02 2011_Provisions of ITO 1984 as Amended Upto FA 2011 and Changes Brought in by the FA 2011 in...

8/2/2019 02 2011_Provisions of ITO 1984 as Amended Upto FA 2011 and Changes Brought in by the FA 2011 in Respect of V

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Rahman Rahman Huq, a partnership firm registered in

Bangladesh and a member firm of the KPMG network of

independent member firms affiliated with KPMG International

Cooperative (KPMG International), a Swiss entity

Chittagong office address:

102 Agrabad C/A (3rd floor)Chittagong, Bangladesh

Tel +880 (2)710 704, 710 996

Fax +880(2) 810 795

Email [email protected] www.kpmg.com/bd

Rahman Rahman HuqChartered Accountants

9 Mohakhali C/A (11th & 12th Floors)

Dhaka 1212

Bangladesh

Telephone +880 (2) 988 6450-2

Fax +880 (2) 988 6449

Email [email protected]

Internet www.kpmg.com/bd

September 2011


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Important provisions of ITO 1984 as amended up toRahman Rahman Huq Finance Act 2011 and changes brought in by theChartered Accountants Finance Act 2011 in respect of VAT Act and Rules

2011 Rahman Rahman Huq, a partnership firm registered in Bangladesh and a member firm of the KPMG network of independent

member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved. 1

About Rahman Rahman Huq (RRH)

In 1962, when Price Waterhouse Peat & Co. left Pakistan, one of its former partners Mr. Rezaur

Rahman joined forces with two other chartered accountants Mr. M. Saifur Rahman and Mr.

Tasfin I. Huq to form Rahman Rahman Huq.

Rahman Rahman Huq is a Member Firm of KPMG International. Rahman Rahman Huq

(hereinafter referred to as RRH or the Firm) takes pride in being the only Member Firm in

Bangladesh of any of the Big 4 global accounting firms. Member Firm status is the highest level

of affiliation offered by such global firms. This formally establishes RRH as the premier

accounting firm in Bangladesh. This status is positioned on top of our reputation built over thelast half a century by providing services to our clients with sound technical knowledge, combined

with uncompromising integrity, objectivity and independence.

RRH offers wide range of services in the fields ofAudit, Tax andAdvisory. We provide services

to a broad group of clients: major domestic and international companies, medium-sized

enterprises, non-profit organisations and government institutions etc. RRHs clients includeGrameenphone, Orascom Telecom, Ericsson, Alcatel Lucent, British American Tobacco, Nestle,

Singer, KAFCO, Bata Shoe, BOC Bangladesh, Holcim, Cemex, Standard Chartered Bank,

HSBC, Bank Asia, Eastern Bank, Southeast Bank, Siemens, Ericsson, Esprit , Chevron, Niko,

Summit Power, Khulna Power, Wartsila, APM Muller, Avery Dennisson, Wall Mart,

Halliburton, Sainsbury, Maidenform, Marico, Asian Paints, Youngone group etc. The

complicated problems faced by clients require a multidisciplinary approach. We strive to addvalue for our clients by drawing on knowledge and experience, gained in a wide range of

different organisations and markets and from a well structured comprehensive training

programme.

Currently RRH has five active partners. The practice is headed by Mr. Altaf Siddiqui. Other

partners are Mr. Mosleh Uddin, Mr. Adeeb H. Khan, Mr. Ali Ashfaq and Mr. Mehedi Hasan. All

partners are the members of the Institute of Chartered Accountants in England & Wales and the

Institute of Chartered Accountants of Bangladesh.

New legislation and regulations, market conditions and changing needs require a constant

revisioning of services and processes. We and the KPMG network invest considerably in

enhanced methodology both domestically and internationally, in order to continue to provideclients with a level of service that aims to meet or exceed their expectations.

Operating from offices in Dhaka and Chittagong, we employ around 225 people. The firm, the

partners and personnel who work for it, and the processes under which we operate are governed

not just by a strict code of ethics, but also by an elaborate risk management structure. We have an

IT Wing manned by professionals with the qualification and experience necessary to meet the

diverse needs of client.

Our ambition is to continue to recruit some of the best talent entering this profession, train them

in an environment of technical and ethical excellence to meet the highest expectations of clients

in this age of continually evolving multi-dimensional challenges.


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Table of Contents

1. Preface ...................................................................................................................................... 42. Tax rates ................................................................................................................................... 52.1 Tax rates for individual, etc. ...................................................................................................... 52.2 Corporate tax rates ..................................................................................................................... 62.3 Reduced rates of Corporate Tax applicable to certain industrial companies ............................. 72.4 Capital gains tax ........................................................................................................................ 82.5 Tax on dividend/remittance of profit ......................................................................................... 92.6 Applicability of tax rates ........................................................................................................... 92.7 Charge of minimum tax ............................................................................................................. 93. Personal income tax ............................................................................................................... 103.1 Introduction ............................................................................................................................. 103.2 Residence................................................................................................................................. 103.3 Taxable Income ....................................................................................................................... 103.4 Filing of tax return ................................................................................................................... 103.5 Requirement of taxpayer's Identification Number (TIN) ........................................................ 113.6 Issuance of TIN without application and re-registration ......................................................... 123.7 Penalty and prosecution for non-compliance .......................................................................... 123.8 Universal self assessment (Section 82BB) .............................................................................. 133.9 Submission of statement of Assets & Liability and Life Style ................................................ 143.10 Tax Clearance Certificate ........................................................................................................ 143.11 Tax rebate on investment......................................................................................................... 143.14 Deemed income ....................................................................................................................... 153.15 Deduction from income ........................................................................................................... 163.16 Special tax treatment in respect of investment in the purchase of Bangladesh

Government Treasury Bond .................................................................................................... 163.17 Investment in share market ...................................................................................................... 163.18 Imposition of tax on income from other than donation and subscription of chamber of

commerce and industry, trade federation or any such business organization ......................... 17

4. Corporate tax ......................................................................................................................... 184.1 Introduction ............................................................................................................................. 184.2 Residence................................................................................................................................. 184.3 Taxable income ....................................................................................................................... 184.4 Deductions of Income Tax Ordinance 1984 ............................................................................ 194.5 Allowable perquisites .............................................................................................................. 194.6 Deductions not admissible in certain circumstances ............................................................... 204.7 Donations................................................................................................................................. 204.8 Amendment in Section 82C (Final tax) ................................................................................... 204.9 Amendment in Third Schedule ................................................................................................ 214.10 Capital gains ............................................................................................................................ 22


