secondary
purpose is to find out the reformations of Taxation of Bangladesh.

1.3 Scope:

The scope of the study is tax manual of Bangladesh

1.4 Methodology:

Information was gathered from the following sources while preparing this report:

Primary data: Income tax manual was used as primary source of data

Secondary data: Internet resources as secondary source.

1.5     Limitations:

Since there is not enough research on the taxation system in Bangladesh, it was tough to collect the
necessary latest secondary data.
CHAPTER 2: TAXATION SYSTEM IN BANGLADESH

2.1 Overview

As Governments throughout the world have assumed more responsibility for the management of the
economy, their financial transactions have increased in size and complexity. The developing countries
(where needs are greatest and resources scarcest), have found their fiscal systems severely tested. The
scarcity of means is indicated by low per capita national income and by conditions that result in low
productivity and market imperfections. Other forms of scarcity that complicate fiscal policy in majority
of the developing countries are shortage of well trained and experienced civil servants in economic and
financial matters and a lack of system to provide needed information (transparency). The cyclical
instability to which primary-producing nations are subjected is a hazard to revenue forecasting. If the
government attempts to use fiscal policy to mitigate such fluctuations or instability, heavy demands are
placed on the budget process. It goes without saying that SAl has a great role to play in ensuring
accountability of those who are engaged in collection of revenue which is the life blood of the economy.

2.2 Revenue receipt of a government

The revenue receipts of government consist of 2 parts:

       tax-revenue, and

       non-tax revenue

Two basic differences between tax-revenue and non-tax revenue are (i) while the former is imposed by
law, the latter's mandate is derived from rule, tariff or other agreement, (ii) while the former does not
represent a direct benefit to the tax payer, the latter generally involves the rendering by government of
a service or supply. Non-tax receipts are characterised by three criteria :-

  i.    Large volume but small money value (hospital, police receipts, etc.)

  ii.   Contractual (but outside the parameters of statutes e.g. forest receipts) and

 iii.   Contractual, but within the parameters of statutes (e.g. mining royalties, mineral cases etc.).

2.3 Major heads of tax-revenues of Bangladesh:

A. Taxes on Income and Profit

    1. Income tax-Companies

    2. Income tax-Other than Companies
B. Taxes on Property & Capital Transfer

Estate Duty and Gift Tax, Wealth Tax, Narcotics Duty, Land Revenue, Stamp duty-non-judicial,
Registration

C. Taxes on goods and services

   1. Customs Duties

   2. Excise Duties

   3. Value Added Tax (VAT)

   4. Supplementary Duty (On luxury items and in addition to VAT)

   5. Taxes on Vehicles

   6. Electricity Duties

   7. Other Taxes and Duties (travel tax, turn over tax, etc.)
CHAPTER 3: DESCRIPTION


Following are the sections and their descriptions that are amended time and again:

Sec-11. Establishment of Appellate Tribunal.—

    The Government shall appoint one of the members of the Appellate Tribunal to be the president
         thereof.

    Explanation.--For the purpose of this section, period of practice as chartered accountant shall
        include any period of practice as chartered accountant within the meaning of the Chartered
        Accountants Ordinance, 1961 (X of 1961) 2[or Bangladesh Chartered Accountants Order, 1973
        (P.O. No. 2 of 1973)] or as registered accountant enrolled on the register of accountants under
        the Auditor's Certificate Rules, 1950

Sec-16E: Charge of tax on sale of share at a premium over face value-

Notwithstanding anything contained in any other provisions or any other law, where a company raises
its share capital through book building or public offering or rights offering or placement or preference or
in any other way at a value in excess of face value, the company shall be charged , in addition to tax
payable under this ordinance, tax at the rate of 3% on the difference between the value at which the
share is sold and its face value

Sec 19(24): Unexplained achievement deemed to be income-

Where an assessee, being a private limited company or a public limited company not listed with a stock
exchange, discloses investments in it's equity received from any shareholder or director during any
income year, the amount so received as equity not being received by crossed cheque or bank transfer,
shall be deemed to be the income of such assessee for that income year classifiable under the head
"Income from other sources”

Sec-19C: Special tax treatment in respect of investment in the purchase of Bond under Bangladesh
Infrastructure Finance Fund-Notwithstanding anything contained in any other provision of this
ordinance, No question as to the source of any sum invested by any person in the purchase of bond
issued or caused to be issued under Bangladesh Infrastructure Finance Fund during the period between
the first day of July, 2010 and thirteenth day of June, 2012 (both days inclusive), shall be raised if the
assessee pays, before the filing of the return of income for the relevant income year, tax at the rate of
10% on such sum invested.
Sec-46B. Exemption from tax newly established industrial undertakings set-up between the period of
       July, 2008 to June, 2011, etc. in certain cases.-

      (1) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from an
          industrial undertaking, tourism industry or physical infrastructure facility (hereinafter referred
          to as the said undertaking) set-up in Bangladesh between the first day of July, 2008 and the
          thirtieth day of June, 2011 (both days inclusive) shall be exempted from the tax payable under
          this Ordinance for the period, and at the rate, specified below:

              (a) if the said undertaking is set-up in Dhaka and Chittagong divisions, excluding the hill
                  districts of Rangamati, Bandarban and Khagrachari, for a period of five years beginning
                  with the month of commencement of commercial production or operation of the said
                  undertaking:




                    Period of Exemption                               Rate of Exemption

                    For the first two years (first and second year)   100% of income

                    For the next two years (third and fourth year) 50% of income

                    For the last one year (fifth year)                25% of income




              (b) if the said undertaking is set-up in Rajshahi, Khulna, Sylhet and Barisal divisions and the
                  hill districts of Rangamati, Bandarban and Khagrachari, for a period of seven years
                  beginning with the month of commencement of commercial production or operation of
                  the said undertaking:

                    Period of Exemption                                       Rate of Exemption

                    For the first three years (first, second and third year) 100% of income

                    For the next three years (fourth, fifth and sixth year)   50% of income

                    For the last one year (seventh year)                      25% of income

________________

1
    Ins. 46B by F.O. 2008

      (2) For the purpose of the section,-
(a) “industrial undertaking” means:

          (i) an industry engaged in the production of textile, textile machinery, jute goods, high
              value garments, pharmaceuticals, melamine, plastic products, ceramics, sanitary
              were, steel from iron ore, MS Rod, CI Sheet, fertilizer, insecticide and pesticide,
              computer hardware, petro-chemicals, agriculture machinery, boilers, compressors,
              basic raw materials of drugs, chemicals and pharmaceuticals and any other category
              of industrial undertaking as the Government may be notification in the official
              Gazette specify;

          Explanation: ‘high value garments’ means overcoats, jackets and suits.

          (ii) an industry engaged in agro-processing, ship building, diamond cutting and any other
                category of industrial undertaking as the Government may be notification in the
                official Gazette specify;

    (b) “physical infrastructure facility” means sea or river port, container terminals, internal
        container depot, container freight station Liquefied Natural Gas (LNG) terminal and
        transmission line, Compressed Natural Gas (CNG) terminal and transmission line, gas pipe
        line, flyover, mono-rail, underground rail, telecommunication other than mobile phone,
        large water treatment plant and supply through pipe line, waste treatment plant, solar
        energy plant, export processing zone and any other category of physical infrastructure
        facility as the Government may by notification in the official Gazette specify;

    (c) “tourism industry” means residential hotel having facility or three star or more and any
        other category of tourist industry facility as the Government may by notification in the
        official Gazette specify;

(3) Notwithstanding anything contained in sub-section (2), for the purpose of this section industrial
    undertaking, tourism industry or physical infrastructure facility shall not include expansion of an
    existing undertaking.

(4) The exemption under sub-section (1) shall apply to the said undertaking if it fulfils the following
     conditions, namely:-

    (a) that the said undertaking is owned and managed by-

        (i) a body corporate established by or under any law for the time being in force with its
            head office in Bangladesh; or



        (ii) a company as defined in the Companies Act, 1913 (VII of 1913) or Companies Act, 1994
              (Act No. 18 of 1994) with its registered office in Bangladesh and having a subscribed
and paid up capital of not less than ten lakh taka on the date of commencement of
            commercial production or operation;

    (b) that thirty percent of the exempted income under sub-section (1) is invested in the said
        undertaking or in any new industrial undertaking during the period of exemption or within
        one year from the end of the period to which the exemption under that sub-section relates
        and in addition to that, another ten percent of the exempted income under sub-section (1)
        is invested in each year before the expiry of three months from the end of the income year
        in the purchase of shares of a company listed with any stock exchange, failing which the
        income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to
        tax in the assessment year for which the exemption was allowed:

            Provided that the quantum of investment referred to in this clause shall be reduced by
        the amount of dividend, if any, declared by the company enjoying tax exemption under this
        section.

    (c) that the said undertaking is not formed by splitting up or by reconstruction or reconstitution
         of business already in existence or by transfer to a new business of any machinery or plant
         used in business which was being carried on in Bangladesh at any time before the
         commencement of the new business;

    (d) that the said undertaking is approved, and during the relevant income year, stands approved
         by the Board for the purposes of this section;

    (e) that application in the prescribed form approval for the purposes of this section, as verified
         in the prescribed manner, is made to the Board within six months from the end of the
         month of commencement of commercial production or operation.

(5) Notwithstanding anything contained in this section, where an undertaking enjoying exemption of
     tax under this section is engaged in any commercial transaction with another undertaking or
     company having one or more common sponsor directors, and during the course of making an
     assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied that the
     said undertaking has purchased or sold goods at higher or lower price in comparison to the
     market price with intent to reduce the income of another undertaking or company, the
     exemption of tax of that undertaking shall be deemed to have been withdrawn that assessment
     year in which such transaction is made.




(6) The Board shall give its decision on an application made under clause (e) of sub-section (4) within
     forty five days from the date of receipt of the application
by the Board, failing which the undertaking shall be deemed to have been approved by the
    Board for the purposes of this section:

          Provided that the Board shall not reject any application made under this section unless the
    applicant is given a reasonable opportunity of being heard.

(7) The Board may, on an application of any person aggrieved by any decision or order passed under
     sub-section (6), if the application is made within four months of the receipt or such decision or
     order, review the previous decision, order or orders and pass such order in relation thereto as it
     thinks fit.

(8) The income, profits and gains of the undertaking to which this section applies shall be computed
     in the same manner as is applicable to income chargeable under the head “Income from
     business or profession”.

      Provided that in respect of depreciation, only the allowances for normal depreciation
    specified in paragraph 3 of the Third Schedule shall be allowed.

(9) The income, profits and gains of the undertaking to which this section applies shall be computed
     separately from other income, profits and gains of the assessee, if any, and where the assessee
     sustains a loss from such undertaking it shall be carried forward and set off against the profits
     and gains of the said undertaking for the next year and where it cannot be wholly set off, the
     amount of the loss not so set off, shall be carried forward for the following year and so on, but
     no loss shall be carried forward beyond the period specified by the Board in the order issued
     under sub-section (6) or (7).

(10) Unless otherwise specified by the Government, nothing contained in this section shall be so
    construed as to exempt the following from tax chargeable under this section:-

      (a) any dividend paid, credited or distributed or deemed to have been paid, credited or
          distributed by a company to its share-holders out of the profits and gains;

      (b) any income of the said undertaking classifiable as “Capital gains” chargeable under the
          provisions of section 31;

      (c) any income of the said undertaking resulting from disallowance made under section 30.

(11) Where any exemption is allowed under this section and in the course of making assessment,
    the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified
    in this section are not fulfilled, the exemption shall stand withdrawn for the relevant
    assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for
    such year.
(12) Any such undertaking approved under this section may, not later than one year from the date
          of approval, apply in writing to the Board for the cancellation of such approval, and the Board
          may pass such order or orders thereon as it may deem fit.

    (13) Notwithstanding anything contained in this section, the Board may, in the public interest,
          cancel or suspend fully or partially any exemption allowed under this section.

    (14) The Board may make rules regulating the procedure for the grant of approval under sub-section
          (6), review under sub-section (7), furnish information regarding payment of other taxes by the
          said undertaking, and take such other measures connected therewith or incidental to the
          operation of this section as it may deem fit.

Sec-49. Income subject to deduction at source.—

        (zn) income derived on account of trustee fees;

        (zo) income derived on account of freight forward agency commission;]

        5
        [(zp) income derived on account of rental power;

        (zq) income derived on account of interest of Post Office Savings Bank Account;

        (zr) income derived on account of rental value of vacant land or plant or machinery;

        (zs) income derived on account of advertisement.

        (zu) on account of issue of share at a premium

        (zv) income derived from transfer of securities or mutual fund units by sponsor shareholders of
             a company.

Sec-52C. Deduction at source from compensation against acquisition of property.-

Any person responsible for paying any amount of compensation against acquisition by the Government
of any immovable property shall, at the time of paying such compensation deduct advance tax at the
rate of:

       a. 2% of the amount of such compensation where the immovable property is situated within
          the jurisdiction of any city corporation, paurasava or cantonment board
       b. 1% of the amount shall, at the time of paying such compensation, deduct advance tax at the
          rate of six per cent. of the amount of such compensation where the immovable property is
          situated outside the jurisdiction of any city corporation, paurasava or cantonment board.

