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Bangladesh Tax Handbook 2013-2014

Index

Index
Page

Page
Major Changes in Bangladesh Taxation Laws 2013-2014
1.

Tax Exemption Limit

2.

Personal Tax Rate Structure

3.

Minimum Tax (Individual)

10

4.

Changes regarding Surcharge on individual

10

5.

Minimum tax for firm subject to gross receipts

10

6.

Withdrawal of tax on share premium

10

7.

Changes in Company Tax Rates

10

8.

Special tax treatment in respect of investment in residential building and


apartment

10

9.

Amortization of license fees

11

10.

House Rent allowance receivable in cash

12

11.

Conveyance allowance receivable in cash with no conveyance facility

12

12.

Changes regarding the extent of admissible allowance

12

13.

Tax holiday of newly established industrial undertakings

12

14.

Amendments in Tax Holiday Scheme

13

15.

Extension of areas for TDS from certain services

13

16.

Changes of rate of Withholding Tax at source

14

17.

Return of income-in simplified return form

16

18.

Power of giving order for not removing property

16

19.

Reference to High Court Division

17

20.

Amendment in Sixth Schedule, Part-A

17

21.

Extension of time to avail reduced tax rate for certain industrial companies

17

22.

Tax exempted income as per different SROs

18

23.

Amendment of Alternative Dispute Resolution (ADR)

18

24. Procedure for spot assessment

18

25. Amendment of Tax-payers Identification Number

19

26.

20

Summary of VAT Changes in FY: 2012-2013


Various Tax Incentives allowed as per Tax Laws

Bangladesh Tax Handbook 2013-2014

1.

Tax incentives for Expatriate

23

2.

Tax Incentives on Jute Industry, RMG & Textile Industry

23

Bangladesh Tax Handbook 2013-2014

Index

Index
Page

3.

Tax Incentives on Fisheries, Poultry, Dairy Farming etc.

23

4.

Tax Incentives on Real Estate and Land development Industry

23

5.

Tax Incentives on Information & Technological Industry

23

6.

Tax Incentives on investment in Stock Exchange

24

7.

Tax Incentive on money borrowed from abroad

26

8.

Incentive for investment in residential building and apartment

26

Summary of Taxation Laws 2013-2014


Income Tax

Page
24.

Capital Gains

45

25.

Exemption of Capital Gains from tax

46

26.

Capital Gain Tax

47

27.

Income from Other Sources

47

28.

Set-Off of Losses

48

29.

Carry forward of loss

48

30.

Carry forward of Depreciation Allowance

48

31.

Income fully exempted from Tax subject to fulfillment of prescribed conditions


and limitations

48

32.

Tax Holiday for newly established industrial undertaking, Tourist Industry and
Physical Infrastructure facility set-up between the period of July 2011 to June 2015
etc. in certain cases

50

1. Definitions

29

2.

Charge of Income Tax

30

3.

Charge of Surcharge

31

4.

Charge of Additional Tax

31

33.

List of eligible sectors for Tax Holiday

53

5.

Charge of Excess Profit Tax

31

34.

Tax Holiday for Hospitals

54

6.

Charge of Minimum Tax

31

35.

Income Exemption Limit

32

Exemption from tax of newly established physical infrastructure facility set up


between the period July 2011 and June 2015, etc. in certain cases

54

7.
8.

Personal Tax Rate Structure

32

36.

Exemption of income of cooperative societies

56

9.

Minimum Tax (Individual)

33

37.

Investment Allowance for Tax Rebate

56

Rates of Corporate Tax

57

Normal Depreciation Allowance and Amortization

60

10

Incidence of Tax on Non-Resident

33

38.

11.

Scope of Total Income

33

39.

62
62

12.

Income Deemed to Accrue or Arise in Bangladesh

34

40. Amortization of License fees

13.

Deemed Income

34

41.

Initial depreciation

14.

Special tax treatment in respect of investment in residential building and apartment

36

42.

Accelerated Depreciation

62

43.

Withholding Tax / Tax Deducted at Source (TDS)

63

44.

Rates of tax at source

64

45.

Form of Return of Withholding Tax

70

15.

Special tax treatment in respect of investment in the purchase of bond under


Bangladesh Infrastructure Finance Fund (BIFF)

37

16.

Special tax treatment in respect of investment in the purchase of Bangladesh


Government Treasury Bond

37

17.

Voluntary disclosure of income

18.

46. Advance Payment of Tax

76

37

47.

Payment on the Basis of Return

76

Income from Salary

38

48.

Mode of payment of Tax by assessee

76

19.

Income from Interest on Securities

40

49.

Return of statement of lifestyle

76

20.

Income from House Property

40

50.

Filing of Return of Income and Statement

77

21. Income from Business or Profession

41

51.

Return of withholding tax

78

52. Obligation to furnish Annual Information Return

22.

Allowable Deductions on income from Business or Profession

41

23.

Deductions are not admissible in certain circumstances

44

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

78
5

Index

Income Tax
Page

53. Concurrent jurisdiction

78

54. Assessments

79

55. Some final settlement of tax liability

80

56.

81

Assessment on the basis of Report of a Chartered Accountant

57.

Assessment and computation of Income of Contractor of an Oil Company

81

58.

Assessments under other sections

82

59.

Transfer Pricing

82

60.

Determination of income from international transaction having regard to arms


length price

83

61.

Transfer Pricing Officer

83

62.

Maintenance and keeping of information, documents and records

83

63.

Report from an accountant to be furnished

83

64.

Provision of penalty on transfer pricing

84

65.

Determination of arms length price under section 107C

84

66.

Factors to be considered in judging comparability

84

67.

Most appropriate method

85

68.

Information and documents to be kept and maintained under section l07E

85

69.

Additional powers of enquiry and production of documents

85

70.

Power of giving order for not removing property

85

71.

Avoidance of Double Taxation

86

72.

Relief in respect of Foreign Income

86

Value Added Tax


73.

Who will deduct VAT

89

74.

Where to deposit the deducted VAT?

89

75.

Scope of VAT and its specified rates

89

Gift Tax
76.

Gift Tax

77.

Exemption from Gift Tax

78.

Provisions of the Gift Act shall NOT apply in certain cases

99
99
100

79.

Return of Gift Tax

100

80.

Rates of Gift Tax

100

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

Income Tax

Income Tax
1.

Tax Exemption Limit

The ceiling of tax exempted income for the individual assessee has been enhanced from Taka
200,000 to Taka 220,000, while this limit for the individual female, persons aged 65 years &
more has been enhanced from Taka 225,000 to Taka 250,000 and limit for physically challenged
assessee has also been enhanced from Taka 275,000 to 300,000 with effect from 01 July 2013.

2.