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4.11 Income from other sources ...................................................................................................... 224.12 Losses ...................................................................................................................................... 224.13 Advance tax payment .............................................................................................................. 224.14 Tax filing and tax payment ...................................................................................................... 234.18 Penalty for non-compliance ..................................................................................................... 244.19 Assessment .............................................................................................................................. 254.20 Universal self assessment scheme ........................................................................................... 254.21 Appeals .................................................................................................................................... 264.22 Submission of certain return .................................................................................................... 274.23 Power of search and seizure .................................................................................................... 275. Tax incentives ........................................................................................................................ 285.1 Partial tax exemption for newly established industrial undertakings ...................................... 285.2 Partial tax exemption for newly established physical infrastructure facility ..................... 295.3 Income from exports ............................................................................................................... 305.4 Export Processing Zones ......................................................................................................... 305.5 Dividend income of non-resident shareholders received from companies set-up in

Export Processing Zones ......................................................................................................... 315.6 Income from the business of software development and information technology

enabled services (ITES) .......................................................................................................... 315.7 Income from poultry farming .................................................................................................. 315.8 Incentives for private sector power generation companies...................................................... 315.9 Expansion of the area of CSR activity to get tax rebate .......................................................... 326. Others amendments .............................................................................................................. 346.1 Alternative Dispute Resolution (Section 152F)....................................................................... 346.2 Ordinance to override other laws ............................................................................................ 347. Tax withholding/deduction/collection A comprehensive list ................................. 358. International Tax ................................................................................................................... 468.1 Double Taxation Avoidance Agreement ................................................................................. 468.2 Double Tax Relief ................................................................................................................... 469. Value Added Tax ................................................................................................................... 479.1 Important changes brought in the Finance Ordinance 2011 regarding VAT .......................... 479.2 Truncated rate .......................................................................................................................... 52


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1. PrefaceWe have prepared this booklet for the guidance of our existing and potential clients. This

booklet incorporates many of the important provisions of the Income Tax Ordinance

1984 as amended up to Finance Act 2011 and major changes brought in by the Finance

Act 2011 in respect of the VAT Act 1991 and the VAT rules 1991.

The information contained in this booklet is of a general nature and is not intended to

address the circumstances of any particular individual or entity. Although we endeavour

to provide accurate and timely information, there can be no guarantee that such

information is accurate as of the date it is received or that it will continue to be accurate

in the future. No one should act on such information without appropriate professional

advice after a thorough examination of the particular situation. This booklet contains

selected aspects of Bangladesh tax provisions; it is not intended to be comprehensive.

Finally we regret the delay in bringing out this edition; you will appreciate, ensuring

quality demands extra time and effort. We would however welcome your comments on

the booklet.


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2. Tax rates2.1 Tax rates for individual, etc.

No tax is payable by tax residents on income not exceeding Tk.180,000. The rates

applicable to resident individual, Hindu undivided family, partnership firm, non-resident

Bangladeshi, and association of persons are as follows:

Resident includes non-resident Bangladeshi

Total income Tax rate

First Tk 180,000 * Nil

Next Tk 300,000 10%

Next Tk 400,000 15%

Next Tk 300,000 20%

On the balance 25%

*Initial exemption limit for women taxpayers, taxpayers having age of 65 years or more

is Tk 200,000 and for retarded taxpayers is Tk 250,000.

Please see section 3.2 for the definition of residence.

Non-residents

Non-residents other than Bangladeshi non-residents shall pay tax on the total income at

the maximum rate of 25%.

Minimum taxpayable

Minimum tax payable is Tk 2,000.

Tax Rebate

The rebate of 10% for the taxpayers who paid tax @ 25% in the last preceding

assessment year is omitted in the Finance Act, 2011.

Charge of Surcharge

Where an assessee has shown net asset in his statement of assets and liabilities of more

than Tk. 20 million, a surcharge @10% will be payable on tax payable on income of such

income year.

Rate forowner of small or cottage industry

If an individual is the owner of a small or cottage industry situated in a less or leastdeveloped area and is engaged in manufacturing of products and derives income from


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such industries then he will be entitled to rebate on income derived from such industries

at the following rates:

Particulars Rate of rebate

If production during the year is more than 15

% but less than 25% compared to previous year

Rebate of 5% on tax payable on

income derived from such

industries.

If production during the year exceeds 25 % as

compared to previous year.

Rebate of 10% on tax payable on

income derived from such

industries.

Tax rates applicable for owners of motor car and Jeep

Tax payable at the time of registration or renewal of fitness certificate for Motor Vehicles

is:

Type of Motor Vehicle Tax payable (Taka)

Upto 1500 CC for each 10,000

Upto 2000 CC for each 15,000

More than 2000 CC for each 30,000

Upto 2800 CC for each Jeep 35,000

More than 2800 CC for each Jeep 50,000

However, this shall be treated as advance payment of tax of the assessee.

2.2 Corporate tax ratesThe rates of tax applicable to companies, banks, insurance and other financial

institutions:

Companies Rate

Publicly traded companies i.e. companies listed with any stock exchanges in

Bangladesh other than banks, insurance and other financial institutions andjute, textile, garment industries and mobile phone operator companies 27.5%

If such publicly traded companies other than banks, insurance and other

financial institutions, mobile phone operator companies, jute, textile and

garments companies declare/pay dividend at the rate of more than 20% of

capital then a rebate of 10% of tax payable shall be allowed

If such publicly traded companies other than banks, insurance and other

financial institutions, jute, textile and garments declare/pay dividend at less

than 10% of capital or fail to pay dividend within the time specified by

Securities and Exchange Commission (which is currently 60 days from date

of declaration) 37.5%


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Companies Rate

Non-listed companies including branch companies other than banks,

insurance and other financial institutions and jute, textile, garment

industries and mobile phone operator companies.

A rebate of an amount equal to 50% of the income derived from export

business will be allowed to an assessee other than a company not registered

in Bangladesh.

37.5%

Banks, insurance and other financial institutions 42.5%

Cigarette manufacturing companies (unlisted) 42.5%

Cigarette manufacturing companies, publicly listed in Bangladesh 35%

Mobile phone operator companies 45%

Mobile phone operator companies that convert themselves into a publicly

traded company by transfer of at least 10% shares through stock exchanges,

of which maximum 5% may be through Pre-Initial Public Offering

Placement 35%

If a company raises its share capital through book building or public

offering or rights offering or placement or preference share or in any other

way at a value in excess of face value, the company shall be charged,

premium tax on the difference between the value at which the share is sold

and its face value.