Sec -52F. Collection of tax from brick manufacturers.- Any person responsible for issuing any
permission or renewal of permission for the manufacture of bricks shall, at the time of issuing such
permission or renewal of permission, collect tax from such manufacturer at the time of issuance of such
permission or renewal at the following rates:

           (a) 3[taka thirty thousand] for one section brick field;
           (b) 4[taka forty five thousand] for two section brick field;
           (c) 5[taka sixty thousand] for three section brick field:


Explanation:- For the purpose of this section, the word "section" shall have the same meaning as
defined in Mousumi Itvata Mullo Songjojon Kor Bidhimala, 2004

Sec -53FF. Collection of tax from persons engaged in real estate or land development business.-

      Any person responsible for registering any document for transfer of any land or building or
      apartment, under the provision of Registration Act 1908 (XVI of 1908), shall not register the
      document unless tax is paid at the following rate by the transferor who is engaged in real estate
      or land development business,-

      (a) in case of building or apartment situated
                         i. at Gulshan Model Town, Banani, Baridhara, Defence Officers’ Housing Society,
                            Dhanmondi residential area, Lalmatia Housing Housing Society, Uttara model
                            town, Bosundhara Residential area, Dhaka Cantonment area, Motijheel
                            Commercial area, Dilkusha Commercial area, Karwan Bazar Commercial area,
                            and Khulsi Residential area, Panchlaish Residential area and Agrabad of
                            Chittagong at the rate of taka two hundred per square metre;
                        ii. in areas other than areas mentioned in sub-clause (i), taka eight hundred per
                            square meter
      (b) (i)in case of land situated in any City Corporation, Pourosova or Cantonment Board to which
          the document relates and on which the stamp duty is chargeable under stamp Act, 1899 at
          the rate of 5[five per cent] upto August 2009 and 2% from September 1, 2009 of the deed
          value of the property.


          (ii) in case of non-agricultural land valued at a sum exceeding 1Lakh taka situated outside the
          jurisdiction of any city corporation, Pourosova or Cantonment Board to which the document
          relates on which the stamp duty is chargeable under stamp Act, 1899 at the rate of 5[five per
          cent] upto August 2009 and 1% from September 1, 2009 of the deed value of the property.

Sec 82C. Tax on income of certain persons. –

   (4) Income referred to under sub-section (1) in respect of which tax has been deducted or collected
       on account of supply of goods or execution of contract under section 52, manufacture of
       cigarettes under section 52B, import of goods under section 53, value of property for the
purpose of collection of tax under section 53H, interest on savings instruments under section
       52D 3[4{**} winnings under section 55, export of manpower under section 53B, remuneration or
       reward under section 53G, auction purchase under section 53C, payment on account of survey
       under section 53GG] 5[, payment on account of royalty or technical know-how fee under section
       52A(2),commission from 6[clearing and forwarding under section 52AAA,freight earning from
       shipping business of a resident under section 53AA, transfer of property by real estate or land
       developer under section 53FF, transaction by a member of any stock exchange under section
       53BBB]], 7[courier business of non-resident under section 53 CC, export cash subsidy under
       section 53 DD] shall be deemed to be the final discharge of tax liability under this Ordinance.

   Sec -124. Penalty for using fake Tax-payers Identification Number:

   Where a person has, without reasonable cause, used tax-payer’s Identification Number of another
   person or used a fake TIN on a return of income or any other documents where TIN Is required
   under this Ordinance, the Deputy Commissioner of Taxes may impose a penalty not exceeding taka
   twent thousand on that person.

   Sec-165A: Punishment for improper use of tax payer’s Identification Number (TIN)-

   A person is guilty of an offence punishable with imprisonment for a term which may extend to three
   years or fine upto taka fifty thousand, or with both if he deliberately uses or used a fake TIN of
   another person.

   Sec 184A. Requirement of certificate in certain cases.—

   Notwithstanding anything contained in this Ordinance, a certificate from the concerned Deputy
   Commissioner of Taxes or from any other person authorised by the Board in this behalf, containing
   the 2*tax payer’s identification number+ shall be required to be submitted to the concerned
   authority, by any person at the time of–

   q) Applying for connection of gas for commercial purpose in a city corporation, pourosova or
   cantonment board

   r)applying for connection of electricity for commercial purpose in a city corporation, pourosova or
   cantonment board

   s) registration, charge of ownership or renewal of fitness of a bus, truck, prime mover, lorry etc.,
   plying for hire

Sec-184D. Reward for collection and detection of evasion of taxes.--

    Notwithstanding anything contained in this Ordinance or any other law for the time being in force,
    the Board may, in such manner and in such circumstances and to such extent as may be prescribed,
    grant reward to the following persons :-
(a) an officer or employee of taxes department for outstanding performance in collection of taxes
        and detection of tax evasion;

      (c) any other person for furnishing information leading to detection of tax evasion

(2) THE Board may, in addition to the reward mentioned in the sub-section (1), grasnt rewards to
officers and employees of the board and the subordinate tax offices for a financial year for collecting of
revenue in excess of the revenue target as mey be prescribed.

Sec-184E Assistance to income tax authorities:

All offices and staff of government and semi-government organizations, law enforcement agencies,
autonomous bodies, statutory bodies, financial institutions, educational institutions, private
organizations, local government and non-government organizations shall assist the income tax
authorities in the discharge of their function under this Ordinance.

Expanding the taxation net

1. Spot assessment:

i.Those who are engaged in business with low return: those whose initial startup capital is not more than
8Lac without considering the areas, they will have to pay taka 2000 as tax and those whose initial
startup capital is more than 8Lac without considering the areas, they will have to pay taka 4000 as tax

ii.only applicable for low earning doctors and lawyers- those occupants who are engaged in the
occupation irrespective of area not more than 5years, they will have to pay tk 2000 as tax and those
occupants who are engaged in the occupation irrespective of area more than 5years but less than
10years, they will have to pay tk 4000 as tax

iii. tax under this procedure will remain same for the next two tax year.

iv.under this system, submission of TIN form for TIN issuance for the new taxpayers and paying tax of
taka 1000 have been loosened.

v. new 2page return form has been introduced under this process.

2. TIN certificate submission mandatory:

i. In the area of City corporation, Pourosova, and cantonment board for taking connection of gas and
electricity for commercial purpose.

ii.truck, prime mover, lorry etc transport for rental purpose
Capital market

In order to calculated the tax imposed on earnings derived from the share, debenture, bond or mutual
fund transactions of any listed company three sections and a rule have been introduced into the income
tax law. 10% tax has be imposed on the income of a company or firm, earned from trading shares of
listed companies in any stock exchange

Notwithstanding anything contained in any other provisions of this Ordinance or any other law, where a
company raises its share capital through book building or public offering or rights offering or placement
or preference or in any other way at a value in excess of face value, the company shall be charged, in
addition to tax payable under this Ordinance, tax at the rate of three per cent on the difference between
the value at which the share is sold and its face value.

Private medical, dental, engineering and information technology training institutions
(college/universities) have to pay tax at a concessional rate of 15%, like private colleges and universities
of other disciplines. Other produces like pelletted poultry feed as well as those in the fisheries business
will have to pay tax at a concessional rate of 5% where they did not have to pay before.

Reform of Tax Appellate Tribunal

A law has been made that allows appointing a district judge or a retired officer as a member of Tax
Appellate Tribunal.

Laws regarding establishing industries and infrastructure development

        Industries that are involved in the production of solar panels, energy saving bulbs and barrier
         contraceptive or rubber latex will be provided tax holiday
        Physical infrastructure like bridge, road, flyover, or any infrastructure to be built under Private
         Public Partnership (PPP) initiative has gained an infrastructure depreciation allowance of 1%.

Rationalizing the Rate for Collecting Income Tax at Source and increasing its boundary

    1.

                             Type of vehicle                Proposed tax rate

                             For motor car upto 1500cc      8,000/-

                             For motor car upto 2000cc      10,000/

                             For motor car above 2000cc 16,000/-

                             For jeep upto 2800cc           14,000/-

                             For jeep above 2800cc          18,000/
For microbus                 8000/-

      2.

Type of vehicle                    Revised rate

                                   Registration validity upto 10 Registration validity more than 10
                                   years                         years

Air-conditioned luxury bus         20,000/-                             10,000/-

Air-conditioned                    10,000/-                             6,000/-
minibus/coaster

Air-conditioned taxicab            7,000/-                              3,000/-

Prevention of tax evation

Fake TIN users will be fined as much as Tk. 20,000 and will face imprisonment and will be penalized
through the application of income tax prosecution case.

Income subject to deduction at source – Tax payable under this ordinance shall be deducted or
collected at source in respect of the following income, namely on account of issue of share at a premium
and income derived from transfer of securities or mutual fund units by sponsor shareholders of a
company etc.

      3. The following schedule will replace the Rule 16th Schedule:-

The Schedule

           Amount of                                                               Rate of deduction of tax
Sl.
                                                                                   at the time of making
No.
           payments                                                                payments.

1.         Where the payment does not exceed taka 2,00,000 (two lakh)              Nil

           Where the payment exceeds taka 2,00,000/- (two lakh) but does not
2.                                                                           1%
           exceed taka 5,00,000 (five lakh)

           Where the payment exceeds taka 5,00,000 (five lakh) but does not
3.                                                                          2.5%
           exceed taka 15,00,000 (fifteen lakh)
Where the payment exceeds taka 15,00,000 (fifteen lakh) but does
4.                                                                                 3.5%
       not exceed taka 25,00,000 (twenty five lakh)


       Where the payment exceeds taka 25,00,000 (twenty five lakh) but
5.                                                                                 4%
       does not exceed taka 3,00,00,000 (three crore)



6      Where the payment exceeds taka 3,00,00,000 (three crore)                    5%


       In case of oil supplied by oil marketing companies- (a) Where the
       payment does not exceed taka 2,00,000 (two lakh) ---------- Nil (b)
7
       Where the payment exceeds taka 2,00,000 (two lakh) --------------------
       0.75%




(2) rule 17 sub-rule (1), the term "three and a half per cent” will be replaced by "seven and a half per
cent "

(3) i. rule 17A term "at the rate of 3%" will be replaced by "at the rate of 5%"

ii. Following proviso will be used instead of the previous proviso:

Provided that this rule shall not apply in the case of import of goods specified below

(1) Live pure-bred breeding bovine animals (H.S. Code 0102.10.00); (2) Live bovine animals, other than
pure-bred breeding (H.S. Code 0102.90.00); (3) Fowls of the species Gallus domesticus (parent stock one
day chick) (H.S. Code 0105.11.10); (4) Live turkeys weighing <=185g, (parent stock of one day chick) (H.S.
Code 0105.12.10); (5) Live ducks, geese, guinea fowls <=185g (parent stock of one day chick) (H.S. Code
0105.19.10); (6) Live trout (Sa1mo trutta, Oncorhynchus mykiss, clarki, aguabonita, gilae, apache.) fry
(H.S. Code 0301. 91.10); (7) Live eels fry (H.S. Code 0301.92.10); (8) Live carp fry (H.S. Code 0301.93.10);