Personal Tax Rate Structure

The person defined under section 2(46) of Income Tax Ordinance (ITO) 1984, every individual
assessee (including Non-resident Bangladeshi), firm (partnership or single), association of
persons (AOP), Hindu undivided family (HUF), artificial juridical persons and Non-Government
Organization (NGO) shall have to pay income tax on their total income according to 5 tier
income slabs and tax rates for the Financial Year 2012-2013 and Assessment Year 2013-2014.

The following table entails comparable scenario of 5 tier income slabs and tax rates for the two
consecutive Financial Years 2012-2013 and 2011-2012:
Financial Year 2012-2013
(Assessment Year 2013-2014)
Income Slabs

Tax
Income Slabs
Rates

Tax
Rates

i.

On the first Taka 220,000 of


total income of assessee

Nil

On the first Taka 200,000 of


total income of assessee

Nil

On the first Taka 250,000


of total income for Female,
persons aged 65 years &
above assessee

Nil

On the first Taka 225,000


of total income for Female,
persons aged 65 years &
above assessee

Nil

On the first Taka 300,000 of


total income of physically
challenged assessee

Nil

On the first Taka 275,000 of


total income of physically
challenged assessee

Nil

On the next Taka 300,000 of


total income

10%

ii.

On the next Taka 300,000 of


total income

10%

iii. On the next Taka 400,000 of


total income

15%

iii.

On the next Taka 400,000 of


total income

15%

iv.

On the next Taka 300,000 of


total income

20%

iv.

On the next Taka 300,000 of


total income

20%

v.

On the balance of total


income

25%

v.

On the balance of total


income

25%

Non-resident (Foreign)
assessee

25%

Non-resident (Foreign)
assessee

25%

ii.

Bangladesh Tax Handbook 2013-2014

Financial Year 2011-2012


(Assessment Year 2012-2013)

Bangladesh Tax Handbook 2013-2014

i.

Income Tax

Income Tax

3.

Minimum Tax (Individual)

Minimum tax for individual assessee has been changed on the basis of location. If tax
payable becomes less than Taka 3,000 or Taka 2,000 or Taka 1,000 or negative after adjusting
Investment Tax Credit, individual assessee has to pay minimum tax as follows:

Minimum tax is Taka 3,000 for resident of City Corporations

Minimum tax is Taka 2,000 for resident of District Head Quarters and Paurashavas

Minimum tax is Taka 1,000 for resident of Upazillas and others

Minimum tax exempted income for female, persons aged 65 years & more and physically
challenged assessee having only agricultural income are Taka 300,000 and 350,000
respectively while for other assessee, this limit is Taka 270,000.

4.

Changes regarding Surcharge on individual [sec: 16A]

Surcharge @ 10% will be levied on income tax payable in case of having net assets of more
than Tk. 2 crore to Tk. 10 crore in his statement of assets and liabilities, whereas the rate of
surcharge is 15% for assets more than value of Tk. 10 crore. Surcharge is applicable only for
individual assessee.

5.

Minimum tax for firm subject to gross receipts more than Tk. 50 Lac [Sec: 16CCC]

Every firm is liable to pay minimum tax @ 0.50% on gross receipts if gross receipts exceed Tk.
50 Lac. This will be applicable for the Assessment Year 2013-2014.

6.

Withdrawal of tax on share premium [Sec: 16E]

Tax @ 3% has been withdrawn on the sale of share premium over face value.

7.

Changes in Company Tax Rates


Types of Companies

SL. Areas of residential building or


NO. apartment

Tax Rates as per Tax Rates as per


AY 2013-2014
AY 2012-2013

Cigarettes Manufacturing Company (Publicly traded)

40%

35%

Cigarettes Manufacturing Company (Not-Publicly


traded)

45%

42.5%

Mobile phone operator company (Publicly traded)

40%

35%

8.

Special tax treatment in respect of investment in residential building and apartment


[section # 19BBBBB]

Source of any sum invested by any person in the construction or purchase of any residential

10

building or apartment for residential purpose and pays tax on the basis of measurement
before the assessment for the relevant assessment year in which the investment is completed,
then tax authority will not raise question on the source of investment. Area, measurement and
tax rates of such residential building or apartment are as follows:

Bangladesh Tax Handbook 2013-2014

Plinth area up to
200 square meters,
Tax amount per
square meter (Taka)

Plinth area more than


200 square meters,
Tax amount per
square meter (Taka)

Gulshan Model Town, Banani,


Baridhara, Motijheel Commercial
Area and Dilkusha Commercial Area
of Dhaka

5,000/-

7,000/-

Dhanmandi Residential Area, Defence Officers Housing Society


(DOHS), Mahakhali, Lalmatia Housing Society, Uttara Model Town,
Bashundhara Residential Area,
Dhaka Cantonment, Kawran Bazar,
Bijaynagar, Segunbagicha, Nikunja
of Dhaka, and Panchlaish, Khulshi,
Agrabad and Nasirabad Area of Chittagong

4,000/-

5,000/-

Other areas of City Corporations


except serial nos. 1 & 2 above

2,000/-

3,000/-

Areas of Paurasabhas of any district


headquarters

1,000/-

1,500/-

Upazilla and Others

700/-

1,000/-

If already owned a building or


apartment in any City Corporation
before such investment is
completed or the assessee invests
in two or more Buildings or
Apartments

As per above tax


Plus extra 20% of
above calculated tax

As per above tax Plus


extra 20% of above
calculated tax

9.

Amortization of license fees is allowable business expenditure [Section#29 (1) (viiia) &
Third Schedule, Para 10A]

License fees shall be amortized proportionately for two or more years. License fees mean
Spectrum Assignment Fee paid by a cellular mobile phone operator. It is applicable for the
license fee paid on or after 01 July 2012.

Bangladesh Tax Handbook 2013-2014

11

Income Tax
10.

Income Tax

House Rent allowance receivable in cash [Rule-33A]

Period of Exemption

Tax exempted house rent allowance has been increased from Tk. 180,000 to Tk. 240,000.

For the first and second years

100% of income

11.

Conveyance allowance receivable in cash with no conveyance facility [Rule-33C]

For the third year

70% of income

Tax exempted conveyance allowance has been increased from Tk. 24,000 to Tk. 30,000.

For the fourth year

55% of income

12.

Changes regarding the extent of admissible allowance [Section#44, sixth schedule part-B]

For the fifth year

40% of income

For the sixth year

25% of income

For the seventh year

10% of income

Sl.

13.

Particulars

Maximum Allowable investment

% of Investment for tax rebate on


total income excluding employers
PF contribution

Actual investment

34

% of allowable tax rebate

Assessment Year
2013-2014

Assessment Year
2012-2013

1.5 Crore Taka

1 Crore Taka

30%

20%

Provided that an industry engaged in the production of bio-fertilizer and petro-chemicals shall
be entitled for exemption from tax under the provisions of this section even if it is set up in the
districts of Dhaka, Gazipur, Narayanganj or Chittagong.