3%

2.3 Reduced rates of Corporate Tax applicable to certain industrialcompanies

Companies Rate

Textile industries (time extended upto 30 June 2013) 15%

Jute industries (time extended upto 30 June 2013) 15%

Research Institutes recognised under the Trust Act 15%

Private universities, Private medical college, Private dental college,

Private engineering college or Private college engaged in imparting

education on information technology15%

Exporter of knitwear and woven garment, terry towel, carton and

accessories of garments industry, jute goods, frozen food, vegetables,

leather goods, packed food etc.

*0.60% of

export

proceeds


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Companies Rate

Fisheries, poultry, seed production, marketing of locally produced seeds,

cattle farming, dairy farming, horticulture, frog farming, sericulture,

mushroom farming, floriculture (w.e.f. 1 July 2011 to 30 June 2013)

5%

*To be deducted by the banker through whom the export proceeds is received.

However, rebate on income from export business and rebate/penalty for paying more/less

dividend shall not apply to companies who are enjoying tax exemption or paying tax at

the aforesaid reduced rates.

2.4 Capital gains tax2.4.1 Capital gains tax on sale of shares of listed companies

Capital gain from transfer of stocks and shares of public limited

companies listed with stock exchange except listed govt securities (w.e.f 1

July 2010):

- For companies and firm

- Banks, financial institutions, merchant bank, insurance companies,

leasing companies, portfolio management companies, sponsorshareholders or directors of stock dealer or stock broker company or

directors of merchant banks

- Other shareholders holding 10% or more at any time during the year

except sponsor shareholders

10%

5%

5%

Provision that no tax shall be payable by a non-resident in respect of any profits and

gains arising from the transfer of stocks or shares of a public limited company subject to

the condition that the assessee is entitled to similar exemption in his country has been

deleted by the Finance Act 2011.

2.4.2 Capital gains tax other than sale of shares of listed companiesIn the case of a company, income from capital gains will be separated from total income

and tax @ 15% is payable on such capital gains regardless of the period of holding of the

asset from the date of its acquisition.

In the case of an assessee other than a company, if the asset is transferred before the

expiry five years from the date of acquisition, the capital gains will be taxed at the usual

rate applicable to the assessees total income including the capital gains. If the asset istransferred at any time after expiry of five years from the date of its acquisition, the

capital gains will be taxed at the usual rate applicable to the assessees total incomeincluding the capital gains or at the rate of 15% on the amount of capital gains whichever

of the two is lower.


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2.5 Tax on dividend/remittance of profitA company paying dividend shall withhold tax at the rate of 20% on dividend payable to

a company and at 10% on dividend payable to a resident other than a company. Tax

withholding on payment to non resident individual will be at the rate of 25%.

A branch company shall withhold tax at the rate of 20% while remitting profit to Head

Office.

However in cases where dividend is payable to a shareholder resident in a country with

which Bangladesh has signed a tax treaty, the rate mentioned in the tax treaty will apply.

2.6 Applicability of tax ratesThe aforesaid tax rates will apply for the assessment year 2011-2012, unless stated

otherwise.

2.7 Charge of minimum taxMinimum tax payable of Tk. 5,000 irrespective of loss or profit of the company has been

deleted by the Finance Act 2011. The new provisions are:

Every company shall, irrespective of its profits or loss in an assessment year including

the sustaining of a loss, the setting of a loss of earlier year or years or the claiming of

allowances or deductions (including depreciation), be liable to pay tax @ 0.50% of the

companys gross receipts from all sources for that year.

Gross receiptsmeans-a) All receipts derived from the sale of goods

b) All fees or charges for rendering services or giving benefits including

commissions or discounts

c) All receipts derived from any heads of income


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3. Personal income tax3.1 Introduction

In general, Bangladesh residents are taxed on their worldwide income. Other residents

are taxed on income earned in Bangladesh irrespective of where the payment is made.

There is no provision for married couples to file joint returns. Returns are to be filed by

September 30 for the income year ending previous June 30.

Individuals may file returns under universal self assessment scheme but the assessing

officers have discretion to scrutinize the returns.

Where total income exceeds Tk 400,000 during the income year for any individual, he is

required to pay advance tax as either 100% of last assessed tax or 75% of current

estimated income tax and pay the outstanding tax (if any) at the time of filing the return.

Otherwise, tax will be payable at the time of the return. Tax on an employees salary isrequired to be withheld on a monthly basis by the employer.

3.2 ResidenceAn individual is treated as a resident of Bangladesh if that person stays in Bangladesh for

182 days or more in any income year; or 90 days or more in an income year if that person

has previously resided in Bangladesh for a period of more than 365 days during the fourpreceding years. Residence is determined in Bangladesh purely on the period of presence

in Bangladesh irrespective of residency in other countries. Short-term visitors and

dependents of foreign nationals not earning any income in Bangladesh are not taxed in

Bangladesh and are not required to file tax return.

3.3 Taxable IncomeTaxable income is the total income earned from all sources, excluding exempt income.

Foreign source income of a resident is included in his taxable income with the exception

of the foreign source income of foreign nationals who are resident in Bangladesh.

3.4 Filing of tax returnFiling of tax return is compulsory for every person who

resides within the limit of City Corporation or a pourashava or a district/divisional

headquarter and who at any time during the relevant income year fulfils any of the

following conditions:

- owns a building which consists of more than one story and the plinth area of

which exceeds one thousand six hundred square feet;

-

owns a motor car, jeep or microbus;


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- subscribes a telephone;

- owns membership of a club registered under VAT Act 1991.

runs any business or profession having obtained a trade license from any City

Corporation, paurashava or union parishad and operates a bank account;

has registered with a recognised professional body as a doctor, lawyer, income tax

practitioner, chartered accountant, cost and management accountant, engineer,

architect or surveyor or any other similar profession;

is a member of a chamber of commerce and industry or trade association;

participates in a tender floated by the government, semi-government, autonomousbody or local authority;

is a candidate for an office of any union parishad, pourashava, city corporation or a

Member of Parliament;

in a fiscal year earns total income from all sources exceeding the minimum

threshold;

was assessed to tax for any one of the three years immediately preceding that income

year; and

is holding a Tax Identification Number (TIN).

all non-government organizations (NGOs) registered with NGO Affairs Bureau

3.5 Requirement of taxpayer's Identification Number (TIN)It has been made compulsory to obtain TIN certificate and acknowledgement receipt of

income tax return and submission of same at the time of:

opening a letter of credit for the purpose of import;

submitting an application for the purpose of obtaining an import registration

certificate;

renewal of trade license; submitting any tender documents;

submitting an application for membership of a club registered under the Companies