(9) Other live fish (exc1. trout, eels & carps) fry (H.S. Code 0301.99.10); (10) Live fry of rock lobster and
other sea craw fish (H.S. Code 0306.21.10); (11) Live fry of lobster (H.S. Code 0306.22.10); (12) Live fry of
shrimps and prawns (H.S. Code 0306.23.10); (13) Live fry of crabs (H.S. Code 0306.24.10); (14) Live fry of
crustaceans cons., nes (H.S. Code 0306.29.10); (15) Glands including pituitary glands (H.S. Code
0510.00.10); (16) Bovine semen (H.S. Code 0511.10.00); (17) Products of fish, crus., molluscs, other
aquatic, invertebrates, dead animals of chapter 3 (H.S. Code 0511.91.00); (18) Animal products, nes;
dead animals of chapter 1, unfit for human consum. (H.S. Codes 0511.99.10, 0511.99.90); (19) Dormant
bulbs, tubers... rhizomes (H.S. Code 0601.10.00); (20) Bulbs, tubers... rhizomes in growth or flower;
chicory plants and roots (H.S. Code 0601.20.00); (21) Unrooted cuttings and slips of plants (H.S. Code
0602.10.00); (22) Trees, shrubs, bushes, grafted or not, of kind bearing edible fruit or nuts (H.S. Code
0602.20.00); (23) Rhododendrons and azaleas, grafted or not (H.S. Code: 0602.30.00); (24) Roses,
grafted or not (H.S. Code 0602.40.00); (25) Seed potatoes, wrapped/canned upto 2.5kg (H.S. Code
0701.10.10); (26) Seed potatoes, others (H.S. Code 0701.10.90); (27) Onions (Excl. wrapped/canned upto
2.5 kg) other (H.S Code 0703.10.19); (28) Garlic (Excl. wrapped/canned upto 2.5 kg) other (H.S Code
0703.20.90); (29) Peas (Pisum sativum) (Excl. wrapped/canned up to 2.5 kg) other (H.S Code
0713.10.90); (30) Chickpeas (garbanzos) (Excl. wrapped/canned up to 2.5 kg) other (H.S Code
0713.20.90); (31) Lentils: Other (H.S. Code 0713.40.90); (32) Dried chilies (H.S. Code 0904.20.10); (33)
Ginger (Excl. wrapped/canned up to 2.5 kg) other (H.S. Code 0910.10.90); (34) Turmeric (curcuma) (Excl.
wrapped/canned up to 2.5 kg) other (H.S. Code 0910.30.90); (35) Durum wheat; wrapped/canned upto
2.5kg (H.S. Code 1001.10.10); (36) Durum wheat; other (H.S. Code 1001.10.90); (37) Wheat:
wrapped/canned upto 2.5kg (H.S. Code 1001.90.11); (38) Wheat: other (H.S. Code 1001.90.19); (39)
Maize seeds (H.S. Code 1005.10.00); (40) Rice (H.S. Code 1006.20.00, 1006.30.00 and 1006.40.00); (41)
Soya beans, whether or not broken (Excluding wrapped/canned upto 2.5 kg)(H.S Heading Code
1201.00.90); (42) Linseed, whether or not broken (Excluding wrapped/Canned up to 2.5 kg) (H.S Heading
Code 1204.00.90); (43) Other oil seeds and oleaginous fruits, whether or not broken (Excluding
wrapped/canned up to 2.5kg) (H.S Heading Code 1207.40.90); (44) Sugar beet seed (H.S. Code
1209.10.00); (45) Lucerne (alfalfa) seed, of a kind used for sowing (H.S. Code 1209.21.00); (46) Fescue
seed, of a kind used for sowing (H.S. Code 1209.23.00); (47) Kentucky blue grass seed, of a kind used for
sowing (H.S. Code 1209.24.00); (48) Rye grass seed, of a kind used for sowing (H.S. Code 1209.25.00);
(49) Other seeds of forage plants, of a kind used for sowing nes (H.S. Code 1209.29.00); (50) Seeds of
herbaceous plants cultivated principally for their flowers (H.S. Code 1209.30.00); (51) Vegetable seed of
a kind used for sowing (H.S. Code 1209.91.00); (52) Other seeds, fruit and spores, of a kind used fc
sowing, nes (H.S. Code 1209.99.00); (53) Crude soyabean oil (H.S. Code 1507.10.00); (54) Refined
soyabean oil (H.S. Code 1507.90.10 and H.S. Code 1507.90.90); (55) Crude palm oil (H.S. Code
1511.10.00); (56) Other including refined palm oil (H.S. Code 1511.90.90) ; (57) Refined sunflower oil
(H.S. Code 1512.19.00); (58) Refined corn oil (H.S. Code 1515.29.00); (59) Sugar (H.S code 1701.11.00);
(60) Sugar (H.S code 1701.12.00); (61) Sugar (H.S code 1701.91.00); (62) Sugar (H.S code 1701.99.00);
(63) Flours, meals & pellets, of meat unfit for human consumption; greaves wrapped/canned upto 2.5kg
(H.S. Code 2301.10.10); (64) Flours, meals & pellets, of meat unfit for human consumption: greaves;
other (H.S. Code 2301.10.90); (65) Flours, meals and pellets of fish, etc, unfit for human consumption
(H.S. Code 2301.20.00); (66) Brans, sharps and other residues of maize (com) (H.S. Code: 2302.10.00);
(67) Brans, sharps and other residues of wheat (H.S. Code: 2302.30.00); (68) Brans, sharps & oth.
residues of oth. cereals except maize and wheat (H.S. Code: 2302.40.00); (69) Brans, sharps and other
residues of leguminous plants (H.S. Code: 2302.50.00); (70) Residues of starch manufacture and similar
residues (H.S. Code: 2303.10.00); (71) Beet (pulp, bagasse and other waste of sugar manufacture (H.S.
Code: 2303.20.00); (72) Brewing or distilling dregs and waste (H.S. Code: 2303.30.00); (73) Oil-cake and
other solid residues, of soyabean oil (H.S. Code: 2304.00.00); (74) Oil-cake and other solid residues, of
ground-nut oil (H.S. Code: 2305.00.00); (75) Oil-cake and other solid residues of cotton seeds (H.S.Code
2306.10.00); (76) Oil-cake and other solid residues of linseed (H.S. Code: 2306.20.00); (77) Oil-cake and
other solid residues of sunflower seeds (H.S. Code: 2306.30.00); (78) Oil-cake and other solid residues of
rape or colza seeds of low erucic acid R/C (H.S. Code: 2306.41.00); (79) Oil-cake and other solid residues
of rape or colza seeds, other (H.S. Code: 2306.49.00); (80) Oil-cake and other solid residues of coconut
or copra (H.S. Code: 2306.50.00); (81) Oil-cake and other solid residues of palm nuts or kernels (H.S.
Code: 2306.60.00); (82) Oil-cake and other solid residues, of other vegetable fats and oils (H.S. Code:
2306.90.00); (83) Vegetable materials & veg. waste, veg. residues & by- products, animal feeding. (H.S.
Code: 2308.00.00); (84) Other preparations of a kind used in animal feeding, nes (H.S. Code: 2309.90.10
and 2309.90.90); (85) Iron ore (H.S Code: 2601.11.00); (86) Iron ore (H.S code 2601.12.00); (87) Iron ore
(H.S code 2601.20.00); (88) Petroleum oils and oils obtained from bituminous minerals, crude (H.S Code:
2709.00.00); (89) Motor spirit of H.B.O.C Type (H.S Code 2710.11.11); (90) Other motor spirits, including
aviation spirit (H.S Code 2710.11.19); (91) Spirit type jet fuel (H.S code 2710.11.20); (92) White spirit (H.S
Code 2710.11.31); (93) Naphtha (H.S Code: 2710.11.32); (94) Other (H.S Code 2710.11.39); (95) J.P. 1
kerosene type jet fuels (H.S code 2710.11.41); (96) J.P. 4 kerosene type jet fuels (H.S code 2710.11.42);
(97) Other kerosene type jet fuels (H.S code 2710.11.43); (98) Other kerosene (H.S code 2710.11.49);.
(99) Other medium oils and preparations (H.S code 2710.11.50); (100) Light diesel oils (H.S code
2710.11.61); (101) High-speed diesel oils (H.S code 2710.11.62); (102) Other (H.S code 2710.11.69);
(103) Furnace oil (H.S code 2710.19.11); (104) Other (H.S code 2710.19.12); (105) Petroleum bitumen in
Drum (H.S Code 2713.20.10); (106) Petroleum bitumen in Bulk (H.S Code 2713.20.90); (107) Iron oxides
and hydroxides (H.S Code 2821.10.00) (108) Magnesium Sulphates (H.S Code 2833.21.00); (109) Zinc
Sulphates (H.S Code 2833.29.10); (110) Disodium Tetraborate (H.S Code 2840.19.00); (111) Chemical
contraceptive preparation based on hormones on other products of heading 29.37 or on spermicides
(H.S. Code 3006.60.00); (112) Animal or vegetable fertilizers (H.S. Code 3101.00.00); (113) Urea,
whether or not in aqueous solution (H.S. Code 3102.10.00); (114) Double salts and mixtures of
ammonium sulphate and ammonium nitrate (H.S. Code 3102.29.00); (115) Ammonium nitrate, whether
or not in aqueous solution (H.S. Code 3102.30.00); (116) Mixtures of ammonium nitrate with inorganic
non fertilizing substances (H.S. Code 3102.40.00); (117) Sodium nitrate (H.S. Code 3102.50.00); (118)
Double salts and mixtures of calcium nitrate and ammonium nitrate (H.S. Code 3102.60.00); (119)
Mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution (H.S. Code 3102.80.00);
(120) Mineral or chemical fertilizers, nitrogenous including mixtures, nes (H.S. Code 3102.90.00); (121)
Triple superphosphates (H.S. Code 3103.10.20); (122) Other mineral or chemical fertilizers, phosphatic,
nes (H.S. Code 3103.90.00); (123) Potassium chloride (H.S. Code 3104.20.00); (124) Fertilizers... in
packages of a gross weight =<10kg (H.S. Code 3105.10.00); (125) Mineral or chemical fertilizers with
nitrogen, phosphorus and potassium (H.S. Code 3105.20.00); (126) Other mineral or chemical fertilizers
with nitrogen and phosphorus, nes (H.S. Code 3105.59.00); (127) Mineral or chemical fertilizers with
phosphorus and potassium, nes (H.S. Code 3105.60.00); (128) Other fertilizers, nes (H.S. Code
3105.90.00); (129) Polyethylene terephthalate (pet chips) in primary forms (H.S. Heading Codes
3907.60.10 and 3907.60.90); (130) Raw skins of sheep or lambs, with wool on (H.S. Code 4102.10.00);
(131) Raw pickled skins of sheep or lambs, without wool, not tanned (H.S. Code 4102.21.00); (132) Raw
skins of sheep or lambs, without wool, not pickled, not tanned (H.S. Code 4102.29.00); (133) Raw hides
and skins of reptiles, fresh or preserved, not tanned (H.S. code 4103.20.00); (134) Other raw hides and
skins, fresh or preserved, not tanned, nes (H.S. Code 4103.90.00); (135) Pulp of wood or of other fibrous
cellulosic materials; recovered (waste & scrap) paper or paperboard (Chapter 47, All H.S codes); (136)
Newspaper, journals and periodicals, whether or not illustrated or containing advertising material
(Heading 49.02 of FIRST SCHEDULE of customs Act, 1969); (137) Cotton, not carded or combed and
cotton, carded or combed; (H.S. Heading 52.01, 52.03); (138) Cotton Waste (H.S code 5202.99.00) (139)
Synthetic filament tow (acrylic or mod acrylic) imported by (VAT registered Synthetic staple fibre
manufacturer (H.S code 5501.30.10); (140) Synthetic staple fibres, of nylon or oth. polyamides, not
carded, combed/processed (H.S. Codes 5503.11.00 & 5503.19.00); (141) Synthetic staple fibres, of
polyesters, not carded, combed or processed (H.S. Code 5503.20.00); (142) Acrylic or modacry1ic synth.
staple fibres, not carded, combed or processed (H.S. Code 5503.30.00); (143) Synthetic staple fibres, of
polypropylene, not carded, combed or processed (H.S. Code 5503.40.00); (144) Synthetic stap1e fibres,
not carded, combed or processed (exl.nyl/po1est./acry/pp) (H.S. Code 5503.90.00); (145) Artificial staple
fibres, of viscose rayon, not carded, combed or processed (H.S. Code 5504.10.00); (146) Artificial staple
fibres, (exc1. viscose), not carded, combed or processed (H.S. Code 5504.90.00); (147) Waste of
synthetic fibre, (incl. noi1s, yam waste and garnetted stock) (H.S. Code 5505.10.00); (148) Waste of
artificial fibre, (incl. noils, yam waste and garnetted stock) (H.S. Code 5505.20.00); (149) Synthetic staple
fibres, of nylon or other po1yamides, carded, combed or processed (H.S. Code 5506.10.00); (150)
Synthetic staple fibres, of polyesters, carded, combed or processed (H.S. Code 5506.20.00); (151) Acrylic
or modacrylic synthetic staple fibres, carded, combed or processed (H.S. Code 5506.30.00);. (152)
Synthetic staple fibres, nes, carded, combed or processed (ex1. nyl./po1ester/acry) (H.S. Code
5506.90.00); (153) Artificial staple fibres, carded, combed or processed for spinning (H.S. Code
5507.00.00); (154) Unworked or simply sawn, cleaved or bruted (H.S code 7102.21.00); (155) Silver
bullion (H. S. Codes 7106.91.00, 7106.92.00); (156) Gold bullion (H. S. Code 7108.12.00, 7108.13.00);
(157) Ferrous products obtained by direct reduction of iron ore and ... or similar forms (Heading No.
7203); (158) Ferrous waste and scrap of stainless steel (H. S. Codes 7204.10.00, 7204.21.00, 7204.29.00,
7204.30.00, 7204.41.00, 7204.49.00); (159) Billet (H.S. Heading code 72.07); (160) Granules and
powders, of pig iron, spiegeleisen, iron or steel (Heading No. 72.05); (161) Iron and non-alloy steel in
ingots or other primary forms (excluding iron of heading 72.03) (Heading No. 72.06); (162) M. S. Rod
(H.S. Headings 72.13, 72.14, 72.15); (163) Angles shapes and sections of iron or non-alloy steel (Heading
No. 72.16); (164) Aircraft Engine (H.S code 8407.10.00); (165) G-Drive engine (H.S. Codes 8407.90.90,
8408.90.90); (166) Computer printer (H.S. Code 8443.32.10); (167) Toner cartridge/Inkjet cartridge for
computer printer (H.S. Code 8443.99.10); (168) Other parts for computer printer (H.S.Code 8443.99.20);
(169) Electronic cash register (H.S Code 8470.50.00); (170) Computer and Computer accessories (All
H.S.Code of Heading No. 84.71); (171) Parts and accessories of Computer (H.S. Code 8473.30.00); (172)
Cellular (Mobile/Fixed wireless) Telephone set (H.S. Code 8517.12.10); (173) Modem; Ethernet interface
card; computer network switch, hub and router (H.S.Code 8517.62.30); (174) Recorded magnetic media
for computer software (H.S.Code 8523.29.12); (175) Other magnetic media for computers (H.S.Code
8523.29.90); (176) Recorded optical media for computer software (8523. 40.12); (177) Optical media for
computers (H.S.Code 8523.40.90); (178) Flash memory card or similar media to be used with computer
(H.S.Code 8523.51.10); (179) Proximity cards and tags (H.S.Code 8523.59.10); (180) Machineries for
telecom sector (H.S. Codes 8517.61.00, 8517.62.10, 8517.62.20, 8525.50.90, and 8525.60.90); (181)
Computer monitor of a kind solely or principally used in an automatic data processing system of heading
84.71 (H.S. Code 8528.41.00); (182) Computer monitor size not exceeding 22 inch" (H.S. Code
8528.51.10); (183) Optical fibre cables (H.S.Code 8544.70.00); (184) Double decker bus run by
compressed natural gas (CNG) or any bus having a capacity of forty or more seats run by compressed
natural gas (CNG) (H.S. Code 87.02); (185) Built-up double decker bus, using cng as fuel (H.S. Code
8702.90.11); (186) Invalid chair (H.S. Code 8713.10.00)]; (187) Aircraft (H.S code 8802.20.00); (188)
Aircraft (H.S code 8802.30.00); (189) Aircraft (H.S code 8802.40.00); (190) Aircraft Parts (Heading 88.03)
(All H.S codes); (191) Vessels and other floating structure for breaking up (H.S. Heading Code
8908.00.00); (192) Kidney dialysis machine/Haemodialyser (Artificial Kidney); Baby incubator (H.S code
9018.90.20); (193) Other instruments and appliances: angiographic. cathetere wire, guidy cathetere
wire, sheath, baloons, stents. (H.S. Code 9018.90.30); (194) Other (H.S. Code 9021.29.00); (195) Artificial
joints (H.S. Code 9021.31.00); (196) Other (H.S. Code 9021.39.00); (197) Hearing aids, excluding parts
and accessories (H.S. Code 9021.40.00); (198) Specially designed for the use of the blind (H.S. Code
9101.19.10); (199) Specially designed for the use of the blind (H.S. Code 9101.29.10); (200) Specially
designed for the use of the blind (H.S. Code 9101.91.10); (201) Specially designed for the use of the blind
(H.S. Code 9101.99.10); (202) Specially designed for the use of the blind (H.S. Code 9102.11.10); (203)
Specially designed for the use of the blind (H.S. Code 9102.19.10); (204) Specially designed for the use of
the blind (H.S. Code 9102.21.10); (205) Specially designed for the use of the blind (H.S. Code
9102.29.10); (206) Specially designed for the use of the blind (H.S. Code 9102.91.10); (207) Specially
designed for the use of the blind (H.S. Code 9102.99.10); (208) Computer printers ribbons (H.S. Code
9612.10.10); (209) Capital machinery enjoying concessionary rate of import duty; (210) Triple super
phosphates, DAP fertilizer, MOP fertilizer and NPK fertilizer, ammonium sulfate, potassium sulfate,
magnesium sulfate and solubor (boron); (211) Spares & equipments mentioned in poultry S.R.O"