14.

Amendments in Tax Holiday Scheme [Section#46C]

Subject to the provisions of this Ordinance, income, profits and gains under section 28 from
physical infrastructure facility, set up in Bangladesh between the first day of July, 2011 and
the thirtieth day of June, 2015 (both days inclusive) shall be exempted from the tax payable
under this Ordinance for ten years beginning with the month of commencement of commercial
operation at the rates, below:

Tk. 1.50 Crore or 30% of Tk. 1.00 Crore or 20%


of total income or
total income or actual
actual investment,
investment, whichever
whichever is less
is less
15%

10%

Period of Exemption

Tax holiday of newly established industrial undertakings [Section#46B]


Tax holiday of newly established industrial undertakings has been extended upto 30 June 2015
(previously it was 30 June 2013) with the following:-

Industry undertaking in Dhaka and Chittagong divisions, excluding Dhaka, Narayanganj, Gazipur,
Chittagong, Rangamati, Bandarban and Khagrachari Districts will avail tax holiday benefit for
a period of five years from the date of commercial production of the said undertaking:
Period of Exemption

100% of income

For the third year

60% of income

For the fourth year

40% of income

For the fifth year


12

Rate of Exemption

For the first and second years

20% of income

Industry undertaking in Rajshahi, Khulna, Sylhet and Barisal divisions and Rangamati,
Bandarban and Khagrachari districts will avail tax holiday benefit for a period of seven years
from the date of commercial production of the said undertaking:
Bangladesh Tax Handbook 2013-2014

Rate of Exemption

15.

Rate of Exemption

For the first and second years

100% of income

For the third year

80% of income

For the fourth year

70% of income

For the fifth year

60% of income

For the sixth year

50% of income

For the seventh year

40% of income

For the eighth year

30% of income

For the ninth year

20% of income

For the tenth year

10% of income

Extension of areas for TDS from certain services:


15.1

Deduction of tax from fees for professional and technical services [section # 52A (3)]
On account of fees for professional or technical services shall be deducted or collected
as per following way:

ten per cent (10%) of such fees where the person receiving such fees furnishes
his taxpayers Identification Number (TIN) to the payer; or
fifteen per cent (15%) of such fees where the person receiving such fees fails
to furnish his Taxpayers Identification Number (TIN) to the payer.

Bangladesh Tax Handbook 2013-2014

13

Income Tax

Income Tax

15.2 Deduction of tax from payment of stevedoring agency and private security service
[section# 52AA]

If National Board of Revenue issues certificate in writing that the person rendering
such services is not likely to have any assessable income during the year or the income
is otherwise exempted from tax under any provision of the Ordinance, payment shall
be made without any deduction or with deduction at a lesser rate for that income year
as per Certificate.

15.3 Withdrawal from deduction of tax on Bond transactions by a member of Stock


Exchange [Section # 53BBB]

Requirement of deduction of tax at source on Bond transactions made by a member


of Stock Exchange has been withdrawn. Since deduction of tax at source has been
withdrawn, income on Bond transactions will not be assessed u/s 82C.

15.4

Deduction of tax from Collection of tax from manufacturer of soft drinks [section # 52S]

Tax @ 3% of the value of soft drinks will be collected while banderols or stamps are
delivered to any manufacturer of soft drinks. The value of such soft drinks will be the
value as determined for the purpose of the Value Added Tax (VAT).

Sl.
No
2

Sections
Heads of
& Rules Withholding tax
53FF

Real estate
or land
development
business at
the time of
registering any
document for
transfer of any
land or building
or apartment

15.5 Collection of tax on sale prices of Tea sold by public auction [section # 53C, rule-17D]

The person responsible for auction of tea shall collect tax at the rate of 1% [Previously
it was 0.50%].

15.6 Deduction or collection of tax from commission, discount or fees [section# 53E (2)]

16.

Any company, as defined in clause (20) of section 2 of the Ordinance other than oil
marketing company, which sells goods to any distributor or to any other persons under
a written contract at a price lower than the retail price fixed by such company, shall
collect at the time of sale of such goods to such distributor or other persons at the
rate of five per cent (5%) of the difference between the sale price to the distributor or
other persons and the retail price fixed by such company.

Changes of rate of Withholding Tax at source


Sl.
No
1

Sections
Heads of
& Rules Withholding tax
52B

Rates of withholding
(AY: 2013-2014)

Collection of tax 10% of the value of the


banderols.
from cigarette
manufacturers
at the time of
selling banderols

Rates of withholding
(AY: 2012-2013)
6% of the value of the
banderols.

Continued
14

Bangladesh Tax Handbook 2013-2014

Rates of withholding
(AY: 2013-2014)

Rates of withholding
(AY: 2012-2013)

(i) Tk. 1,600 per square


meter for building or
apartment for residential
purpose situated at Model
Town, Banani, Baridhara,
Motijheel Commercial
Area and Dilkusha
Commercial Area of Dhaka

(i) Tk. 2,000 per square


meter for building or
apartment for residential
purpose situated at Model
Town, Banani, Baridhara,
Motijheel Commercial
Area and Dilkusha
Commercial Area of Dhaka

(ii) Tk. 6,500 per sq meter


building for commercial
purpose for the areas
mentioned in (i).

(ii) Tk. 8,000 per sq meter


building for commercial
purpose for the areas
mentioned in (i).

(iii) Tk. 1,500 per square


meter for building or
apartment situated at
Dhanmandi Residential
Area, Defence Officers
Housing Society (DOHS),
Mahakhali, Lalmatia
Housing Society, Uttara
Model Town, Bashundhara
Residential Area, Dhaka
Cantonment, Kawran
Bazar Commercial Area
of Dhaka, and Panchlaish
R/A, Khulshi R/A, Agrabad
and Nasirabad Area of
Chittagong;

( iii) Tk. 1,800 per square


meter for building or
apartment situated at
Dhanmandi Residential
Area, Defence Officers
Housing Society (DOHS),
Mahakhali, Lalmatia
Housing Society, Uttara
Model Town, Bashundhara
Residential Area, Dhaka
Cantonment, Kawran
Bazar, Commercial Area
of Dhaka, and Panchlaish
R/A, Khulshi R/A, Agrabad
and Nasirabad Area of
Chittagong;

(iv) Tk. 5,000 per sq


meter building used for
commercial purpose for
the areas mentioned
in (iii).

(iv) Tk. 6,000 per sq


meter building used for
commercial purpose for
the areas mentioned in
(iii).