Act 1994;

issuance or renewal of license or enlistment of a surveyor of general insurance;

registration for purchase of land, building or apartment situated within any city

corporation deed value of which exceeds Taka one hundred thousand. This provision

will not apply in cases of non-resident Bangladeshis;

registration, change of ownership or renewal of fitness of a car, jeep or a microbus;


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registration, renewal of fitness or change of ownership of a bus, truck, prime mover,

lorry etc. plying for hire;

sanction of loan exceeding Taka five hundred thousand to a person by a commercial

bank or a leasing company;

issue of credit card;

issue of practicing license to a doctor, a lawyer, a chartered accountant, a cost and

management accountant or an income tax practitioner;

giving connection of ISD to any kind of telephone;

all sponsor directors at the time of registration of a company;

applying for or renewal of membership of any trade body;

Submitting a plan for construction of building for the purpose of obtaining approval

from RAJUK, CDA, KDA and RDA;

Issuance of drug license;

applying for connection of gas for commercial use within a city corporation,

paurashava or cantonment board; and

applying for connection of electricity for commercial use within a city corporation,

paurashava or cantonment board.

3.6 Issuance of TIN without application and re-registration Tax Identification Number (TIN) may be issued without any application where any

income tax authority has found a person having taxable income during the year and

has failed to apply before issuance of the said number.

Board may direct any person having a TIN to furnish such information or documentsfor the purpose of re-registration and thereafter issue a new Tax PayersIdentification Number.

3.7 Penalty and prosecution for non-complianceHeavy penalties have been prescribed for non-filing of tax returns within due dates as

shown below:

The Deputy Commissioner of Taxes may impose penalty for the failure to file tax

return by an assessee within the due date as shown below:

Higher of 10% of tax imposed on last assessed income and Tk 1,000; and a further

penalty of Tk 50 for every day during which the default continues.


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Where any person has without any reasonable cause failed to furnish particulars or

information as required by the concern tax official, the Deputy Director General,

Central Intelligence Cell or the Deputy Commissioner of Taxes may impose a

penalty of Tk 25,000 and in case of a continuing default a further penalty of Tk 500

for each day of default.

However discretionary power has been given to Deputy Commissioner of Taxes not

to impose penalty in appropriate cases.

Tk 500 and a further penalty of Tk 250 for every month during which default

continues in issuing certificate of deduction of tax in prescribed form to persons fromwhom tax has been collected/deducted as required under section 58 of the Income

Tax Ordinance or in filing of particulars of salary payments as provided in section

108 or information regarding payment of interest as provided in section 109 or

information regarding payment of dividend as provided in section 110 in Income Tax

Ordinance 1984.

Penalty for using fake Tax-payer's Identification Number

Where a person has, without reasonable cause, used Tax-payer's Identification

Number (TIN) of another person or used fake TIN on a return of income or any

other documents where TIN is required under the ITO 1984, the Deputy

Commissioner of Taxes may impose a penalty not exceeding taka twenty thousandon that person.

Punishment for improper use of Tax-payer's Identification Number

A person is guilty of an offence punishable with imprisonment for a term which may

extend to three years or with fine up to taka fifty thousand or both, if he deliberately

uses or used a fake Tax-payer's Identification Number (TIN) or a Tax-payer's

Identification Number (TIN) of another person.

Punishment for obstructing an income tax authority

A person, who obstructs an income tax authority in discharge of function, shall

commit an offence punishable with imprisonment of maximum one year or with a

fine, or with both.

3.8 Universal self assessment (Section 82BB)Where an assessee furnishes a correct and complete return of income, the Deputy

Commissioner of Taxes shall receive such return himself or cause to be received by any

other official authorised by him and issue a receipt of such return and the said receipt

shall be deemed to be an order of assessment for the assessment year for which the return

is filed. A return shall be taken to be completed, if it is filed in accordance with the

provisions of sub-section (2) of section 75 i.e. the return among others is furnished in the


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prescribed form setting forth therein such particulars and information as may be required

thereby including the total income of the assessee or sub-section (3) of section 75 i.e. the

last date for the submission of return may be extended by the Deputy Commissioner of

Taxes and tax has been paid in accordance with section 74.

Tax returns filed under self assessment scheme may be selected by the National Board of

Revenue or any other authority subordinate to the NBR for audit within two years from

the end of the assessment year.

Provided that a return of income shall not be selected for audit where such return shows

at least 20% higher income than the income assessed or shown in the return ofimmediate preceding assessment yearand-

1. does not have any income which is exempted from tax; or

2. does not have receipt of gift; or

3. does not have loan other than from a bank or financial institution; or

4. sum of accretion of net wealth and shown expenditure is covered by the income.

3.9 Submission of statement of Assets & Liability and Life StyleEvery individual assessee is required to file a Statement of Assets & Liabilities and Life

Style (personal expenditure statement) in prescribed form along with the tax return.

3.10 Tax Clearance CertificateEvery expatriate employed in Bangladesh is required to obtain a Tax Clearance

Certificate from the concerned Deputy Commissioner of Taxes. This certificate may

require to be produced as an evidence of tax payment/exemption at the port of departure

from Bangladeshbe it temporary or permanent departure.

3.11 Tax rebate on investmentAn assessee shall be entitled to a rebate from the amount of tax payable if he invests

during the income year in the following items-

a) life insurance premium

b) contribution to approved Provident Fund (both by the employee and employer)

c) contribution to deposit pension scheme amounting to not exceeding taka 60,000

d) donation to a national level institution setup in memory of the liberation war

e) donation to a national level institution set up in memory of father of the nation

f) donation to Prime Ministers Higher Education Fund

g) any sum invested in Bangladesh Government Treasury Bond

h) stocks and shares of listed companies, mutual fund and debentures listed with any

stock exchange through initial public offering*

*investment rebate in stocks and shares other than through IPO has been omitted.


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A rebate of 10% against tax payable will be allowed on an investment of maximum Tk

10,000,000 or 20% of the total income whichever is lower.