"Provided further that this rule shall not apply in the case of import of the following goods from Bhutan:-
(1) Cabbages, Cauliflowers, kohlrabi, kele and similar edible brassicas, fresh or chilled (All H. S. Code
under Heading No. 07.04); (2) Leguminous vegetables, shelled or unshelled, fresh or chilled (All H. S.
Code under Heading No. 07.08); (3) Other vegetables fresh or chilled (All H. S. Code under Heading No.
07.09); (4) Orange (H.S code 0805.10.10, 0805.10.90); (5) Apples, pears and quinces, fresh (All H. S. Code
under Heading No. 08.08); (6) Dried Chillies (H.S code 0904.20.10); (7) Cardamoms (H.S code
0908.30.10, 0908.30. 90); (8) Ginger (H.S code 0910.10.10, 0910.10.90); (9) Gum Resin (H.S code
1301.90.00); (10) Fruit juice (tinned or bottled) except pineapple juice, grapefruit (All H. S. Code under
Heading No. 20.09); (11) Boulders (H.S code 2517.10.00); (12) Dolomite (H.S codes 2518.10.00,
2518.20.00, 2518.30.00); (13) Gypsum (H.S code 2520.10.00); (14) Limestone (H.S code 2521.00.00); (15)
Calcium carbonate (H. S. Code 2836. 50.00); (16) Wood and Timber (All H.S codes under Heading No.
44.03, 44.04, 44.05); (17) Ferro-silicon: containing by weight more than 55% of silicon (H. S. Code 7202.
21.00); (18) Billetes/semi-finished products of iron or non-alloy steel, NES (H. S. Code 7207. 19.00);



    4. 3000 taka for one section of a brick field, 45000taka for two sections and 6000taka for three
       sections has been re-scheduled

    5. Brokerage fee for transacting share/debenture by the member of stock exchange has been set
       as source tax at the rate of .05%
6. All exporters are subject to source tax at a rate of .50% instead of ..25%

   7. Source tax from indenting buyers and foreign buyers agent commission has been set at 7.5%

   8. Source tax from insurance commission has been increased to 5%

   9. Source tax from stevedoring, private security service, clearing-forwarding service has een set at
      10%

   10. Source tax from freight forwarding service, courier business of Non-resident and general
       Insurance business’ surveyer fees are set at 15%

   11. Exemptions of taka 150000taka from income from Sanchaypata and Post office savings fund has
       been revoked. Now 10% source tax will be cut as source taz while providing the income of any
       amount from this instruments. But it is not applicable family sanchayapatra or pensioner
       sanchayapatra will not fall under this rule.



   Tax imposition at a reduced rate:

   1. Exemption from any income from fisheries by the company class taxpayers has been revoked
      and set at a rate of 5%. 10% investment from the income from this sector has been revoked.

   2. Exemption from any income from pelleted poultry feed has been revoked and set at a rate of
      5%. 10% investment from the income from this sector has been revoked.

   3. Institutions like Non-government medical, dental, engineering, IT engaged in imparting
      college/university are now not subject to exemption. Rather, they are subject to tax payment of
      15%

Amendment to the Third Schedule: Bridge, road or flyover have been included in this Schedule
for admitting accelerated depreciation claim along with plant and machinery used in an
industrial undertaking between 01 July 1977 and June 30, 2012

Amendment to the Sixth Schedule: Para 34, from the list of exemption from income tax on
fulfillment certain conditions, production of pelleted poultry feed has been excluded.
A new proviso has been included in this Schedule excluding the income of a company as
defined in clause (20) of Sec (2).

Further Para 41 exempting income received by an assessee as interest or profit from
pensioners' savings certificate has been withdrawn.
Amendment to the Eight Schedule: The amended Schedule has been appropriately amended to
effect all changes regarding tax collection and deduction at source.

SRO No 269-Law/Income tax/2010, date July 01, 2010: This has been issued to tax income
from transactions of securities other than Govt. securities and the rates of income tax have
been specified as:

Ten per cent on all companies as defined under clause (20) of section 2 and all firms included
under clause (32).

Five per cent on sponsor shareholders or directors of banks, financial institutions, merchant
banks, insurance companies, leasing companies, stock dealers or stock broker company
CHAPTER 4: RECOMMENDATIONS



    Future Reform Process: The Strategic Development Plan of NBR

Recently, with financial assistance from the World Bank, NBR has prepared a Strategic Development
Plan to describe its vision, goals and strategies to be implemented over the next few years in order to
modernize and strengthen tax policy and tax administration in Bangladesh. The core goals have been
identified by the NBR as follows:

· increase revenue collection targets through modernization of tax administration and procedures;

· develop a sound and transparent legal and regulatory system;

· identify areas where revenue is at risk and to deal firmly and fairly with noncompliance;

· facilitate trade flows leading to speedy clearance of import/export cargo;

· develop and manage an effective revenue administration staffed with a well trained and motivated
workforce

    Recommended Reforms

Personal Income taxes

Progressivity of Tax Rates

This study has analyzed the tax liability and degree of progressiveness of different levels of income
for personal income taxes since FY 1992 – FY 2002. It seems that both the rates are decreasing over
the years for the lower and middle-income earners but remain static for the higher income groups.
The results of periodic average of the two indicators also resemble the same. The sudden shifting of
income exemption limit for FY 2000 and FY 2001 were very unusual that entirely escaped the lower
income people that might lead them to be out of the purview of taxation. Both the rates found zero
at the initial level of income, which will be thought to be far above the average tax exempted level
even in neighboring south Asian countries. The effect in the context of Bangladesh is twofold. First,
it will obviously work against broadening the much-desired income tax net. Second, it might lead to
shift the tax liability only to a limited number of taxpayers of middle and higher-income groups.
Since FY 1992 to

FY 1999 it seems there were always a common effort to reduce the average tax rates for especially
the lower income people but for the middle and high-income earners it affected too slowly.
However for marginal rate of taxes it remains very proportional for the middle and high-income
earners. An effort has only been made in FY 2002 to 21 reconsider the tax-exempted limit as earlier
that might help the government to keep those taxpayers within the ambit of taxation. It is thus
recommended to soften the tax burden among all the taxpayers in such a manner that might reduce
the average tax rates of middle and higher income people.

Narrow Tax Base

The tax-to-GDP ratio in Bangladesh is the lowest among the developing countries. An improvement
in this ratio turns out to be a crucial condition for achieving an accelerated economic development.
The low per capita income and the existing structure of GDP in Bangladesh impose serious limitation
of raising tax revenue. In fact the present income-tax base is one of the lowest even among the
developing countries. In terms of population only 0.54 percent of the population were within the tax
net in 1999 and the ratio was only 0.25 percent in 1977. In the year 2002 the ratio has only raised
into 0.94 percent (Budget Speech, 2002). It denotes how slowly the tax net is widening. Introduction
of spot assessment system and simplification of self-assessment system played pivotal role in the
process. Use of modern computer technology in tax system and taxpayer services seems very
important in endeavoring better income tax administration. As stated earlier, the tax base is
admittedly very low measured in terms of the number of taxpayers. Apart from the administrative
deficiencies responsible for the low base, there is also a legal and conceptual limitation of the term
‘income’ which contributes to the diminution of the tax base (Taxation Enquiry Commission Report
1979, p. 79). Survey of potential taxpayers is one of the most effective tools in the developing
countries to expand the tax base which could be relevant for countries like Bangladesh (Sarker and
Kitamura, 2002). To be successful 22 in such task a coordinated action plan is needed including
different sectors of government, banks and financial institutions and local government.

Inequality of Taxing Urban and Rural Sectors

There is a common belief that the tax structure in Bangladesh is biased against the poorer class,
especially in the rural areas. On the other hand, there is also the view often expressed by a section
of the community, particularly in the urban sector, that the present tax structure weighs heavily
against the business and entrepreneur class. It is due to the fact that the effective tax rate is higher
in the urban sector than in the rural sector because of the difference in the nature of tax and the
intensity at which such tax is imposed on the two sectors, and the structure of consumption and
income between urban and rural sectors. The commission’s report presented the relative tax burden
of the two sectors from direct taxes. The average burden of direct taxes on urban sector was 0.31
percent as against 0.14 percent in the rural sector. It shows that the effective tax rate in the urban
sector was 2.21 times higher than that of the rural sector in 1979. Over the years the situation
remains the same and in fact still the extreme majority of taxpayers are urban people. This happens
because the urban sector is more monetized and the government has more control over the urban
sector. Such an inequality should be resolved and taken into account in future tax reforms.

Inequality in taxing Wages between Private and Public Sector
In Bangladesh, income tax for government employees is deemed paid by their employer that is
government. However, if a private employer pays income tax for its employees, such payments are
considered income, which creates additional tax burden for the employee of the private firm. This
seems discriminatory, that encourages employees of private firms to avoid or evade taxes. Such
discriminations create social inequality and distortion in the tax system of the country with negative

23 impact on her tax-GDP ratio and hindering the expansion of tax base as well. Since governments
of the developing countries solely run the development activities, the bureaucrats hold extra power
that enhance abuse of power and lead them to corruption. The recent corruption index published by
the UNDP (2002) resembles the same for Bangladesh. When such public servants are kept outside
the purview of taxation it works as some sort of incentive for them to become corrupted. The
problem obviously lies unresolved due to the existing poor salary structure of the government
employees that usually not frequently adjusted with the current higher inflation rate. Improving
existing salary structure as a means to protect corruption has been adopted by many other
developing countries as China and India (The Economist, May 2002). Government of Bangladesh
might have to coincide with the standard as to expect good governance and transparency among
civil servants. In that case rightsizing the government with maximizing salary level is much desired.

Cleaning up of all Income Tax Exemptions

Exemptions, deductions, and allowances play an important role in the tax system in providing
incentives for saving and capital formation in the private sector. They also meet other socio-
economic needs of the community. Nevertheless, they erode the tax base, which often necessitates
the application of high marginal rates of tax. This in turn dampens the spirit of work and enterprise
among the people, and also encourages evasion of tax and thereby undermines public morality. In
view of this, the study recommends a broad-based tax system with lower rate schedule but having
only fewer exemptions and deductions, rather than a system having a narrow base with steep
marginal rates.

Tax Amnesty

Tax amnesties usually raise funds that revenue collectors would otherwise have found difficult or
impossible to capture. It is presumed that there is significant amount of ‘untaxed income’ in
Bangladesh (Budget Speech, 2002). Thus one of the goals of the tax policy is always to direct
investment to socially and economically desirable sectors. In the context of Bangladesh repeated
opportunities have been provided for tax amnesty on ‘untaxed income’ but failed to generate
desired response from the public due to absence of proper direction of tax policy. The recent
finance act again proposed to accept any amount of undeclared income or black money
unconditionally until June 2005. It might have some positive effect by enhancing private investment
and through resolving unemployment to little extent. But such practice when goes perpetually could
have detrimental impact on the society as a whole. By definition, the underground economy exists
because of government’s so many taxes and regulation. Therefore, it seems to make sense that the
more the taxes and regulation, other things being equal, the larger the underground economy is
likely to be (Brooks, 2001). Lying with the principle government might be so cautious not to provide
   such scope for longer time rather should simplifying laws and regulations as to do away with such
   provisions.




   Reference:

Auerbach, A. J., J. Gokhale, and L. J. Kotlikoff (1991) “Generational Accounts: A

Meaningful Alternative to Deficit Accounting”, Tax Policy and the Economy

5: pp55-110

Bangladesh, The Two-Year Plan of Bangladesh, 1978-1980, Planning Commission,

Government of Bangladesh.

Bangladesh, Final Report of the Taxation Inquiry Commission, April 1979, Part One,

Ministry of Finance, Internal Resources Division, Government of the People’s

Republic of Bangladesh.