Continued
Bangladesh Tax Handbook 2013-2014

15

Income Tax
Sl.
No

Income Tax

Sections
Heads of
& Rules Withholding tax

Sec-52,
rule-16

Supply of goods
and execution
of contracts,
sub-contracts &
local LC

Rates of withholding
(AY: 2013-2014)

Rates of withholding
(AY: 2012-2013)

(V)Tk. 600 per square


meter for residential
building or apartment is
situated in areas other
than areas mentioned
in (i) & (ii) above and Tk.
1,600 per sq meter for
commercial building for
the areas mentioned in
(i) & (iii) above.

(V)Tk. 800 per square


meter for residential
building or apartment is
situated in areas other
than areas mentioned
above and Tk. 2,000 per
sq meter for commercial
building for the areas
mentioned in (i) & (iii)
above.

In case of oil supplied


by oil marketing
companies: If payment
exceeds 2 lac-0.60%.

In case of oil supplied by


oil marketing companies:
If payment exceeds 2
lac-0.75%.

17.

Return of income-in simplified return form [Section# 75 (2) (di)]

An individual, not being a shareholder director of a company, having income from salary or
income not exceeding Tk. 3 Lac from business or profession may opt not to submit particulars
of life style statement or IT 10BB.

18.

Power of giving order for not removing property [section # 116 A]

In the course of performing functions under the Ordinance, the Director General, Central
Intelligence Cell or the Commissioner has definite information in his hands that any person
has concealed the particulars of income or investment, he may, by order in writing- require any
person who is in immediate possession or control of any money, bullion, jewellery, financial
instrument, financial asset, valuable article or any other property not to remove, part with,
or otherwise deal with it without obtaining previous permission of the concerned authority
passing such order:

Every such order shall cease to have effect after the expiry of a period of one year
from the date of the order made.

The income tax authority may extend such period or periods with the approval of the
Board. Provided that the total period of extension shall in no case exceed one year.

In computing the period if any, for which the order has been stayed by any Court,
shall be excluded.

19.

Reference to High Court Division [section # 160]

For consideration of High Court Division, tax rate has been decreased from 25% to 15% where
tax demand does not exceed Tk. 1 million and the rate from 50% to 25% where tax demand
exceeds Tk. 1 million on the difference between the tax determined by taxes appellate tribunal
and tax payable under section 74.

20.

Amendment in Sixth Schedule, Part-A

Amendments are as follows:

21.

Paragraph 11 A: Income from dividend amounting to Tk. 10,000 previously it was Tk. 5,000.

Paragraph 35: Any income from the export of handicrafts for the period from 01 July
2011 to 30 June 2015, previously it was 2013.

Paragraph 39: Income derived from any small and medium enterprise (SME) engaged
in production of any goods and having an annual turnover of not more than Tk. 30 Lac,
previously it was Tk. 24 Lac.

Paragraph 42: Any income from poultry farming for the period from 01 July 2011 to 30
June 2015, previously it was 2013.

Extension of time to avail reduced tax rate for certain industrial companies
Sl.

Particulars

AY: 2013-2014

AY: 2012-2013

Income from production of jute industries


tax @ 15%. [As per SRO No.206 AIN/AIT/2013,
dated 01 July 2013]

Till 30 June 2015

Till 30 June
2013

Income from production of Textile and Yarn


manufacturing related companies registered under the Company Act 1994 @ 15%.
[As per SRO No. 207 AIN/AIT/2013, dated 01
July 2013]

Till 30 June 2015

Till 30 June
2013

Export oriented handicrafts an amount


equal to 50% of the income is tax exempted.

Till 30 June 2015

Till 30 June
2013

Income derived from fisheries, production of


seeds, marketing of locally produced seeds,
cattle farming, dairy farming, horticulture,
frog farming, mushroom farming, floriculture and sericulture. [As per SRO No.208 AIN/
AIT/2013, dated 01 July 2013]

3% till 30 June
2015

5% till 30
June 2013

Continued
16

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

17

Income Tax
22.

Income Tax

Tax exempted income as per different SROs

Private power generation companies (except coal based power generation companies)
will get tax exemption for 15 years if its commercial production starts within 31
December 2014. [SRO No. 211/AIN/IT/2013, dated 01 July 2013].

23.

Rate of Exemption

For the first five years (1st, 2nd,3rd, 4th & 5th year)

100% of income

For the next three years (6th, 7th, & 8th year)

50% of income

For the last two years (9th and 10th year)

25% of income

In the case of a dispute pending before Appellate Tribunal, Assessee has to file application
to the Register/Deputy Register/Assistant Register of the concerned Tribunal Bench.
After getting permission from High Court Division or Appeal Division of the Supreme Court
,the assessee has to file an application to the Second Secretary (Taxes Legal) of NBR.

Procedure for spot assessment [Rule-38B (2)]


(a)

1,000/-

For the assessee not located under


any city corporation or any paurashava of district Head quarters.

If the initial capital investment


up to Taka 7 lac

2,000/-

For the assessee located at


paurashava in district headquarters and other area excluding city
corporation.

For assessee of any area.

If the initial capital investment


up to Taka 10 lac

5,000/-

For assessee of any area.

If the initial capital investment


up to Taka 15 lac

10,000/-

For assessee of any area.

Where an assessee carrying on profession as a Lawyer or DoctorRate of


tax (Taka)

Applicable area

Upto 3 Years

1,000/-

For the assessee not located under any


city corporation or any paurashava of
district Head quarters.

Upto 4 Years

2,000/-

For the assessee located at paurashava


in district headquarters and other area
excluding city corporation.

Upto 5 Years

3,000/-

For assessee of any area.

Upto 10 Years

5,000/-

For assessee of any area.

Amendment of Tax-payers Identification Number [Rule-64B]

Every person shall, for the purpose of obtaining Tax-payers Identification Number (TIN)
referred to in section 184B of the Ordinance, submit an application

Electronically through the website hosted by the Board for this purpose by following
the procedure mentioned in the website. (web address: www.incometax.gov.bd)

Manually in the form prescribed below to the Deputy Commissioner of Taxes with
whom his Jurisdiction lies to any other authority or agency as may be authorized by
the Board in this respect.

All income taxpayers will have to get new TINs by December 31 next through e-TIN
registration. The existing TIN will be invalid from 01 January 2014.

Rate of
Applicability
tax (Taka)

If the initial capital investment


up to Taka 6 lac

3,000/-

25.

Where an assessee carrying on businessInitial capital Investment

If the initial capital investment


up to Taka 8 lac

Length of profession

Amendment of Alternative Dispute Resolution (ADR) [SRO NO. 68-AIN/IT/2011, dated 05


March 2012 & SRO No. 205-AIN/IT/2012, dated 01 July 2013]

24.

(b)

Private power generation companies (except coal based power generation companies)
which will start commercial production from 01 January 2015 will enjoy tax exemption
facility if it starts commercial production on or after 01 January 2015 as per following
Schedule: [SRO No. 212/AIN/IT/2013, dated 01 July 2013]:
Period of Exemption

Rate of
Applicability
tax (Taka)

Initial capital Investment

Any income of Federation of Chamber of Commerce and Industries approved by


Ministry of Commerce (except income from Bank interest, profit of organization and
income from Business) as per SRO No. 210 AIN/AIT/2013, dated 01 July, 2013. It will be
effective from Assessment Year 2014-2015.