3.12 Withdrawal of certain exclusions from total incomeThe following incomes which were excluded from total income have been withdrawn by

the Finance Act 2011:

a) any income upto Tk. 5,000 from interest on any securities of the Government

b) any income upto Tk. 20,000 from interest on debentures approved by SEC

c) any income of the mutual fund of the person issuing such mutual fund

d)

any income upto Tk. 25,000 received from interest on savings instrument

3.13 Withdrawal of tax exemptions of certain individual andorganizations

a) any salary or remuneration of Prime Minister, Justice of supreme court, deputy

chairman and members of planning commission, member of law committee.

b) interest income on Wage Earners Development Bond

c) any donation to Flood Relief Fund of Chief administrator of Martial Law

d) any payment of bad loan by bringing money from foreign through banking channel

e) exemption benefit for industry set up in KEPZ

f)

any foreign income brought through banking channel by a resident

3.14 Deemed income House rent

(a) If rent free accommodation is provided to the employee, the rental value or 25%

of the basic salary, whichever is less, is included in income.

(b) Where the accommodation is provided to the employee at a concessional rate, the

difference between the rent actually paid by him and the amount determined to

be includable in the employees salary under sub rules (1) shall be added to hisincome.

(c)

Tax exempted house rent receivable in cash is Tk 15,000 per month or 50% ofbasic salary, whichever is lower.

Conveyance allowance

Tax exempt conveyance allowance receivable in cash is a maximum of Tk 24,000

per annum. If the employer provides conveyance for personal or private use, an

amount equal to 7.5% of the employees basic salary is added with total income.

Other deemed to be income details are available in section 19 of Income Tax Ordinance

1984.


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3.15 Deduction from incomeWhere a property or a portion thereof is self occupied and acquired, constructed, renewed

or reconstructed with borrowed capital, the amount of any interest payable on such

borrowed capital not exceeding Taka 2,000,000 (Tk two million) shall be deducted from

total income of the assessee.

In case the capital borrowed for the purpose is more than Taka 2,000,000 then

proportionate interest on Tk 2,000,000 shall be deducted from the income of the assessee

from all sources.

3.16 Special tax treatment in respect of investment in the purchase ofBangladesh Government Treasury Bond

No question regarding the source of any sum invested by any person in the purchase of

Bangladesh Government Treasury Bond during the period between the first day of July,

2010 and thirtieth day of June, 2012 (both days inclusive) shall be raised if the assessee

pays, before the filing of return of income for the relevant income year, tax at the rate of

10% on such sum invested with a declaration in the prescribed form. No investment

rebate will be allowed for such assessee for investment in Bangladesh Govt. Treasury

Bond.

3.17 Investment in share marketNo question regarding the source of any sum invested in stocks and shares of listed

companies (primary and secondary market) during the period between 1st

July 2011 to

30th

June 2012 shall be raised if the assesee pays tax at the rate of 10% on such sum

invested provided that:

(a) any person other than public limited company shall be eligible for such investment.

Tax payers such as individual, firm, private limited company shall declare such

unexplained income subject to paying tax at prescribed rate.

(b) a declaration shall be given to DCT within 15 July 2012 or at the time of making

investment by the assesee in a prescribed form. In case of investment exceeding the

declared investment, re-declaration shall be made on the excess amount.

(c) 10% tax shall be paid at the time of declaration made to the DCT.

(d) no transfer or withdrawal of such investment shall be allowed within 30 June 2013. If

so, such withdrawal or transfer shall be deemed as income of the assessee.

(e) if any tax evasion by the assesee is found out within 30 June 2011 and action is taken

under section 93 accordingly, the assessee shall not be allowed to declare such

investment.


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(f) such investment shall be shown in the statement of Assets and Liabilities of income

tax return.

(g) no investment rebate shall be allowed for such assessee for investment in stocks or

shares of listed companies through Initial Public Offering.

3.18 Imposition of tax on income from other than donation andsubscription of chamber of commerce and industry, trade

federation or any such business organization

Any income derived from any source other than donation or subscription by members ofgovernment approved chambers of commerce and industry, trade federation, industry and

trade cooperative etc shall fall under scope of tax liability.


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4. Corporate tax4.1 Introduction

Every company is required to obtain a TIN and register with the VAT authorities to

receive distinctive numbers. Companies have to file their tax returns within six months

from the end of the accounting period/year or following July 15, whichever is later. The

filing date may be extended by the tax authorities upon application. The return has to be

accompanied with audited statement of accounts, computation of total income along with

supporting schedules, for example depreciation schedule as per tax law, statement of

profit/loss on sale of fixed assets, excess perquisite calculation statements, etc. Anassessing officer verifies the filed return and may ask for information, explanation and

evidences of claims made where required. Based on this, they may re-compute the total

income and tax payable, and pass an order of assessment and communicate their order to

assessee.

An assessee who feels aggrieved may file an appeal against the order to the

Commissioner of Taxes (Appeal) and against the order of the Commissioner of Taxes

(Appeal) to the Taxes Appellate Tribunal. An assessee can file appeal against the order

of the Taxes Appellate Tribunal only on the point of law to the Supreme Court High

Court Division and then to the Appellate Division.

Company means a company incorporated under the Companies Act in Bangladesh and

includes:

A body corporate established or constituted by or under any law in force

Any nationalized bank or industrial or commercial organization

Any association or combination of persons, if any of such persons are registered as

a company

An association or body incorporated by or under any laws of a country outside

Bangladesh

Any foreign association or body which the NBR declares to be a company.

4.2 ResidenceIn general, a company which is incorporated in Bangladesh will be treated as a resident

for tax purposes. Any company whose control and management is situated wholly in

Bangladesh will also be treated as a resident for tax purposes.

4.3 Taxable incomeTax is imposed on total income from all sources after all allowable deductions. Sales

revenue, fees, commissions, realized exchange gains, rents, dividends and interest

received, provisions and trading liabilities not paid within three years, inadmissible

expenses are included in taxable income. All expenses, including realized exchange

losses and tax depreciation incurred in earning this income are allowable as deductions.


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Foreign source income of companies resident in Bangladesh is included in taxable

income but credit is given for tax paid outside Bangladesh. Foreign source income of a

non-resident company is not taxed in Bangladesh unless such income is brought into

Bangladesh.

Where a company not listed with a stock exchange, increases its paid up capital by

issuing shares in an income year, the amount so received as increased paid up capital

other than by crossed cheque or bank transfer, shall be deemed to be the income of the

company from other sources for that income year.

4.4 Deductions of Income Tax Ordinance 1984All expenses relating to the business operations of a company and incurred during the

relevant income year are allowed as deductions. Tax depreciation on fixed assets of the

company (except on cost of land) is allowed at prescribed rates as per third schedule. The

cost of free samples and entertainment expenses are allowed as deductions at prescribed

rates based on turnover and profit respectively or the actual amounts, whichever are

lower. Provision for bad debts is not allowed.