Bangladesh, Revenue Reforms Commission Report, The Daily Star, January 14, 2004

Bangladesh, Annual Reports, National Board of Revenue (NBR), 1999-2000,

Bangladesh, Income Tax Manual, Part – I, The Income Tax Ordinance, 1984 (XXXVI

of 1984) Government of the People’s Republic of Bangladesh, Published by

Bangladesh Government Press, Dhaka, 1999

   Bangladesh, Economic Review 2002, Published by Economic Advisors Wing,

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Income Tax Reforms In Bangladesh

  • 1. An Overview of the Reforms of the Bangladesh Taxation Prepared for Dr. Md Sajjad Hossain Bhuiyan Course Instructor: Taxation Prepared by Jahin Masnun Roll 07 BBA 15th batch Institute of Business Administration University of Dhaka November 09, 2010
  • 2. Acknowledgement I am very grateful to our course instructor Dr. Md Sajjad Hossain Bhuiyan for giving the opportunity to work on the taxation reformation.
  • 3. EXECUTIVE SUMMARY Since inception, taxation policies have faced reforms time and again to meet the demand of the changing world. This report focuses on those reforms made in the previous years. It also makes an effort to recommend some positive changes that can be made to make the taxation policy of Bangladesh more effective. Among the direct tax reforms, introduction of TIN, widening of withholding tax, simplification of self-assessment procedure, establishment of Large Taxpayers’ Unit (LTU) were introduced. Introduction of VAT, widening of VAT net, strengthening VAT administration, establishment of Large Taxpayers’ Unit (LTU) were among the indirect tax rules reforms. For the customs, there was amendment of Customs Act, simplification of procedures, introducing mandatory PSI, improvement in information system, establishing Central Intelligence Cell (CIC). Expansion of the taxation net, reformation in the capital market related tax rules, reformation of Tax Appellate Tribunal, prevention of tax evasion and tax imposition at a reduced rate are other major alteration that has been done over the years. The amendment made to the Third Schedule are Bridge, road or flyover have been included in this Schedule for admitting accelerated depreciation claim along with plant and machinery used in an industrial undertaking between 01 July 1977 and June 30, 2012 The amendment made to the Sixth Schedule is Para 34, from the list of exemption from income tax on fulfillment certain conditions, production of pelleted poultry feed has been excluded. A new proviso has been included in this Schedule excluding the income of a company as defined in clause (20) of Sec (2). Overall, it appears that the amendments are tax-collection driven. But in so doing, some basic principle of income and taxation thereon has been disregarded when premium realized on the issue of shares has been subjected to 3.0% income tax. Plainly, it is not an income rather part of the capital which is illegally taxed now.No amendment to simplify tax assessment and collection or to reduce the discretionary power of the tax officials has been made, though NBR repeatedly assured the representatives of various trade and other groups to do so. It appears that pre- budget consultation is an annual ritual, signifying nothing other than spending huge money, time etc. Recommendations have been made in this report regarding progressivity of Tax Rates, narrow Tax Base, inequality of Taxing Urban and Rural Sectors, inequality in taxing Wages between Private and Public Sector, leaning up of Income Tax Exemptions and tax Amnesty.
  • 4. CHAPTER 1: INTRODUCTION Tax helps the state in implementing development plans. So the tax laws guides the tax payers to help the state in performing such a duty. Time and again, taxation rules are amended. This assignment deals with those reformations which came in place with change in time. 1.1 Origin of the report: This report is the result of an individual work assigned by the Taxation course instructor Dr. Md Sajjad Hossain Bhuiyan. The topic of the report is “An Overview of the Reforms of the Bangladesh Taxation”. 1.2 Purpose: The primary purpose of this report is a partial fulfillment of Taxation course requirement. The secondary purpose is to find out the reformations of Taxation of Bangladesh. 1.3 Scope: The scope of the study is tax manual of Bangladesh 1.4 Methodology: Information was gathered from the following sources while preparing this report: Primary data: Income tax manual was used as primary source of data Secondary data: Internet resources as secondary source. 1.5 Limitations: Since there is not enough research on the taxation system in Bangladesh, it was tough to collect the necessary latest secondary data.
  • 5. CHAPTER 2: TAXATION SYSTEM IN BANGLADESH 2.1 Overview As Governments throughout the world have assumed more responsibility for the management of the economy, their financial transactions have increased in size and complexity. The developing countries (where needs are greatest and resources scarcest), have found their fiscal systems severely tested. The scarcity of means is indicated by low per capita national income and by conditions that result in low productivity and market imperfections. Other forms of scarcity that complicate fiscal policy in majority of the developing countries are shortage of well trained and experienced civil servants in economic and financial matters and a lack of system to provide needed information (transparency). The cyclical instability to which primary-producing nations are subjected is a hazard to revenue forecasting. If the government attempts to use fiscal policy to mitigate such fluctuations or instability, heavy demands are placed on the budget process. It goes without saying that SAl has a great role to play in ensuring accountability of those who are engaged in collection of revenue which is the life blood of the economy. 2.2 Revenue receipt of a government The revenue receipts of government consist of 2 parts:  tax-revenue, and  non-tax revenue Two basic differences between tax-revenue and non-tax revenue are (i) while the former is imposed by law, the latter's mandate is derived from rule, tariff or other agreement, (ii) while the former does not represent a direct benefit to the tax payer, the latter generally involves the rendering by government of a service or supply. Non-tax receipts are characterised by three criteria :- i. Large volume but small money value (hospital, police receipts, etc.) ii. Contractual (but outside the parameters of statutes e.g. forest receipts) and iii. Contractual, but within the parameters of statutes (e.g. mining royalties, mineral cases etc.). 2.3 Major heads of tax-revenues of Bangladesh: A. Taxes on Income and Profit 1. Income tax-Companies 2. Income tax-Other than Companies
  • 6. B. Taxes on Property & Capital Transfer Estate Duty and Gift Tax, Wealth Tax, Narcotics Duty, Land Revenue, Stamp duty-non-judicial, Registration C. Taxes on goods and services 1. Customs Duties 2. Excise Duties 3. Value Added Tax (VAT) 4. Supplementary Duty (On luxury items and in addition to VAT) 5. Taxes on Vehicles 6. Electricity Duties 7. Other Taxes and Duties (travel tax, turn over tax, etc.)
  • 7. CHAPTER 3: DESCRIPTION Following are the sections and their descriptions that are amended time and again: Sec-11. Establishment of Appellate Tribunal.— The Government shall appoint one of the members of the Appellate Tribunal to be the president thereof. Explanation.--For the purpose of this section, period of practice as chartered accountant shall include any period of practice as chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961) 2[or Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973)] or as registered accountant enrolled on the register of accountants under the Auditor's Certificate Rules, 1950 Sec-16E: Charge of tax on sale of share at a premium over face value- Notwithstanding anything contained in any other provisions or any other law, where a company raises its share capital through book building or public offering or rights offering or placement or preference or in any other way at a value in excess of face value, the company shall be charged , in addition to tax payable under this ordinance, tax at the rate of 3% on the difference between the value at which the share is sold and its face value Sec 19(24): Unexplained achievement deemed to be income- Where an assessee, being a private limited company or a public limited company not listed with a stock exchange, discloses investments in it's equity received from any shareholder or director during any income year, the amount so received as equity not being received by crossed cheque or bank transfer, shall be deemed to be the income of such assessee for that income year classifiable under the head "Income from other sources” Sec-19C: Special tax treatment in respect of investment in the purchase of Bond under Bangladesh Infrastructure Finance Fund-Notwithstanding anything contained in any other provision of this ordinance, No question as to the source of any sum invested by any person in the purchase of bond issued or caused to be issued under Bangladesh Infrastructure Finance Fund during the period between the first day of July, 2010 and thirteenth day of June, 2012 (both days inclusive), shall be raised if the assessee pays, before the filing of the return of income for the relevant income year, tax at the rate of 10% on such sum invested.
  • 8. Sec-46B. Exemption from tax newly established industrial undertakings set-up between the period of July, 2008 to June, 2011, etc. in certain cases.- (1) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from an industrial undertaking, tourism industry or physical infrastructure facility (hereinafter referred to as the said undertaking) set-up in Bangladesh between the first day of July, 2008 and the thirtieth day of June, 2011 (both days inclusive) shall be exempted from the tax payable under this Ordinance for the period, and at the rate, specified below: (a) if the said undertaking is set-up in Dhaka and Chittagong divisions, excluding the hill districts of Rangamati, Bandarban and Khagrachari, for a period of five years beginning with the month of commencement of commercial production or operation of the said undertaking: Period of Exemption Rate of Exemption For the first two years (first and second year) 100% of income For the next two years (third and fourth year) 50% of income For the last one year (fifth year) 25% of income (b) if the said undertaking is set-up in Rajshahi, Khulna, Sylhet and Barisal divisions and the hill districts of Rangamati, Bandarban and Khagrachari, for a period of seven years beginning with the month of commencement of commercial production or operation of the said undertaking: Period of Exemption Rate of Exemption For the first three years (first, second and third year) 100% of income For the next three years (fourth, fifth and sixth year) 50% of income For the last one year (seventh year) 25% of income ________________ 1 Ins. 46B by F.O. 2008 (2) For the purpose of the section,-
  • 9. (a) “industrial undertaking” means: (i) an industry engaged in the production of textile, textile machinery, jute goods, high value garments, pharmaceuticals, melamine, plastic products, ceramics, sanitary were, steel from iron ore, MS Rod, CI Sheet, fertilizer, insecticide and pesticide, computer hardware, petro-chemicals, agriculture machinery, boilers, compressors, basic raw materials of drugs, chemicals and pharmaceuticals and any other category of industrial undertaking as the Government may be notification in the official Gazette specify; Explanation: ‘high value garments’ means overcoats, jackets and suits. (ii) an industry engaged in agro-processing, ship building, diamond cutting and any other category of industrial undertaking as the Government may be notification in the official Gazette specify; (b) “physical infrastructure facility” means sea or river port, container terminals, internal container depot, container freight station Liquefied Natural Gas (LNG) terminal and transmission line, Compressed Natural Gas (CNG) terminal and transmission line, gas pipe line, flyover, mono-rail, underground rail, telecommunication other than mobile phone, large water treatment plant and supply through pipe line, waste treatment plant, solar energy plant, export processing zone and any other category of physical infrastructure facility as the Government may by notification in the official Gazette specify; (c) “tourism industry” means residential hotel having facility or three star or more and any other category of tourist industry facility as the Government may by notification in the official Gazette specify; (3) Notwithstanding anything contained in sub-section (2), for the purpose of this section industrial undertaking, tourism industry or physical infrastructure facility shall not include expansion of an existing undertaking. (4) The exemption under sub-section (1) shall apply to the said undertaking if it fulfils the following conditions, namely:- (a) that the said undertaking is owned and managed by- (i) a body corporate established by or under any law for the time being in force with its head office in Bangladesh; or (ii) a company as defined in the Companies Act, 1913 (VII of 1913) or Companies Act, 1994 (Act No. 18 of 1994) with its registered office in Bangladesh and having a subscribed
  • 10. and paid up capital of not less than ten lakh taka on the date of commencement of commercial production or operation; (b) that thirty percent of the exempted income under sub-section (1) is invested in the said undertaking or in any new industrial undertaking during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates and in addition to that, another ten percent of the exempted income under sub-section (1) is invested in each year before the expiry of three months from the end of the income year in the purchase of shares of a company listed with any stock exchange, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section. (c) that the said undertaking is not formed by splitting up or by reconstruction or reconstitution of business already in existence or by transfer to a new business of any machinery or plant used in business which was being carried on in Bangladesh at any time before the commencement of the new business; (d) that the said undertaking is approved, and during the relevant income year, stands approved by the Board for the purposes of this section; (e) that application in the prescribed form approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within six months from the end of the month of commencement of commercial production or operation. (5) Notwithstanding anything contained in this section, where an undertaking enjoying exemption of tax under this section is engaged in any commercial transaction with another undertaking or company having one or more common sponsor directors, and during the course of making an assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied that the said undertaking has purchased or sold goods at higher or lower price in comparison to the market price with intent to reduce the income of another undertaking or company, the exemption of tax of that undertaking shall be deemed to have been withdrawn that assessment year in which such transaction is made. (6) The Board shall give its decision on an application made under clause (e) of sub-section (4) within forty five days from the date of receipt of the application