Continued
18

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

19

VAT
26.

Tax Incentives
Summary of VAT Changes in FY: 2012-2013

Enhancement of Annual Turnover amount for turnover tax: Turnover tax @ 3% if


annual turnover of taxable goods or services is less than Taka 8,000,000 (Previous
Taka 7,000,000)

Condition for tax rebate: 80% rebate will be allowed on Telephone, Tele printer, Fax,
Internet, Freight Forwarders, C&F agent, WASA, Audit & Accounting Firm, Procurement
Provider, Security Service, Legal Consultant, Transport Contractor, Banking Service.
[earlier it was 60%]

Withholding VAT:
Areas of withholding VAT extended by the following:

IT enabled service 4.5%


Other Miscellaneous Services 15%
Sponsorship Services 7.5%
Meditation Services 7.5%

Package Value Added Tax for small businessmen-[SRO No.173-AIN/2013/677-Mushak,


dated 06 June, 2013]

Minimum value added tax shall be payable by small businessmen and shop owner who
got registration voluntarily as per following table:
Sl
No.

20

Applicable Area

Annual Maximum
VAT Rate
Value Addition (Taka)

Minimum payable VAT (Taka)

Dhaka & Chittagong


City Corporations

80,000/-

15%

12,000/-

Other City
Corporations

60,000/-

15%

9,000/-

Paurashava
of District
headquarters

40,000/-

15%

6,000/-

Other areas

20,000/-

15%

3,000/-

Declaration of Taxable Goods by NBR--[SRO No.176-AIN/2013/680-Mushak, dated 06


June, 2013]
Activity Code

Activity Name

CO 17.28

Sweet & Sweet related goods

CO 38.30

Furniture

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

21

Tax Incentives

22

Tax Incentives

Bangladesh Tax Handbook 2013-2014

1.

Tax incentives for Expatriate

Salaries and allowances of expatriate personnel, employed in a foreign aided project established
under an agreement between the Bangladesh Government and foreign Government, are tax
exempted subject to respective agreement. SRO # 227-L/82 dated 20 June 1982.

2.

Tax Incentives on Jute Industry, RMG & Textile Industry

Income tax rate for Jute Goods [SRO # 206-Ain/Income Tax/2013, dated 01 July 2013]: Any
industry manufactures or produces jute goods shall have to pay tax @ 15% and this incentive
will be applicable upto 30 June 2015.

Reduced rate of tax @ 10% of companies engaged in ready-made garments industries on


export sale and this incentive will be applicable upto 30 June 2014. [SRO # 265-Ain/Income
Tax/2010 later modified by SRO No. 217-AIN/IT/2012, dated 27 June 2012]

Reduced rate of tax @ 15% of companies engaged in textile industries from 01.07.2008 to
30.06.2015 [SRO # 207- Ain/Income Tax/2013, dated 01 July 2013]

3.

Tax Incentives on Fisheries, Poultry, Dairy Farming etc.

Any income from fisheries, poultry, production of pelleted poultry feed, production seeds,
marketing of locally produced seeds, cattle farming, dairy farming, horticulture, frog farming,
mushroom farming, floriculture, sericulture etc. irrespective of individual or company
assessee shall have to pay tax @ 3% (earlier which was tax exempted through para # 34 of
sixth schedule). Ref. Income tax rate for fisheries, poultry, dairy farming etc. [SRO # 208-Ain/
Income Tax/2013, dated 01 July 2013].

4.

Tax Incentives on Real Estate and Land development Industry

According to Section 38, Sixth Schedule, Part A

Any income derived from any building situated in any area of Bangladesh, not less than
five storied having at least ten flats, constructed at any time between the first day of July,
2009 and the thirtieth day of June, 2014 (both days inclusive), for ten years from the date of
completion of construction of the building, except the buildings situated in any areas of City
Corporation, Cantonment Board, Tongi Upazila, Narayanganj Paurashava, Gazipur Paurashava
and any Paurashava under Dhaka district.

5.

Tax Incentives on Information & Technological Industry

According to serial number 33, Sixth Schedule, Part A

Any income derived from the business of software development and Information Technology
Enabled Services (ITES) for the period from the first day of July, 2008 to the thirtieth day of
June, 2015:

Bangladesh Tax Handbook 2013-2014

23

Tax Incentives

Tax Incentives

Provided that the person shall file income tax return in accordance with the provisions of
section 75(2)(c) of the Ordinance.

Explanation: Information Technology Enabled Services (ITES) means- Digital Content


Development and Management, Animation (both 2D and 3D), Geographic Information Services
(GIS), IT Support and Software Maintenance Services, Web Site Services, Medical Transcription,
Business Process Outsourcing, Data entry, Data Processing, Call Centre, Graphics Design, Search
Engine Optimization, Web Listing, E-commerce and Online Shopping, Document conversion,
imaging and archiving.

6.

Tax Incentives on investment in Stock Exchange

Income tax will be imposed on capital gain arising from the transfer of capital assets being
stocks and shares of public limited companies listed with stock exchange in Bangladesh and
bonus shares of the company but income from transfer of government securities is exempted
[section: 32(7)]

nvestment in shares in the Stock Exchanges [SRO # 237-Ain/Income Tax/2011, dated 06 July 2011]

No explanation regarding sources of income will be searched by the tax authority if investment
of un-taxed income is made on primary or secondary shares of any company listed with stock
exchanges in Bangladesh and paid income tax @ 10% on invested amount subject to fulfilling
following conditions:

Person (individual, firm, private limited company etc.) other than public limited company can
take this opportunities;

Investment must be made within 01 July 2011 to 30 June 2012 and declaration of such
investment in prescribed form must be submitted to Deputy Commissioner of Taxes (DCT)
within 15 July 2012 or any time when investment will be made;

Copy of pay order for tax @ 10% on invested amount, portfolio statement and Beneficiary
Owners (BO) account ledger should be submitted along with declaration form;

Invested amount should not be withdrawn from capital market before 30 June 2013 and if the
amount or any part of amount is withdrawn, the amount withdrawn shall be treated as income
from other source. But whole invested amount may be mobilized with purchasing and selling
of listed company shares and any gain from transactions is allowed for withdrawal;

Any tax concealment is noticed to tax authority within 30 June 2011 and then action taken as
per section # 93, no such benefit will be availed by the assessee;

Investment shall be shown with assets and liabilities in income tax return and no investment
allowance shall be exercised.

As per SRO # 269-Ain/Income Tax/2010, dated 01 July 2010, assessee has to pay tax on the
income of transfer of stocks and shares as per following schemes:

24

Bangladesh Tax Handbook 2013-2014

a.