Specific provisions for accrued expenses in the relevant income year are allowed as

deductions. Prepaid expenses can be carried forward and allowed as a deduction in the

relevant accounting year.

Liabilities for expenses which remain unpaid are added to income in the fourth year butallowed as a deduction in the year when the payments are made.

4.5 Allowable perquisitesPerquisite has been defined as follows:

Perquisite means -

(i) any payment made to an employee by an employer in the form of cash or in any

other form excluding basic salary, festival bonus, incentive bonus not exceeding

10% of the disclosed profit of the relevant income year, arrear salary, advancesalary, leave encashment or leave fare assistance and overtime, and

(ii) any benefit, called by whatever name, provided to an employee by an employer,

whether convertible into money or not; other than contribution to a recognised

provident fund, approved pension fund, approved gratuity fund and approved

superannuation fund.

Provided that the provision of this clause shall not be applicable to an employer where

perquisites were paid to an employee in pursuance of any Government decision

published in the official Gazette to implement the recommendation of a Wage Board

Constituted by the Government.


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Limit of allowable perquisites has been fixed at Tk 250,000 per employee. The value of

perquisites paid/provided to an employee in excess of Tk 250,000 in an assessment year

shall be disallowed in company's assessment.

4.6 Deductions not admissible in certain circumstancesCertain payments will not be allowable for tax purposes as detailed below:

(i) Payment of salaries if tax is not deducted;

(ii) Payments from which applicable tax and VAT are not deducted and credited in

accordance with tax and VAT law.(iii) Payments of royalty, technical know-how fee and technical assistance fee in

excess of 8 % of net profit;

(iv) Head office expenses debited in excess of the 10% of net profit;

(v) Payment of salary to an employee:

(vi) Any payment by way of salary or remuneration made otherwise than by crossed

cheque or bank transfer by a person to an employee having monthly gross salary

of Taka fifteen thousand or more;

(vii) Any expenditure by way of incentive bonus exceeding 10% in aggregate of the

disclosed net profit;

(viii)Any expenditure by way of overseas travelling exceeding 1% of the disclosed

turnover.

4.7 DonationsAny sum paid by an assessee as donation to a philanthropic or educational institutions

which are approved by the Government for this purpose are exempt from tax. Such

institutions have to apply to National Board of Revenue for obtaining approval. Donation

to President/Prime Minister/Chief Adviser's relief fund is exempt from tax.

4.8 Amendment in Section 82C (Final tax)The following classes of income, from which tax deducted or collected at source is under

section 82C i.e. tax deducted or collected shall be treated as final discharge of taxliability:

- Section 52 - the amount representing the payments on account of supply of goods or

execution of contracts- Section 52A(2) - the amount representing the payments on account of royalty, fees

for technical services- Section 52AAAcommission from clearing and forwarding agency business- Section 52B the amount of the value of the banderols computed for purpose of

collection of tax on account of the manufacture of cigarettes- Section 52Cthe amount of compensation against acquisition of property- Section 52O the amount of salaries of a foreign technician serving in a diamond

cutting industry


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- Section 53 the amount as computed for purpose of collection of tax in respect ofgoods imported, not being goods imported by an industrial undertaking as raw

materials for its own consumption- Section 53AA the amount received or receivable from shipping business of a

resident

- Section 53B - the amount received on account of export of manpower- Section 53BB - the amount received on account of export of certain items- Section 53BBB - the amount received on account of transaction by a member of

stock exchange- Section 53Cthe amount of auction purchase

-

Section 53CC - the amount received on account of courier business of a non-resident- Section 53FF - the amount received from persons engaged in real estate or landdevelopment business

- Section 53G the amount or remuneration or reward, whether by way ofcommission or otherwise payable to an insurance agent

- Section 53GG the amount representing the payment on account of survey bysurveyor of a general insurance company

- Section 53H - the amount of the value of the property

- Section 53L the premium received from raising of share at a premium over face

value- Section 53M income derived from transfer of securities or mutual fund units by

sponsor shareholders of a company

-

Section 55the amount on account of winnings

Such tax shall not be adjusted against refund due from earlier year or years. Income from

such sources shall be determined on the basis of the tax deducted or collected at source

and the rate or rates of taxes applicable for the assessment year.

Income computed as per above shall not be set off with loss computed under any other

source for the assessment year or earlier years. Income shown in excess of deemed profit

shall be liable to tax payable. In computing income on excess profit, inadmissible

allowances under section 30 shall be added to the income.

4.9 Amendment in Third ScheduleDepreciation on physical infrastructure like road, bridge and flyover built under private

public partnership (PPP) is allowable from the assessment year 2011-12

Applicable rates are as follows:

i) Bridge 2%

ii) Road 2%

iii)Fly over 2%


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4.10 Capital gainsPlease refer to section 2.4.

4.11 Income from other sourcesUnder section 19(24) of the Income Tax Ordinance, 1984 Where an assessee, being a

private limited company or a public limited company not listed with a stock exchange,

increases its paid up capital by issuing shares in an income year, the amount so received

as increased paid up capital, not being received by crossed cheque or bank transfer, shall

be deemed to be the income of suchassessee for that income year classifiable under thehead "Income from other sources.

Where any sum, shown as initial capital of business or profession in return of income

filed under section 82BB, is transferred by a person partly or fully within the period of

limitation stipulated in the said action, the sum so transferred shall be deemed to be his

income for the year in which sum was transferred and shall be classified as under the

head Income from other sources.

Where an assessee, being a company, receives any amount as loan from any other

company otherwise than by a crossed cheque or by bank transfer, the amount so received

shall be deemed to be the income of such assessee for that income year in which such

loan was taken and shall be classified under the head Income from other sources.

Where an assessee, being a company, purchases directly or on hire one or more motor car

or jeep and value of any motor car or jeep exceeds 10% of its paid up capital, then 50%

of the amount that exceeds such 10% of the paid up capital shall be deemed to be the

income of such assessee for that income year under the head Income from othersources. This is applicable for each vehicle.

4.12 LossesLosses can be carried forward for a maximum period of six years, but cannot be carried

back. Unabsorbed tax depreciation can be carried forward indefinitely.

Foreign sourced losses of a Bangladesh entity cannot be offset against the Bangladesh

profits of that entity.

Capital losses can only be offset against capital gains. As with trading losses, unabsorbed

capital losses can only be carried forward for up to six years.