  • 11. by the Board, failing which the undertaking shall be deemed to have been approved by the Board for the purposes of this section: Provided that the Board shall not reject any application made under this section unless the applicant is given a reasonable opportunity of being heard. (7) The Board may, on an application of any person aggrieved by any decision or order passed under sub-section (6), if the application is made within four months of the receipt or such decision or order, review the previous decision, order or orders and pass such order in relation thereto as it thinks fit. (8) The income, profits and gains of the undertaking to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head “Income from business or profession”. Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (9) The income, profits and gains of the undertaking to which this section applies shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking it shall be carried forward and set off against the profits and gains of the said undertaking for the next year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the following year and so on, but no loss shall be carried forward beyond the period specified by the Board in the order issued under sub-section (6) or (7). (10) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section:- (a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains; (b) any income of the said undertaking classifiable as “Capital gains” chargeable under the provisions of section 31; (c) any income of the said undertaking resulting from disallowance made under section 30. (11) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified in this section are not fulfilled, the exemption shall stand withdrawn for the relevant assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for such year.
  • 12. (12) Any such undertaking approved under this section may, not later than one year from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such order or orders thereon as it may deem fit. (13) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section. (14) The Board may make rules regulating the procedure for the grant of approval under sub-section (6), review under sub-section (7), furnish information regarding payment of other taxes by the said undertaking, and take such other measures connected therewith or incidental to the operation of this section as it may deem fit. Sec-49. Income subject to deduction at source.— (zn) income derived on account of trustee fees; (zo) income derived on account of freight forward agency commission;] 5 [(zp) income derived on account of rental power; (zq) income derived on account of interest of Post Office Savings Bank Account; (zr) income derived on account of rental value of vacant land or plant or machinery; (zs) income derived on account of advertisement. (zu) on account of issue of share at a premium (zv) income derived from transfer of securities or mutual fund units by sponsor shareholders of a company. Sec-52C. Deduction at source from compensation against acquisition of property.- Any person responsible for paying any amount of compensation against acquisition by the Government of any immovable property shall, at the time of paying such compensation deduct advance tax at the rate of: a. 2% of the amount of such compensation where the immovable property is situated within the jurisdiction of any city corporation, paurasava or cantonment board b. 1% of the amount shall, at the time of paying such compensation, deduct advance tax at the rate of six per cent. of the amount of such compensation where the immovable property is situated outside the jurisdiction of any city corporation, paurasava or cantonment board. Sec -52F. Collection of tax from brick manufacturers.- Any person responsible for issuing any permission or renewal of permission for the manufacture of bricks shall, at the time of issuing such
  • 13. permission or renewal of permission, collect tax from such manufacturer at the time of issuance of such permission or renewal at the following rates: (a) 3[taka thirty thousand] for one section brick field; (b) 4[taka forty five thousand] for two section brick field; (c) 5[taka sixty thousand] for three section brick field: Explanation:- For the purpose of this section, the word "section" shall have the same meaning as defined in Mousumi Itvata Mullo Songjojon Kor Bidhimala, 2004 Sec -53FF. Collection of tax from persons engaged in real estate or land development business.- Any person responsible for registering any document for transfer of any land or building or apartment, under the provision of Registration Act 1908 (XVI of 1908), shall not register the document unless tax is paid at the following rate by the transferor who is engaged in real estate or land development business,- (a) in case of building or apartment situated i. at Gulshan Model Town, Banani, Baridhara, Defence Officers’ Housing Society, Dhanmondi residential area, Lalmatia Housing Housing Society, Uttara model town, Bosundhara Residential area, Dhaka Cantonment area, Motijheel Commercial area, Dilkusha Commercial area, Karwan Bazar Commercial area, and Khulsi Residential area, Panchlaish Residential area and Agrabad of Chittagong at the rate of taka two hundred per square metre; ii. in areas other than areas mentioned in sub-clause (i), taka eight hundred per square meter (b) (i)in case of land situated in any City Corporation, Pourosova or Cantonment Board to which the document relates and on which the stamp duty is chargeable under stamp Act, 1899 at the rate of 5[five per cent] upto August 2009 and 2% from September 1, 2009 of the deed value of the property. (ii) in case of non-agricultural land valued at a sum exceeding 1Lakh taka situated outside the jurisdiction of any city corporation, Pourosova or Cantonment Board to which the document relates on which the stamp duty is chargeable under stamp Act, 1899 at the rate of 5[five per cent] upto August 2009 and 1% from September 1, 2009 of the deed value of the property. Sec 82C. Tax on income of certain persons. – (4) Income referred to under sub-section (1) in respect of which tax has been deducted or collected on account of supply of goods or execution of contract under section 52, manufacture of cigarettes under section 52B, import of goods under section 53, value of property for the
  • 14. purpose of collection of tax under section 53H, interest on savings instruments under section 52D 3[4{**} winnings under section 55, export of manpower under section 53B, remuneration or reward under section 53G, auction purchase under section 53C, payment on account of survey under section 53GG] 5[, payment on account of royalty or technical know-how fee under section 52A(2),commission from 6[clearing and forwarding under section 52AAA,freight earning from shipping business of a resident under section 53AA, transfer of property by real estate or land developer under section 53FF, transaction by a member of any stock exchange under section 53BBB]], 7[courier business of non-resident under section 53 CC, export cash subsidy under section 53 DD] shall be deemed to be the final discharge of tax liability under this Ordinance. Sec -124. Penalty for using fake Tax-payers Identification Number: Where a person has, without reasonable cause, used tax-payer’s Identification Number of another person or used a fake TIN on a return of income or any other documents where TIN Is required under this Ordinance, the Deputy Commissioner of Taxes may impose a penalty not exceeding taka twent thousand on that person. Sec-165A: Punishment for improper use of tax payer’s Identification Number (TIN)- A person is guilty of an offence punishable with imprisonment for a term which may extend to three years or fine upto taka fifty thousand, or with both if he deliberately uses or used a fake TIN of another person. Sec 184A. Requirement of certificate in certain cases.— Notwithstanding anything contained in this Ordinance, a certificate from the concerned Deputy Commissioner of Taxes or from any other person authorised by the Board in this behalf, containing the 2*tax payer’s identification number+ shall be required to be submitted to the concerned authority, by any person at the time of– q) Applying for connection of gas for commercial purpose in a city corporation, pourosova or cantonment board r)applying for connection of electricity for commercial purpose in a city corporation, pourosova or cantonment board s) registration, charge of ownership or renewal of fitness of a bus, truck, prime mover, lorry etc., plying for hire Sec-184D. Reward for collection and detection of evasion of taxes.-- Notwithstanding anything contained in this Ordinance or any other law for the time being in force, the Board may, in such manner and in such circumstances and to such extent as may be prescribed, grant reward to the following persons :-
  • 15. (a) an officer or employee of taxes department for outstanding performance in collection of taxes and detection of tax evasion; (c) any other person for furnishing information leading to detection of tax evasion (2) THE Board may, in addition to the reward mentioned in the sub-section (1), grasnt rewards to officers and employees of the board and the subordinate tax offices for a financial year for collecting of revenue in excess of the revenue target as mey be prescribed. Sec-184E Assistance to income tax authorities: All offices and staff of government and semi-government organizations, law enforcement agencies, autonomous bodies, statutory bodies, financial institutions, educational institutions, private organizations, local government and non-government organizations shall assist the income tax authorities in the discharge of their function under this Ordinance. Expanding the taxation net 1. Spot assessment: i.Those who are engaged in business with low return: those whose initial startup capital is not more than 8Lac without considering the areas, they will have to pay taka 2000 as tax and those whose initial startup capital is more than 8Lac without considering the areas, they will have to pay taka 4000 as tax ii.only applicable for low earning doctors and lawyers- those occupants who are engaged in the occupation irrespective of area not more than 5years, they will have to pay tk 2000 as tax and those occupants who are engaged in the occupation irrespective of area more than 5years but less than 10years, they will have to pay tk 4000 as tax iii. tax under this procedure will remain same for the next two tax year. iv.under this system, submission of TIN form for TIN issuance for the new taxpayers and paying tax of taka 1000 have been loosened. v. new 2page return form has been introduced under this process. 2. TIN certificate submission mandatory: i. In the area of City corporation, Pourosova, and cantonment board for taking connection of gas and electricity for commercial purpose. ii.truck, prime mover, lorry etc transport for rental purpose
  • 16. Capital market In order to calculated the tax imposed on earnings derived from the share, debenture, bond or mutual fund transactions of any listed company three sections and a rule have been introduced into the income tax law. 10% tax has be imposed on the income of a company or firm, earned from trading shares of listed companies in any stock exchange Notwithstanding anything contained in any other provisions of this Ordinance or any other law, where a company raises its share capital through book building or public offering or rights offering or placement or preference or in any other way at a value in excess of face value, the company shall be charged, in addition to tax payable under this Ordinance, tax at the rate of three per cent on the difference between the value at which the share is sold and its face value. Private medical, dental, engineering and information technology training institutions (college/universities) have to pay tax at a concessional rate of 15%, like private colleges and universities of other disciplines. Other produces like pelletted poultry feed as well as those in the fisheries business will have to pay tax at a concessional rate of 5% where they did not have to pay before. Reform of Tax Appellate Tribunal A law has been made that allows appointing a district judge or a retired officer as a member of Tax Appellate Tribunal. Laws regarding establishing industries and infrastructure development  Industries that are involved in the production of solar panels, energy saving bulbs and barrier contraceptive or rubber latex will be provided tax holiday  Physical infrastructure like bridge, road, flyover, or any infrastructure to be built under Private Public Partnership (PPP) initiative has gained an infrastructure depreciation allowance of 1%. Rationalizing the Rate for Collecting Income Tax at Source and increasing its boundary 1. Type of vehicle Proposed tax rate For motor car upto 1500cc 8,000/- For motor car upto 2000cc 10,000/ For motor car above 2000cc 16,000/- For jeep upto 2800cc 14,000/- For jeep above 2800cc 18,000/
  • 17. For microbus 8000/- 2. Type of vehicle Revised rate Registration validity upto 10 Registration validity more than 10 years years Air-conditioned luxury bus 20,000/- 10,000/- Air-conditioned 10,000/- 6,000/- minibus/coaster Air-conditioned taxicab 7,000/- 3,000/- Prevention of tax evation Fake TIN users will be fined as much as Tk. 20,000 and will face imprisonment and will be penalized through the application of income tax prosecution case. Income subject to deduction at source – Tax payable under this ordinance shall be deducted or collected at source in respect of the following income, namely on account of issue of share at a premium and income derived from transfer of securities or mutual fund units by sponsor shareholders of a company etc. 3. The following schedule will replace the Rule 16th Schedule:- The Schedule Amount of Rate of deduction of tax Sl. at the time of making No. payments payments. 1. Where the payment does not exceed taka 2,00,000 (two lakh) Nil Where the payment exceeds taka 2,00,000/- (two lakh) but does not 2. 1% exceed taka 5,00,000 (five lakh) Where the payment exceeds taka 5,00,000 (five lakh) but does not 3. 2.5% exceed taka 15,00,000 (fifteen lakh)