Company and Firm assessee: all companies [u/s-2(20)] and partnership firms [u/s2(32)] shall pay tax @ 10% on income for transfer of stocks and shares public limited
companies listed with stock exchange. This clause is only applicable for all listed
companies and firms including banks and insurance entity. The tax shall be paid as
advance & besides this all other income will be taxed as prescribed manner and it will
be effective for any transfer of shares from 01 July 2010.

b.

Sponsored shareholder assessee: any transfer of shares and stocks of bank, financial
institution, merchant bank, insurance, leasing company, portfolio Management
Company, stock dealer or stock broker company by individual sponsored shareholders
or directors, the assessee has to pay tax @ 5%. On the other hand company assessee
has to pay tax @ 10%. The payment of tax will be treated as advance tax and it will be
effective for any transfer of shares from 01 July 2010.

c.

More than 10% securities owned assessee: other than sponsored shareholders or
directors, if any person owned more than 10% securities of listed companies i.e. bank,
financial institution, merchant bank, insurance, leasing company, portfolio management
company, stock dealer or stock broker company has to pay tax @ 5% on income from
transfer of those securities. This will be applicable if any assessee holds more than 10%
securities of listed companies any time within the income year. The tax shall be paid as
advance and it will be effective for any transfer of shares from 01 July 2010.

Assessee has to pay Advance Income Tax as per prescribed manner, if any income and/or gain
from transfer of stocks and shares of a company listed with stock exchange [section: 64(2)]

Here securities means all stocks, shares, mutual fund unit, bond, debenture & other of listed
companies and transacted in stock exchange but not government securities. Capital gain on
transfer of listed shares by all individual assessee will be tax exempted.

Collection of tax from transfer of securities or mutual fund unit by sponsored shareholders of
a company etc.

The Securities and Exchange Commission (SEC) or Stock Exchange (SE), as the case may be, at
the time of transfer or declaration of transfer or according consent to transfer of securities
or mutual fund unit of a sponsored shareholder or director or placement holder of a company
or sponsor or placement holder of a mutual fund listed with a stock exchange shall collect tax
@ 5% on the difference between transfer value and cost of acquisition of securities or mutual
fund units.

Here transfer includes transfer under a gift, bequest, will or an irrevocable trust and transfer
value means closing price prevailing on the day of consent accorded by SEC or SE or when last
traded as the case may be.

Bangladesh Tax Handbook 2013-2014

25

Tax Incentives

Income Tax

7.

Tax Incentive on money borrowed from abroad

SRO # 417-L/76 dated 29 November 1976

Under certain conditions, tax is fully exempted on the Interest on money borrowed from
abroad by:

Government

Statutory bodies

Industrial undertakings

8.

Incentive for investment in residential building and apartment. [Sec: 19BBBBB]

No question as to the source of any sum invested by any person in the residential building or
apartment, if such person pays tax @ 10% on sum invested before the relevant assessment
year.

26

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

27

Income Tax

Income Tax
1. Definitions
a.

Assessee [Section: 2(7)]: Assessee means a person by whom any tax or other sum of
money is payable under Income Tax Ordinance 1984.

b.

Person [Section: 2(46)]: Person includes an individual, a firm, an association of


persons, a Hindu undivided family, a local authority, a company and every other
artificial juridical person.

c.

Income [Section: 2(34)]: Income means any sum of income or gain from whatsoever
source derived, or accruing or arising or received or deemed to be accrue or arise or
to be received under any provision of IT Ordinance 1984.

d.

Tax [Section: 2(62)]: Tax means the income tax payable under the Income Tax Ordinance
1984 and include any additional tax, excess profit tax, penalty, interest, fee or other
charge leviable or payable under the IT Ordinance 1984.

e.

Income Year [Section: 2(35)]: Income Year means the financial year immediately
preceding the assessment year or when accounts are closed on a date within the
financial year, the twelve months ending on the date on which accounts are closed.

f.

Assessment Year [Section: 2(9)]: Assessment Year means the period of twelve months
beginning from first day of July of every year. This is the immediate following financial
year of Income Year. Examples of Accounting Year, Income Year and Assessment year:
Accounting Period/Year
1
2
3
4
5

Bangladesh Tax Handbook 2013-2014

2012-13
2012-13

2013-14
2013-14

2011-12
2012-13

2012-13
2013-14

2012-13

2013-14

g.

Annual Value [Section: 2(3)]: Annual value means the sum arising from letting out any
property and related furniture, fixture and fittings or any sum received as Annual Rent,
whichever is higher.

h.

Basis of Residence [Section: 2(55)]:


i.

28

Accounting Year: July 2012 to June 2013


Accounting Year: January 2012 to
December 2012
Accounting Year: April 2011 to March 2012
Accounting Year: October 2011 to
September 2012
Accounting Year: August 2011 to July 2012

Income Year Assessment Year

Individual: An individual will be Resident: - if he/she stays in Bangladesh for a


period of or for the periods all together at least 182 days or more in the income
year or - if he/she stays in Bangladesh for a period of or for the periods all
together at least 90 days or more in the income year and 365 days or more
during the immediate four preceding years of income year.

Bangladesh Tax Handbook 2013-2014

29

Income Tax

Income Tax

ii.

Company: The company will be resident if the management of its affairs is


situated wholly in Bangladesh in the income year.

iii.

Hindu Undivided Family, Firm, Other Association of Persons: They will be


resident if its control and management of affairs is situated wholly or partly in
Bangladesh in the income year.

i.

Non-resident [Section: 2(42)]: Non-resident means a person who is not a resident.

j.

Salary [2(58) and 18] and Perquisites [2(45) and 30(e)]: Salary includes the following:
yy Basic Salary

yy Contribution to PF

yy Festival Bonus

yy Pension Fund

yy Incentive Bonus, allowable upto 10% of dis- Gratuity Fund


closed net profit [Section # 30(j)]
yy Arrear Salary

yy Superannuation Fund

yy Advance Salary

yy Project pay

yy Leave Encashment

yy Compensation pay

yy Leave Fare Assistance

yy Wages or any other payment

yy Overtime

Income tax shall be deducted and collected at source and paid accordingly. Non-resident not
being a company, capital gain and winnings shall be taxed as per second Schedule of this
Ordinance.
3.

Charge of Surcharge [Section 16A]

Surcharge on income shall be charged for any assessment year at any rate or rates as the case
may be. Again, if any individual assessee whose total net worth more than Tk. 2 crore to 10
crore as per statement of assets, liabilities and expenses, shall have to pay tax @ 10% on tax
payable, whereas the rate of surcharge is 15% for assets more than value of Taka 10 crore.

4.