4.13 Advance tax paymentAdvance tax payment is required by an assessee on the basis of the last assessed income

or provisionally assessed income if his total income exceeds Tk 400,000. New assessees

will also be required to pay advance tax if their estimated income is likely to exceed Tk


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400,000. Here total income excludes agricultural income and capital gain except gain

from transfer of share of a company listed with a stock exchange.

Advance tax is to be paid in four equal instalments on 15 September, 15 December, 15

March and 15 June of the financial year for which the tax is payable.

In case of failing to pay advance tax, simple interest shall be charged on the amount by

which the tax as so paid falls short of the said 75% of the assessed tax.

4.14 Tax filing and tax paymentFiling of tax return within due date and payment of due taxes have been made

compulsory for any organisation who has obtained a Taxpayers Identification Number

(TIN). It is also compulsory for all companies, businesses and professional firms, joint

ventures, all registered NGOs, universities and educational institutions run commercially

to file tax returns and pay taxes within due dates.

4.15 Return of withholding taxEvery person shall file return of withholding tax collected or deducted quarterly

accompanied by withholding statement along with copy of treasury challans or payment

orders.

Such return shall be filed within 15th

of October, January, April and July for concerned

period to the concerned circle. The time for submission of such return may be extended

by DCT upon application for maximum 15 days. For failure of filing such return, penalty

u/s 124 will be imposed. If any inconsistency regarding deduction of taxes at source is

found, the Board may enter the premises of a deducting authority to monitor or verify

books of accounts.

4.16 Annual Information ReturnGovernment may require any person or group of persons responsible for registering or

maintaining books of accounts or other documents containing a record of any specified

financial transaction to furnish an Annual Information return in a prescribed form.

4.17 Concurrent jurisdictionBoard may direct any other authority to exercise concurrently the power and functions of

Deputy Commissioner of Taxes in respect of all or any proceeding relating to receiving

of return of income and issuance of acknowledgement.


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4.18 Penalty for non-complianceHeavy penalties are prescribed for non-filing of tax returns within due dates as shown

below:

The Deputy Commissioner of Taxes may impose penalty for the failure to file tax

return by an assessee within the due date as shown below:

Higher of 10% of tax imposed on last assessed income or Tk 1,000 and a further

penalty of Tk 50 for every day during which the default continues.

Where any person has without any reasonable cause failed to furnish particulars or

information as required by the concern tax official, the Deputy Director General,

Central Intelligence Cell or the Deputy Commissioner of Taxes may impose a

penalty of Tk 25,000 and in case of a continuing default a further penalty of Tk 500

for each day of default.

However discretionary power has been given to Deputy Commissioner of Taxes not

to impose penalty in appropriate cases.

Tk 500 and a further penalty of Tk 250 for every month during which default

continues in issuing certificate of deduction of tax in prescribed form to persons

from whom tax has been collected/deducted as required under section 58 of theIncome Tax Ordinance or in filing of particulars of salary payments as provided in

section 108 or information regarding payment of interest as provided in section 109

or information regarding payment of dividend as provided in section 110 in Income

Tax Ordinance 1984.

Penalty for using fake Tax-payer's Identification Number

Where a person has, without reasonable cause, used Tax-payer's Identification

Number (TIN) of another person or used 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 Tk 20,000 on that

person.

Punishment for improper use of Tax-payer's Identification Number

A person is guilty of an offence punishable with imprisonment for a term which may

extend to three years or with fine up to Tk. 50,000 or both, if he deliberately uses or

used a fake Tax-payer's Identification Number (TIN) or a Tax-payer's Identification

Number (TIN) of another person.


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Punishment for obstructing an income tax authority

A person, who obstructs an income tax authority in discharge of function, shall

commit an offence punishable with imprisonment of maximum one year or with a

fine, or with both.

4.19 AssessmentAssessment of companies may be completed under provisional assessment, assessment

on correct return or universal self assessment. The most common mode of assessment is

universal self assessment scheme.

4.20 Universal self assessment schemeUniversal self assessment scheme has been introduced for all companies under a new

section 82BB of the Income Tax Ordinance 1984 by the Finance Ordinance 2007.

Under universal self assessment scheme an assessee including a company, either

manually or electronically, may furnish a correct and complete return of income other

than under provision of section 82, the Deputy Commissioner of Taxes shall receive such

return himself or cause to be received by any other official authorised by him and issue a

receipt of such return manually or electronically and the said receipt shall be deemed tobe an order of assessment for the assessment year for which the return is filed.

A return shall be taken to be complete if it is filed in accordance with the provisions of

sub-section (2) or (3) of section 75 i.e., the return is to be furnished in the prescribed

form setting forth therein such particulars and information as may be required thereby

including the total income of the assessee and signed and verified by a competent

authority and filed within the due date and paid all due taxes before filing the return.

Any such return may be selected by the National Board of Revenue for audit by the

Deputy Commissioner of Taxes.

Provided that a return of income shall not be selected for audit where such return showsat least 20% higher income than the income assessed or shown in the return of the

immediate preceding assessment year and-

a) does not have any income which is exempted from tax; orb) does not have receipt of gift; orc) does not have loan other than from a bank or financial institution; ord) sum of accretion of net wealth and shown expenditure is covered by the incomeNo question regarding the source of investment shall be raised, if a new assessee shows

income at least 25% of the capital invested in business or profession. However, the initial

capital investment or any fraction thereof shall not be transferred or lent out within five

years from the end of the assessment year.


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The Deputy Commissioner of Taxes may extend the date up to three months from the

specified date and he may further extend the date up to three months with the approval of

the Inspecting Joint Commissioner.

Time limitation for disposal of universal self assessment cases is two years from the end

of assessment year in which the income was first assessable. So, all such cases will be

time barred after two years from the end of the assessment year.

4.21 AppealsAn assessee who feels aggrieved may file an appeal against the order to theCommissioner of Taxes (Appeal) and against the order of the Commissioner of Taxes

(Appeal) to the Taxes Appellate Tribunal. An assessee can file appeal against the order

of the Taxes Appellate Tribunal only on the point of law to the Supreme Court High

Court Division. An appeal can further be filed to the Appellate division if High Court

Division certifies to be a fit one for appeal

The first appeal before the Commissioner of Taxes (Appeal) shall have to file within 45

days of the date of received of assessment order. The time limit for second appeal is 60

days from the date of receiving of first appeal order. The first and second appeal shall be

disposed of by the appellate authority within 150 days and 180 days respectively from

the end of the month at which the appeal was filed.