  • 18. Where the payment exceeds taka 15,00,000 (fifteen lakh) but does 4. 3.5% not exceed taka 25,00,000 (twenty five lakh) Where the payment exceeds taka 25,00,000 (twenty five lakh) but 5. 4% does not exceed taka 3,00,00,000 (three crore) 6 Where the payment exceeds taka 3,00,00,000 (three crore) 5% In case of oil supplied by oil marketing companies- (a) Where the payment does not exceed taka 2,00,000 (two lakh) ---------- Nil (b) 7 Where the payment exceeds taka 2,00,000 (two lakh) -------------------- 0.75% (2) rule 17 sub-rule (1), the term "three and a half per cent” will be replaced by "seven and a half per cent " (3) i. rule 17A term "at the rate of 3%" will be replaced by "at the rate of 5%" ii. Following proviso will be used instead of the previous proviso: Provided that this rule shall not apply in the case of import of goods specified below (1) Live pure-bred breeding bovine animals (H.S. Code 0102.10.00); (2) Live bovine animals, other than pure-bred breeding (H.S. Code 0102.90.00); (3) Fowls of the species Gallus domesticus (parent stock one day chick) (H.S. Code 0105.11.10); (4) Live turkeys weighing <=185g, (parent stock of one day chick) (H.S. Code 0105.12.10); (5) Live ducks, geese, guinea fowls <=185g (parent stock of one day chick) (H.S. Code 0105.19.10); (6) Live trout (Sa1mo trutta, Oncorhynchus mykiss, clarki, aguabonita, gilae, apache.) fry (H.S. Code 0301. 91.10); (7) Live eels fry (H.S. Code 0301.92.10); (8) Live carp fry (H.S. Code 0301.93.10); (9) Other live fish (exc1. trout, eels & carps) fry (H.S. Code 0301.99.10); (10) Live fry of rock lobster and other sea craw fish (H.S. Code 0306.21.10); (11) Live fry of lobster (H.S. Code 0306.22.10); (12) Live fry of shrimps and prawns (H.S. Code 0306.23.10); (13) Live fry of crabs (H.S. Code 0306.24.10); (14) Live fry of crustaceans cons., nes (H.S. Code 0306.29.10); (15) Glands including pituitary glands (H.S. Code 0510.00.10); (16) Bovine semen (H.S. Code 0511.10.00); (17) Products of fish, crus., molluscs, other aquatic, invertebrates, dead animals of chapter 3 (H.S. Code 0511.91.00); (18) Animal products, nes; dead animals of chapter 1, unfit for human consum. (H.S. Codes 0511.99.10, 0511.99.90); (19) Dormant
  • 19. bulbs, tubers... rhizomes (H.S. Code 0601.10.00); (20) Bulbs, tubers... rhizomes in growth or flower; chicory plants and roots (H.S. Code 0601.20.00); (21) Unrooted cuttings and slips of plants (H.S. Code 0602.10.00); (22) Trees, shrubs, bushes, grafted or not, of kind bearing edible fruit or nuts (H.S. Code 0602.20.00); (23) Rhododendrons and azaleas, grafted or not (H.S. Code: 0602.30.00); (24) Roses, grafted or not (H.S. Code 0602.40.00); (25) Seed potatoes, wrapped/canned upto 2.5kg (H.S. Code 0701.10.10); (26) Seed potatoes, others (H.S. Code 0701.10.90); (27) Onions (Excl. wrapped/canned upto 2.5 kg) other (H.S Code 0703.10.19); (28) Garlic (Excl. wrapped/canned upto 2.5 kg) other (H.S Code 0703.20.90); (29) Peas (Pisum sativum) (Excl. wrapped/canned up to 2.5 kg) other (H.S Code 0713.10.90); (30) Chickpeas (garbanzos) (Excl. wrapped/canned up to 2.5 kg) other (H.S Code 0713.20.90); (31) Lentils: Other (H.S. Code 0713.40.90); (32) Dried chilies (H.S. Code 0904.20.10); (33) Ginger (Excl. wrapped/canned up to 2.5 kg) other (H.S. Code 0910.10.90); (34) Turmeric (curcuma) (Excl. wrapped/canned up to 2.5 kg) other (H.S. Code 0910.30.90); (35) Durum wheat; wrapped/canned upto 2.5kg (H.S. Code 1001.10.10); (36) Durum wheat; other (H.S. Code 1001.10.90); (37) Wheat: wrapped/canned upto 2.5kg (H.S. Code 1001.90.11); (38) Wheat: other (H.S. Code 1001.90.19); (39) Maize seeds (H.S. Code 1005.10.00); (40) Rice (H.S. Code 1006.20.00, 1006.30.00 and 1006.40.00); (41) Soya beans, whether or not broken (Excluding wrapped/canned upto 2.5 kg)(H.S Heading Code 1201.00.90); (42) Linseed, whether or not broken (Excluding wrapped/Canned up to 2.5 kg) (H.S Heading Code 1204.00.90); (43) Other oil seeds and oleaginous fruits, whether or not broken (Excluding wrapped/canned up to 2.5kg) (H.S Heading Code 1207.40.90); (44) Sugar beet seed (H.S. Code 1209.10.00); (45) Lucerne (alfalfa) seed, of a kind used for sowing (H.S. Code 1209.21.00); (46) Fescue seed, of a kind used for sowing (H.S. Code 1209.23.00); (47) Kentucky blue grass seed, of a kind used for sowing (H.S. Code 1209.24.00); (48) Rye grass seed, of a kind used for sowing (H.S. Code 1209.25.00); (49) Other seeds of forage plants, of a kind used for sowing nes (H.S. Code 1209.29.00); (50) Seeds of herbaceous plants cultivated principally for their flowers (H.S. Code 1209.30.00); (51) Vegetable seed of a kind used for sowing (H.S. Code 1209.91.00); (52) Other seeds, fruit and spores, of a kind used fc sowing, nes (H.S. Code 1209.99.00); (53) Crude soyabean oil (H.S. Code 1507.10.00); (54) Refined soyabean oil (H.S. Code 1507.90.10 and H.S. Code 1507.90.90); (55) Crude palm oil (H.S. Code 1511.10.00); (56) Other including refined palm oil (H.S. Code 1511.90.90) ; (57) Refined sunflower oil (H.S. Code 1512.19.00); (58) Refined corn oil (H.S. Code 1515.29.00); (59) Sugar (H.S code 1701.11.00); (60) Sugar (H.S code 1701.12.00); (61) Sugar (H.S code 1701.91.00); (62) Sugar (H.S code 1701.99.00); (63) Flours, meals & pellets, of meat unfit for human consumption; greaves wrapped/canned upto 2.5kg (H.S. Code 2301.10.10); (64) Flours, meals & pellets, of meat unfit for human consumption: greaves; other (H.S. Code 2301.10.90); (65) Flours, meals and pellets of fish, etc, unfit for human consumption (H.S. Code 2301.20.00); (66) Brans, sharps and other residues of maize (com) (H.S. Code: 2302.10.00); (67) Brans, sharps and other residues of wheat (H.S. Code: 2302.30.00); (68) Brans, sharps & oth. residues of oth. cereals except maize and wheat (H.S. Code: 2302.40.00); (69) Brans, sharps and other residues of leguminous plants (H.S. Code: 2302.50.00); (70) Residues of starch manufacture and similar residues (H.S. Code: 2303.10.00); (71) Beet (pulp, bagasse and other waste of sugar manufacture (H.S. Code: 2303.20.00); (72) Brewing or distilling dregs and waste (H.S. Code: 2303.30.00); (73) Oil-cake and other solid residues, of soyabean oil (H.S. Code: 2304.00.00); (74) Oil-cake and other solid residues, of ground-nut oil (H.S. Code: 2305.00.00); (75) Oil-cake and other solid residues of cotton seeds (H.S.Code 2306.10.00); (76) Oil-cake and other solid residues of linseed (H.S. Code: 2306.20.00); (77) Oil-cake and
  • 20. other solid residues of sunflower seeds (H.S. Code: 2306.30.00); (78) Oil-cake and other solid residues of rape or colza seeds of low erucic acid R/C (H.S. Code: 2306.41.00); (79) Oil-cake and other solid residues of rape or colza seeds, other (H.S. Code: 2306.49.00); (80) Oil-cake and other solid residues of coconut or copra (H.S. Code: 2306.50.00); (81) Oil-cake and other solid residues of palm nuts or kernels (H.S. Code: 2306.60.00); (82) Oil-cake and other solid residues, of other vegetable fats and oils (H.S. Code: 2306.90.00); (83) Vegetable materials & veg. waste, veg. residues & by- products, animal feeding. (H.S. Code: 2308.00.00); (84) Other preparations of a kind used in animal feeding, nes (H.S. Code: 2309.90.10 and 2309.90.90); (85) Iron ore (H.S Code: 2601.11.00); (86) Iron ore (H.S code 2601.12.00); (87) Iron ore (H.S code 2601.20.00); (88) Petroleum oils and oils obtained from bituminous minerals, crude (H.S Code: 2709.00.00); (89) Motor spirit of H.B.O.C Type (H.S Code 2710.11.11); (90) Other motor spirits, including aviation spirit (H.S Code 2710.11.19); (91) Spirit type jet fuel (H.S code 2710.11.20); (92) White spirit (H.S Code 2710.11.31); (93) Naphtha (H.S Code: 2710.11.32); (94) Other (H.S Code 2710.11.39); (95) J.P. 1 kerosene type jet fuels (H.S code 2710.11.41); (96) J.P. 4 kerosene type jet fuels (H.S code 2710.11.42); (97) Other kerosene type jet fuels (H.S code 2710.11.43); (98) Other kerosene (H.S code 2710.11.49);. (99) Other medium oils and preparations (H.S code 2710.11.50); (100) Light diesel oils (H.S code 2710.11.61); (101) High-speed diesel oils (H.S code 2710.11.62); (102) Other (H.S code 2710.11.69); (103) Furnace oil (H.S code 2710.19.11); (104) Other (H.S code 2710.19.12); (105) Petroleum bitumen in Drum (H.S Code 2713.20.10); (106) Petroleum bitumen in Bulk (H.S Code 2713.20.90); (107) Iron oxides and hydroxides (H.S Code 2821.10.00) (108) Magnesium Sulphates (H.S Code 2833.21.00); (109) Zinc Sulphates (H.S Code 2833.29.10); (110) Disodium Tetraborate (H.S Code 2840.19.00); (111) Chemical contraceptive preparation based on hormones on other products of heading 29.37 or on spermicides (H.S. Code 3006.60.00); (112) Animal or vegetable fertilizers (H.S. Code 3101.00.00); (113) Urea, whether or not in aqueous solution (H.S. Code 3102.10.00); (114) Double salts and mixtures of ammonium sulphate and ammonium nitrate (H.S. Code 3102.29.00); (115) Ammonium nitrate, whether or not in aqueous solution (H.S. Code 3102.30.00); (116) Mixtures of ammonium nitrate with inorganic non fertilizing substances (H.S. Code 3102.40.00); (117) Sodium nitrate (H.S. Code 3102.50.00); (118) Double salts and mixtures of calcium nitrate and ammonium nitrate (H.S. Code 3102.60.00); (119) Mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution (H.S. Code 3102.80.00); (120) Mineral or chemical fertilizers, nitrogenous including mixtures, nes (H.S. Code 3102.90.00); (121) Triple superphosphates (H.S. Code 3103.10.20); (122) Other mineral or chemical fertilizers, phosphatic, nes (H.S. Code 3103.90.00); (123) Potassium chloride (H.S. Code 3104.20.00); (124) Fertilizers... in packages of a gross weight =<10kg (H.S. Code 3105.10.00); (125) Mineral or chemical fertilizers with nitrogen, phosphorus and potassium (H.S. Code 3105.20.00); (126) Other mineral or chemical fertilizers with nitrogen and phosphorus, nes (H.S. Code 3105.59.00); (127) Mineral or chemical fertilizers with phosphorus and potassium, nes (H.S. Code 3105.60.00); (128) Other fertilizers, nes (H.S. Code 3105.90.00); (129) Polyethylene terephthalate (pet chips) in primary forms (H.S. Heading Codes 3907.60.10 and 3907.60.90); (130) Raw skins of sheep or lambs, with wool on (H.S. Code 4102.10.00); (131) Raw pickled skins of sheep or lambs, without wool, not tanned (H.S. Code 4102.21.00); (132) Raw skins of sheep or lambs, without wool, not pickled, not tanned (H.S. Code 4102.29.00); (133) Raw hides and skins of reptiles, fresh or preserved, not tanned (H.S. code 4103.20.00); (134) Other raw hides and skins, fresh or preserved, not tanned, nes (H.S. Code 4103.90.00); (135) Pulp of wood or of other fibrous cellulosic materials; recovered (waste & scrap) paper or paperboard (Chapter 47, All H.S codes); (136)
  • 21. Newspaper, journals and periodicals, whether or not illustrated or containing advertising material (Heading 49.02 of FIRST SCHEDULE of customs Act, 1969); (137) Cotton, not carded or combed and cotton, carded or combed; (H.S. Heading 52.01, 52.03); (138) Cotton Waste (H.S code 5202.99.00) (139) Synthetic filament tow (acrylic or mod acrylic) imported by (VAT registered Synthetic staple fibre manufacturer (H.S code 5501.30.10); (140) Synthetic staple fibres, of nylon or oth. polyamides, not carded, combed/processed (H.S. Codes 5503.11.00 & 5503.19.00); (141) Synthetic staple fibres, of polyesters, not carded, combed or processed (H.S. Code 5503.20.00); (142) Acrylic or modacry1ic synth. staple fibres, not carded, combed or processed (H.S. Code 5503.30.00); (143) Synthetic staple fibres, of polypropylene, not carded, combed or processed (H.S. Code 5503.40.00); (144) Synthetic stap1e fibres, not carded, combed or processed (exl.nyl/po1est./acry/pp) (H.S. Code 5503.90.00); (145) Artificial staple fibres, of viscose rayon, not carded, combed or processed (H.S. Code 5504.10.00); (146) Artificial staple fibres, (exc1. viscose), not carded, combed or processed (H.S. Code 5504.90.00); (147) Waste of synthetic fibre, (incl. noi1s, yam waste and garnetted stock) (H.S. Code 5505.10.00); (148) Waste of artificial fibre, (incl. noils, yam waste and garnetted stock) (H.S. Code 5505.20.00); (149) Synthetic staple fibres, of nylon or other po1yamides, carded, combed or processed (H.S. Code 5506.10.00); (150) Synthetic staple fibres, of polyesters, carded, combed or processed (H.S. Code 5506.20.00); (151) Acrylic or modacrylic synthetic staple fibres, carded, combed or processed (H.S. Code 5506.30.00);. (152) Synthetic staple fibres, nes, carded, combed or processed (ex1. nyl./po1ester/acry) (H.S. Code 5506.90.00); (153) Artificial staple fibres, carded, combed or processed for spinning (H.S. Code 5507.00.00); (154) Unworked or simply sawn, cleaved or bruted (H.S code 7102.21.00); (155) Silver bullion (H. S. Codes 7106.91.00, 7106.92.00); (156) Gold bullion (H. S. Code 7108.12.00, 7108.13.00); (157) Ferrous products obtained by direct reduction of iron ore and ... or similar forms (Heading No. 7203); (158) Ferrous waste and scrap of stainless steel (H. S. Codes 7204.10.00, 7204.21.00, 7204.29.00, 7204.30.00, 7204.41.00, 7204.49.00); (159) Billet (H.S. Heading code 72.07); (160) Granules and powders, of pig iron, spiegeleisen, iron or steel (Heading No. 72.05); (161) Iron and non-alloy steel in ingots or other primary forms (excluding iron of heading 72.03) (Heading No. 72.06); (162) M. S. Rod (H.S. Headings 72.13, 72.14, 72.15); (163) Angles shapes and sections of iron or non-alloy steel (Heading No. 72.16); (164) Aircraft Engine (H.S code 8407.10.00); (165) G-Drive engine (H.S. Codes 8407.90.90, 8408.90.90); (166) Computer printer (H.S. Code 8443.32.10); (167) Toner cartridge/Inkjet cartridge for computer printer (H.S. Code 8443.99.10); (168) Other parts for computer printer (H.S.Code 8443.99.20); (169) Electronic cash register (H.S Code 8470.50.00); (170) Computer and Computer accessories (All H.S.Code of Heading No. 84.71); (171) Parts and accessories of Computer (H.S. Code 8473.30.00); (172) Cellular (Mobile/Fixed wireless) Telephone set (H.S. Code 8517.12.10); (173) Modem; Ethernet interface card; computer network switch, hub and router (H.S.Code 8517.62.30); (174) Recorded magnetic media for computer software (H.S.Code 8523.29.12); (175) Other magnetic media for computers (H.S.Code 8523.29.90); (176) Recorded optical media for computer software (8523. 40.12); (177) Optical media for computers (H.S.Code 8523.40.90); (178) Flash memory card or similar media to be used with computer (H.S.Code 8523.51.10); (179) Proximity cards and tags (H.S.Code 8523.59.10); (180) Machineries for telecom sector (H.S. Codes 8517.61.00, 8517.62.10, 8517.62.20, 8525.50.90, and 8525.60.90); (181) Computer monitor of a kind solely or principally used in an automatic data processing system of heading 84.71 (H.S. Code 8528.41.00); (182) Computer monitor size not exceeding 22 inch" (H.S. Code 8528.51.10); (183) Optical fibre cables (H.S.Code 8544.70.00); (184) Double decker bus run by