Charge of Additional Tax [Section 16B]

If a publicly traded company (other than banking or insurance company) does not issue,
declare or distribute dividend or bonus share equivalent to at least 15% of its paid up capital
within 6 months immediately following its income year, it will be charged 5% additional tax
on undistributed profit in addition to tax payable under IT Ordinance 1984. Here undistributed
profit means accumulated profit including free reserve.

5.

Charge of Excess Profit Tax [Section 16C]

If a banking company operating under Bank Company Act 1991 shows profit exceeding 50% of
the aggregate sum of capital and reserve, the bank shall pay @ 15% tax of such excess amount.
Such tax is payable in addition to tax payable under IT Ordinance 1984.

6.

Charge of Minimum Tax [Section 16CCC]

Minimum tax for every firm shall, subject to having more than gross receipts of Taka 50 Lacs
and every company irrespective of its profits or loss liable to pay minimum tax @ 0.50% on
total receipt from business in the income year. Total receipt from business for minimum tax
purpose will be calculated as follows:

Perquisites include the following:


Any benefits other than the items included under salary shall be considered as
perquisites - Examples of perquisites are:

Dearness Allowance

House Rent allowed up to BDT 2,40,000

Conveyance allowed up to BDT 30,000

Sum of received or receivable from sale of products;

Medical allowed up to actual expenditure

Sum of received or receivable from rendering of services;

Maximum perquisites allowed BDT 250,000

Interests, Commissions, Discounts, Fees or Charges; and

Excess of perquisites (over Tk. 250,000) will be taxed as per Organizations


tax rate.

Income received or receivable from any other sources.

Any other allowance

2.

Charge of Income Tax [Section 16]

Income tax shall be charged for any assessment year at any rate or rates in accordance with
the provisions of this Ordinance in respect of the total income of the income year or years.

30

Bangladesh Tax Handbook 2013-2014

Minimum tax of the company assessee will be determined on total received or receivable from
all sources of income. Minimum tax will not be applicable, if any company has no received
or receivable from sales or any other sources and if companys income already taxed under
section # 82C. But minimum tax will be applicable irrespective of net loss or adjustable
accumulated loss from previous years. This minimum tax has to be paid by the company at the
time of filling income tax return and in accordance with section # 74.

Bangladesh Tax Handbook 2013-2014

31

Income Tax

Income Tax

7.

Income Exemption Limit

9.

Minimum Tax (Individual)

Tax exempted minimum income limit of individual assessee has been enhanced from Taka
200,000 to Taka 220,000 for male, while this limit for female, persons aged 65 years &
above has been enhanced from Taka 225,000 to Taka 250,000 and for disabled assessee this
limit enhanced from Taka 275,000 to Taka 300,000 with effect from Income Year 2012-2013
(Assessment Year 2013-2014).

Minimum tax for individual assessee has been changed on the basis of location. Whose taxable
income exceeding exemption limit of Taka 220,000 or Taka 250,000 or Taka 300,000 (as the
case may be) has to pay tax on the basis of following location:

8.

Personal Tax Rate Structure

The person defined under section 2(46) of Income Tax Ordinance (ITO) 1984, every individual
assessee (including Non-resident Bangladeshi), firm (partnership or single), association of
persons, Hindu undivided family, artificial juridical person and Non-Government Organization
(NGO) shall have to pay income tax on their total income according to 5 tier income slabs and
tax rates for the Financial Year 2012-2013 and Assessment Year 2013-2014.

The following table entails comparable scenario of 5 tier income slabs and tax rates for the two
consecutive financial years:
Financial Year 2012-2013
(Assessment Year 2013-2014)
Income Slabs
i. On the first Taka 220,000 of
total income of assesses
On the first Taka 250,000
of total income for Female,
persons aged 65 years & above
assessee
On the first Taka 300,000 of
total income of physically
challanged assessee
ii. On the next Taka 300,000 of
total income
iii. On the next Taka 400,000 of
total income
iv. On the next Taka 300,000 of
total income
v. On the balance of total income
Non-resident (Foreign)
assessee

32

Financial Year 2011-2012


(Assessment Year 2012-2013)
Tax
Rates
Nil
Nil

Nil

10%
15%
20%
25%
25%

Income Slabs
i. On the first Taka 200,000
of total income of assessee
On the first Taka 225,000
of total income for Female,
persons aged 65 years &
above assessee
On the first Taka 275,000 of
total income of physically
challanged assessee
ii. On the next Taka 300,000
of total income
iii. On the next Taka 400,000
of total income
iv. On the next Taka 300,000
of total income
v. On the balance of total
income
Non-resident (Foreign)
assessee

Tax
Rates
Nil

10%
15%
20%
25%
25%

Bangladesh Tax Handbook 2013-2014

Minimum tax is Taka 3,000 for resident of City Corporations.

Minimum tax is Taka 2,000 for resident of District Head Quarters and Paurashavas

Minimum tax is Taka 1,000 for resident of Upazillas and others

If minimum tax becomes less than Taka 3,000 or Taka 2,000 or Taka 1,000 (as the case may be)
or negative after adjusting Investment Tax Credit, individual assessee has to pay Taka 3,000 or
Taka 2,000 or Taka 1,000 respectively as minimum tax.

Minimum tax exempted income for female, persons aged 65 years & more and disabled
assessee having only agricultural income is Taka 300,000 and 350,000 respectively while for
other assessee, this limit is Taka 270,000.

10.

Incidence of Tax on Non-Resident

A person who is a non-resident is liable to pay tax on the incomes, profits and gains which
are received or deemed to have been received or are deemed to accrue or arise to him in
Bangladesh.

A non-resident assessee is not entitled to any sort of allowance and relief as are admissible
to a resident assessee for the purpose of tax rebate;

A non-resident assessee (other than Bangladeshi non-resident) is liable to pay tax on his total
income @ 25% [Second Schedule]

A Non-resident Bangladeshi (NRB) is subject to pay tax at normal rate, as applicable for a
resident assessee.

11.

Scope of Total Income [Section 17]

Nil

Nil

The total income of any income year of any person includes:


Resident

Non-Resident

All income from whatever sources including


received or deemed to be received in
Bangladesh; accrue or arises or deemed to
accrue or arises in Bangladesh; or accrue or
arises outside Bangladesh.

All income from whatever sources including


received or deemed to be received in
Bangladesh; accrue or arises or deemed to
accrue or arises in Bangladesh.

Bangladesh Tax Handbook 2013-2014

33

Income Tax

Income Tax

12.

Income Deemed to Accrue or Arise in Bangladesh [Section 18]:

The following income shall be deemed to accrue or arise in Bangladesh, namely:


a.

Any income which falls under the head Salaries, wherever paid, if [Section 18(1)]:
it is earned in Bangladesh; or
it is paid by Bangladesh Government or local authority in the service of such
government or authority;

b.