An assessee can file appeal against the order of the Taxes Appellate Tribunal only in the

area of law to the High Court Division of Supreme Court within 90 days from the date of

receiving tribunal order. If the assessee is aggrieved with the decision of High Court

Division, he may appeal to the Appellate Division of Supreme Court. There is no time

limit for disposal of appeal to Supreme Court.

No appeal shall be filed to the Appellate Tribunal unless the assessee has paid 10%

which was 5% previously of the amount representing the difference between the tax as

determined on the basis of the order of the Appellate Joint Commissioner or

Commissioner of Taxes (Appeals) and the tax payable u/s 74.

Provided that the Commissioner of Taxes (Appeals) may reduce the requirement of such

payment upon application by the assessee if the grounds of such application appearsreasonable to him.

No reference shall lie against an order of the Taxes Appellate Tribunal unless the

assessee has paid the following tax at the rate of-

a) 25% of the difference between the tax determined by the Appellate Tribunal and the

tax payable u/s 74 where tax demanded does not exceed one million taka

b) 50% of the difference between the tax determined by the Appellate Tribunal and the

tax payable u/s 74 where tax demanded exceeds one million taka


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4.22 Submission of certain returnCompanies are required to submit the following returns to the Deputy Commissioner of

Taxes before the first day of September each year:

Information regarding the payment of salary

Information regarding the payment of interest

Information regarding the payment of dividend

4.23

Power of search and seizureUnder section 117 of the Ordinance, an officer may extract data or any inputs stored in

the electronic system or enter system by breaking through password protection or analyze

data, books of accounts etc.


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5. Tax incentives5.1 Partial tax exemption for newly established industrial

undertakings

Qualifying industrial undertaking set up between 1st

day of July 2011 and 30th

June 2013

and going into commercial production/operation within those dates will be entitled to

apply for granting tax exemption.

Tax exemption of different proportions will now be granted for 5 years if the said

undertakings are set up in Dhaka and Chittagong divisions excluding Dhaka,

Narayangonj, Gazipur, Chittagonj, Rangamati, Bandarbon and Khagrachari districts, for

a period of 7 years if the said undertakings are set up in Rajshahi, Khulna, Sylhet and

Barisal divisions and Rangamati, Bandarbon and Khagrachari districts.

Area Year

Exemption

% of income

Dhaka and Chittagong divisions

excluding Dhaka, Narayangonj,

Gazipur, Chittagonj, Rangamati,

Bandarbon and Khagrachari districts

First and second year 100%

Third and fourth year 50%

Fifth year 25%

Rajshahi, Khulna, Sylhet and Barisal

divisions and Rangamati, Bandarbon

and Khagrachari districts

First, second and third year 100%

Fourth, fifth and sixth year 50%

Seventh year 25%

Industrial undertaking does not include expansion of an existing undertaking for the

purpose of this section. In other words, expansion units will not qualify for tax

exemption. The following undertakings only will qualify for tax exemption:

a) "industrial undertaking" means

an industry engaged in the production of active pharmaceuticals ingredient

industry and radio pharmaceuticals industry, barrier contraceptive and rubberlatex, basic chemicals or dyes and chemicals, basic ingredients of electronic

industry, Bio-fertilizer, Bio-technology, boilers, compressors, computer

hardware, energy efficient appliances, insecticide or pesticide, petro-chemical,

pharmaceuticals, processing of locally produced fruits and vegetables,

radioactive application industry, textile machinery, tissue grafting and any other

category of industrial undertaking as the Government may by notification in the

official Gazette specify;

b) only those profits and gains of the said industry shall qualify for tax exemption

which are within the purview of section 28, Income from business or profession, of

the Income Tax Ordinance, 1984.


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c) The newly established undertaking is required to ensure that their paid up capital is

not less than two millionand thirty per cent of the income exempted is invested in

the said undertaking or in any new industrial undertakings 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 another 10% of the income exempted 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 exchanges in

Bangladesh, failing which the income so exempted shall, notwithstanding the

provisions of this Ordinance, be subject to tax in the assessment year in which the

undertaking failed to comply with the provision.

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.

d) The undertaking has to apply in prescribed form for approval within six months from

the end of the month of commencement of commercial production and be approved

by the Board for this purpose.

e) The undertaking need to obtain a clearance certificate from the Directorate of

Environment and the undertaking has to maintain books of account on a regular basis

and submits income tax return under section 75 of the ordinance.

5.2 Partial tax exemption for newly established physicalinfrastructure facility

Qualifying physical Infrastructure set up between 1st day of July 2011 and 30th June

2013 and going into commercial production/ operation within those dates will be entitled

to apply for granting tax exemption. Tax exemption of different proportion will now be

granted for 10 years if the said physical undertakings are set up in any area of

Bangladesh.

YearExemption %

of incomeFor the first five years (first, second, third, fourth and fifth year) 100%

For the next three years (sixth, seventh and eighth year) 50%

For the last two years (ninth and tenth year) 25%

Physical Infrastructure facility" meansan industry engaged in the production of deep sea port, elevated expressway, export

processing zone, flyover, gas pipe line, Hi-tech park, information technology village or

software technology zone, information technology park, large water treatment plan and

supply through pipeline, LNG terminal and transmission line, mono-rail, rapid transit,

renewable energy, sea or river port, toll road, underground rail, waste treatment plan or

any other category as the Government may by notification in the official Gazette specify;


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a) Only those profits and gains of the said industry shall qualify for tax exemption which is

within the purview of section 28, Income from business or profession, of the Income Tax

Ordinance, 1984.

b) The newly established undertaking is required to ensure that their subscribed and paid up

capital is not less than two million and thirty per cent of the income exempted is invested

in the said undertaking or in any new industrial undertakings 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 another 10% of the income exempted ) 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 exchanges in Bangladesh, failingwhich the income so exempted shall, notwithstanding the provisions of this Ordinance,

be subject to tax in the assessment year in which the undertaking failed to comply with

the provision.

c) 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.

d) The undertaking has to apply in prescribed form for approval within six months from the

end of the month of commencement of commercial production and be approved by the

Board for this purpose.

e) The undertaking need to obtain a clearance certificate from the Directorate of

Environment and the undertaking has to maintain books of account on a regular basis and

submits income tax return under section 75 of the ordinance.

5.3 Income from exports50 % of income derived by any taxpayer from export shall be exempt from tax, except

for a company not incorporated in Bangladesh and company paying tax at a reduced rate.

5.4 Export Processing ZonesIncome of industries set up in any Export Processing Zones is exempt from tax for a

period of 10 years from the month in which commercial production commences. This

exemption has been amended from 1st

July

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