  • 22. compressed natural gas (CNG) or any bus having a capacity of forty or more seats run by compressed natural gas (CNG) (H.S. Code 87.02); (185) Built-up double decker bus, using cng as fuel (H.S. Code 8702.90.11); (186) Invalid chair (H.S. Code 8713.10.00)]; (187) Aircraft (H.S code 8802.20.00); (188) Aircraft (H.S code 8802.30.00); (189) Aircraft (H.S code 8802.40.00); (190) Aircraft Parts (Heading 88.03) (All H.S codes); (191) Vessels and other floating structure for breaking up (H.S. Heading Code 8908.00.00); (192) Kidney dialysis machine/Haemodialyser (Artificial Kidney); Baby incubator (H.S code 9018.90.20); (193) Other instruments and appliances: angiographic. cathetere wire, guidy cathetere wire, sheath, baloons, stents. (H.S. Code 9018.90.30); (194) Other (H.S. Code 9021.29.00); (195) Artificial joints (H.S. Code 9021.31.00); (196) Other (H.S. Code 9021.39.00); (197) Hearing aids, excluding parts and accessories (H.S. Code 9021.40.00); (198) Specially designed for the use of the blind (H.S. Code 9101.19.10); (199) Specially designed for the use of the blind (H.S. Code 9101.29.10); (200) Specially designed for the use of the blind (H.S. Code 9101.91.10); (201) Specially designed for the use of the blind (H.S. Code 9101.99.10); (202) Specially designed for the use of the blind (H.S. Code 9102.11.10); (203) Specially designed for the use of the blind (H.S. Code 9102.19.10); (204) Specially designed for the use of the blind (H.S. Code 9102.21.10); (205) Specially designed for the use of the blind (H.S. Code 9102.29.10); (206) Specially designed for the use of the blind (H.S. Code 9102.91.10); (207) Specially designed for the use of the blind (H.S. Code 9102.99.10); (208) Computer printers ribbons (H.S. Code 9612.10.10); (209) Capital machinery enjoying concessionary rate of import duty; (210) Triple super phosphates, DAP fertilizer, MOP fertilizer and NPK fertilizer, ammonium sulfate, potassium sulfate, magnesium sulfate and solubor (boron); (211) Spares & equipments mentioned in poultry S.R.O" "Provided further that this rule shall not apply in the case of import of the following goods from Bhutan:- (1) Cabbages, Cauliflowers, kohlrabi, kele and similar edible brassicas, fresh or chilled (All H. S. Code under Heading No. 07.04); (2) Leguminous vegetables, shelled or unshelled, fresh or chilled (All H. S. Code under Heading No. 07.08); (3) Other vegetables fresh or chilled (All H. S. Code under Heading No. 07.09); (4) Orange (H.S code 0805.10.10, 0805.10.90); (5) Apples, pears and quinces, fresh (All H. S. Code under Heading No. 08.08); (6) Dried Chillies (H.S code 0904.20.10); (7) Cardamoms (H.S code 0908.30.10, 0908.30. 90); (8) Ginger (H.S code 0910.10.10, 0910.10.90); (9) Gum Resin (H.S code 1301.90.00); (10) Fruit juice (tinned or bottled) except pineapple juice, grapefruit (All H. S. Code under Heading No. 20.09); (11) Boulders (H.S code 2517.10.00); (12) Dolomite (H.S codes 2518.10.00, 2518.20.00, 2518.30.00); (13) Gypsum (H.S code 2520.10.00); (14) Limestone (H.S code 2521.00.00); (15) Calcium carbonate (H. S. Code 2836. 50.00); (16) Wood and Timber (All H.S codes under Heading No. 44.03, 44.04, 44.05); (17) Ferro-silicon: containing by weight more than 55% of silicon (H. S. Code 7202. 21.00); (18) Billetes/semi-finished products of iron or non-alloy steel, NES (H. S. Code 7207. 19.00); 4. 3000 taka for one section of a brick field, 45000taka for two sections and 6000taka for three sections has been re-scheduled 5. Brokerage fee for transacting share/debenture by the member of stock exchange has been set as source tax at the rate of .05%
  • 23. 6. All exporters are subject to source tax at a rate of .50% instead of ..25% 7. Source tax from indenting buyers and foreign buyers agent commission has been set at 7.5% 8. Source tax from insurance commission has been increased to 5% 9. Source tax from stevedoring, private security service, clearing-forwarding service has een set at 10% 10. Source tax from freight forwarding service, courier business of Non-resident and general Insurance business’ surveyer fees are set at 15% 11. Exemptions of taka 150000taka from income from Sanchaypata and Post office savings fund has been revoked. Now 10% source tax will be cut as source taz while providing the income of any amount from this instruments. But it is not applicable family sanchayapatra or pensioner sanchayapatra will not fall under this rule. Tax imposition at a reduced rate: 1. Exemption from any income from fisheries by the company class taxpayers has been revoked and set at a rate of 5%. 10% investment from the income from this sector has been revoked. 2. Exemption from any income from pelleted poultry feed has been revoked and set at a rate of 5%. 10% investment from the income from this sector has been revoked. 3. Institutions like Non-government medical, dental, engineering, IT engaged in imparting college/university are now not subject to exemption. Rather, they are subject to tax payment of 15% Amendment to the Third Schedule: Bridge, road or flyover have been included in this Schedule for admitting accelerated depreciation claim along with plant and machinery used in an industrial undertaking between 01 July 1977 and June 30, 2012 Amendment to the Sixth Schedule: Para 34, from the list of exemption from income tax on fulfillment certain conditions, production of pelleted poultry feed has been excluded. A new proviso has been included in this Schedule excluding the income of a company as defined in clause (20) of Sec (2). Further Para 41 exempting income received by an assessee as interest or profit from pensioners' savings certificate has been withdrawn.
  • 24. Amendment to the Eight Schedule: The amended Schedule has been appropriately amended to effect all changes regarding tax collection and deduction at source. SRO No 269-Law/Income tax/2010, date July 01, 2010: This has been issued to tax income from transactions of securities other than Govt. securities and the rates of income tax have been specified as: Ten per cent on all companies as defined under clause (20) of section 2 and all firms included under clause (32). Five per cent on sponsor shareholders or directors of banks, financial institutions, merchant banks, insurance companies, leasing companies, stock dealers or stock broker company
  • 25. CHAPTER 4: RECOMMENDATIONS Future Reform Process: The Strategic Development Plan of NBR Recently, with financial assistance from the World Bank, NBR has prepared a Strategic Development Plan to describe its vision, goals and strategies to be implemented over the next few years in order to modernize and strengthen tax policy and tax administration in Bangladesh. The core goals have been identified by the NBR as follows: · increase revenue collection targets through modernization of tax administration and procedures; · develop a sound and transparent legal and regulatory system; · identify areas where revenue is at risk and to deal firmly and fairly with noncompliance; · facilitate trade flows leading to speedy clearance of import/export cargo; · develop and manage an effective revenue administration staffed with a well trained and motivated workforce Recommended Reforms Personal Income taxes Progressivity of Tax Rates This study has analyzed the tax liability and degree of progressiveness of different levels of income for personal income taxes since FY 1992 – FY 2002. It seems that both the rates are decreasing over the years for the lower and middle-income earners but remain static for the higher income groups. The results of periodic average of the two indicators also resemble the same. The sudden shifting of income exemption limit for FY 2000 and FY 2001 were very unusual that entirely escaped the lower income people that might lead them to be out of the purview of taxation. Both the rates found zero at the initial level of income, which will be thought to be far above the average tax exempted level even in neighboring south Asian countries. The effect in the context of Bangladesh is twofold. First, it will obviously work against broadening the much-desired income tax net. Second, it might lead to shift the tax liability only to a limited number of taxpayers of middle and higher-income groups. Since FY 1992 to FY 1999 it seems there were always a common effort to reduce the average tax rates for especially the lower income people but for the middle and high-income earners it affected too slowly. However for marginal rate of taxes it remains very proportional for the middle and high-income earners. An effort has only been made in FY 2002 to 21 reconsider the tax-exempted limit as earlier
  • 26. that might help the government to keep those taxpayers within the ambit of taxation. It is thus recommended to soften the tax burden among all the taxpayers in such a manner that might reduce the average tax rates of middle and higher income people. Narrow Tax Base The tax-to-GDP ratio in Bangladesh is the lowest among the developing countries. An improvement in this ratio turns out to be a crucial condition for achieving an accelerated economic development. The low per capita income and the existing structure of GDP in Bangladesh impose serious limitation of raising tax revenue. In fact the present income-tax base is one of the lowest even among the developing countries. In terms of population only 0.54 percent of the population were within the tax net in 1999 and the ratio was only 0.25 percent in 1977. In the year 2002 the ratio has only raised into 0.94 percent (Budget Speech, 2002). It denotes how slowly the tax net is widening. Introduction of spot assessment system and simplification of self-assessment system played pivotal role in the process. Use of modern computer technology in tax system and taxpayer services seems very important in endeavoring better income tax administration. As stated earlier, the tax base is admittedly very low measured in terms of the number of taxpayers. Apart from the administrative deficiencies responsible for the low base, there is also a legal and conceptual limitation of the term ‘income’ which contributes to the diminution of the tax base (Taxation Enquiry Commission Report 1979, p. 79). Survey of potential taxpayers is one of the most effective tools in the developing countries to expand the tax base which could be relevant for countries like Bangladesh (Sarker and Kitamura, 2002). To be successful 22 in such task a coordinated action plan is needed including different sectors of government, banks and financial institutions and local government. Inequality of Taxing Urban and Rural Sectors There is a common belief that the tax structure in Bangladesh is biased against the poorer class, especially in the rural areas. On the other hand, there is also the view often expressed by a section of the community, particularly in the urban sector, that the present tax structure weighs heavily against the business and entrepreneur class. It is due to the fact that the effective tax rate is higher in the urban sector than in the rural sector because of the difference in the nature of tax and the intensity at which such tax is imposed on the two sectors, and the structure of consumption and income between urban and rural sectors. The commission’s report presented the relative tax burden of the two sectors from direct taxes. The average burden of direct taxes on urban sector was 0.31 percent as against 0.14 percent in the rural sector. It shows that the effective tax rate in the urban sector was 2.21 times higher than that of the rural sector in 1979. Over the years the situation remains the same and in fact still the extreme majority of taxpayers are urban people. This happens because the urban sector is more monetized and the government has more control over the urban sector. Such an inequality should be resolved and taken into account in future tax reforms. Inequality in taxing Wages between Private and Public Sector
  • 27. In Bangladesh, income tax for government employees is deemed paid by their employer that is government. However, if a private employer pays income tax for its employees, such payments are considered income, which creates additional tax burden for the employee of the private firm. This seems discriminatory, that encourages employees of private firms to avoid or evade taxes. Such discriminations create social inequality and distortion in the tax system of the country with negative 23 impact on her tax-GDP ratio and hindering the expansion of tax base as well. Since governments of the developing countries solely run the development activities, the bureaucrats hold extra power that enhance abuse of power and lead them to corruption. The recent corruption index published by the UNDP (2002) resembles the same for Bangladesh. When such public servants are kept outside the purview of taxation it works as some sort of incentive for them to become corrupted. The problem obviously lies unresolved due to the existing poor salary structure of the government employees that usually not frequently adjusted with the current higher inflation rate. Improving existing salary structure as a means to protect corruption has been adopted by many other developing countries as China and India (The Economist, May 2002). Government of Bangladesh might have to coincide with the standard as to expect good governance and transparency among civil servants. In that case rightsizing the government with maximizing salary level is much desired. Cleaning up of all Income Tax Exemptions Exemptions, deductions, and allowances play an important role in the tax system in providing incentives for saving and capital formation in the private sector. They also meet other socio- economic needs of the community. Nevertheless, they erode the tax base, which often necessitates the application of high marginal rates of tax. This in turn dampens the spirit of work and enterprise among the people, and also encourages evasion of tax and thereby undermines public morality. In view of this, the study recommends a broad-based tax system with lower rate schedule but having only fewer exemptions and deductions, rather than a system having a narrow base with steep marginal rates. Tax Amnesty Tax amnesties usually raise funds that revenue collectors would otherwise have found difficult or impossible to capture. It is presumed that there is significant amount of ‘untaxed income’ in Bangladesh (Budget Speech, 2002). Thus one of the goals of the tax policy is always to direct investment to socially and economically desirable sectors. In the context of Bangladesh repeated opportunities have been provided for tax amnesty on ‘untaxed income’ but failed to generate desired response from the public due to absence of proper direction of tax policy. The recent finance act again proposed to accept any amount of undeclared income or black money unconditionally until June 2005. It might have some positive effect by enhancing private investment and through resolving unemployment to little extent. But such practice when goes perpetually could have detrimental impact on the society as a whole. By definition, the underground economy exists because of government’s so many taxes and regulation. Therefore, it seems to make sense that the more the taxes and regulation, other things being equal, the larger the underground economy is
  • 28. likely to be (Brooks, 2001). Lying with the principle government might be so cautious not to provide such scope for longer time rather should simplifying laws and regulations as to do away with such provisions. Reference: Auerbach, A. J., J. Gokhale, and L. J. Kotlikoff (1991) “Generational Accounts: A Meaningful Alternative to Deficit Accounting”, Tax Policy and the Economy 5: pp55-110 Bangladesh, The Two-Year Plan of Bangladesh, 1978-1980, Planning Commission, Government of Bangladesh. Bangladesh, Final Report of the Taxation Inquiry Commission, April 1979, Part One, Ministry of Finance, Internal Resources Division, Government of the People’s Republic of Bangladesh. Bangladesh, Revenue Reforms Commission Report, The Daily Star, January 14, 2004 Bangladesh, Annual Reports, National Board of Revenue (NBR), 1999-2000, Bangladesh, Income Tax Manual, Part – I, The Income Tax Ordinance, 1984 (XXXVI of 1984) Government of the People’s Republic of Bangladesh, Published by Bangladesh Government Press, Dhaka, 1999 Bangladesh, Economic Review 2002, Published by Economic Advisors Wing,