Any income accruing or arising, whether directly or indirectly, through or from


[Section 18(2)]:
any business connection in Bangladesh;
any property, asset, right, other source of income in Bangladesh;
transfer of capital assets in Bangladesh;

c.

Any dividend paid outside Bangladesh by a Bangladeshi company [Section 18(3)]

d.

Any income by way of interest payable [Section 18(4)]:


by the government; or
by a person who is resident / non-resident in Bangladesh;

e.

Any income by way of fees for technical services payable [Section 18(5)]:
by the government; or
by a person who is resident / non-resident in Bangladesh;

f.

Any income by way of royalty payable [Section 18(6)]:


by the government; or
by a person who is resident / non-resident in Bangladesh;

13.

Deemed Income [Section 19]

Unexplained cash credits, investments, possession of bullion, unpaid trading liabilities/ loan
etc. will be treated as deemed income, which are mentioned below in brief with relevant heads
of income and respective sub-section:

34

VIII

Difference between the purchase price and fair market value - Income from Other
Sources [Section 19(8)]

IX

Salami or Premium - Income from Other Sources [Section 19(9)]

Goodwill, compensation or damages, etc. - Income from Other Sources [Section 19(10)]

XI

Cancellation of indebtedness - Income from Other Sources [Section 19(11)]

XII

Managing Agency Commission - Income from Other Sources [Section 19(12)]

XIII

Lotteries, crossword puzzles etc. - Income from Other Sources [Section 19(13)]

XIV

Income from Insurance Business - Income from Business or Profession [Section


19(14)]

XV

Receipt back of loss, bad debt or expenditure and unpaid trading liability etc.
-Income from Business or Profession [Section 19(15)]

XVI

Income from sale of depreciated assets having been used for the purpose of any
business or profession - Income from Business or Profession [Section 19(16)]

XVII

Income from sale of depreciated assets having been used for agricultural purpose
- Income from Agriculture [Section 19(17)]

XVIII

Income from receipt of insurance, salvage or compensation moneys in respect of


assets having been used for the purpose of any business or profession - Income
from Business or Profession [Section 19(18)]

XIX

Income from receipt of insurance, salvage or compensation moneys in respect of


assets having been used in agriculture - Income from Agriculture [Section 19(19)]

XX

Income from sale of assets of capital nature - Income from Business or Profession
[Section 19(20)]

XXI

Unpaid loan Taka 500,000 is to be recognized as income immediately after expiry


of 3 years of loan taken. Income from Other Source [Section 19(21)]

XXII

Loan or gift received by the assessee shall be deemed to be his income of the year
in which the same is received- Income from Other Source [Section 19(21A)]

XXIII

Initial Capital of Business or Profession is shown in return of income under section


# 82BB transferred fully or partly shall be deemed income of the year in which
transferred being made- Income from Other Source [Section 19(21B)]

XXIV

Un-adjustable security money taken from tenant - Income from House Property
[Section 19(22)]

Unexplained Cash credit - Income from Other Source [Section 19(1)]

II

Unrecorded investment or possession of bullion, jewellery etc. - Income from


Other Source [Section 19(2)]

III

Unexplained expenditure - Income from Other Sources [Section 19(3)]

IV

Unrecorded investment - Income from Other Sources [Section 19(4)]

Ownership of any money, bullion etc. - Income from Other Sources [Section 19(5)]

XXV

VI

Income received from discontinued business - Income from Business or Profession


[Section 19(6)]

Income from transfer of export quota by Garments Industry - Income from


Business or Profession [Section 19(23)]v

XXVI

VII

Receipt of Dividend - Income from Other Sources [Section 19(7)]

Investment by a company, not listed with any stock exchange, received paid up
capital from any share holder not being received by cross cheque or bank transfer
- Income from Other Source [Section 19(24)]

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

35

Income Tax

Income Tax
XXVII

XXVIII

XXIX

Company assessee receives loan from any other person other than crossed
cheque or bank transfer shall be deemed income for that year of loan receivedIncome from Other Source [Section 19(26)]
Company assessee purchases directly or on hire motor car or jeep and value of
any motor car or jeep exceeds 10% of its paid up capital, then 50% of that exceeds
amount shall be deemed to be income of the year- Income from Other Source
[Section 19(27)]
Individual assessee receives any sum exceeding Taka 500,000 as loan or gift
otherwise than by a crossed cheque or bank transfer-Income from Other source
[Section 19(28)]

14.

Special tax treatment in respect of investment in residential building and apartment


[Section: 19BBBBB]

Source of any sum invested by any person in the construction or purchase of any residential
building or apartment for residential purpose and pays tax on the basis of measurement
before the assessment for the relevant assessment year in which the investment is completed,
then tax authority will not raise question on the source of investment.

Area, measurement and tax rates of such residential building or apartment are as follows:

SL.
#

Areas of residential building or


apartment

Plinth area up
to 200 square
meters, Tax
amount per square
meter (Taka)

Plinth area more


than 200 square
meters, Tax amount
per square meter
(Taka)

Gulshan Model Town, Banani,


Baridhara, Motijheel Commercial
Area and Dilkusha Commercial Area
of Dhaka

5,000/-

7,000/-

Dhanmandi Residential Area,


Defence Officers Housing Society
(DOHS), Mahakhali, Lalmatia Housing Society, Uttara Model Town,
Bashundhara Residential Area,
Dhaka Cantonment, Kawran Bazar,
Bijaynagar, Segunbagicha, Nikunja
of Dhaka, and Panchlaish, Khulshi,
Agrabad and Nasirabad Area of
Chittagong

4,000/-

5,000/-

Other areas of City Corporations


except serial nos. 1 & 2 above

2,000/-

SL.
#

3,000/-

Areas of residential building or


apartment

Areas of Paurasabhas of any


district headquarters

Upazilla and Others

It already owned a building or


apartment in any City Corporation
before such investment is completed
or the assessee invests in two or
more Buildings or Apartments

Plinth area up
to 200 square
meters, Tax
amount per square
meter (Taka)

Plinth area more


than 200 square
meters, Tax amount
per square meter
(Taka)

1,000/-

1,500/-

700/-

1,000/-

As per above tax


Plus extra 20% of
above calculated
tax

As per above tax


Plus extra 20% of
above calculated tax

15.

Special tax treatment in respect of investment in the purchase of bond under Bangladesh
Infrastructure Finance Fund (BIFF) [Section: 19C]

No question shall be raised as to the source of any investment by any person in the purchase
of bond issued under Bangladesh Infrastructure Finance Fund (BIFF) during the period
between 01 July 2010 and 30 June 2012 (both days inclusive), if assessee pays tax @ 10% on
such investment before filling return of income for the relevant income year. Any person may
invest under this scheme.

16.

Special tax treatment in respect of investment in the purchase of Bangladesh Government


Treasury Bond [section # 19D]

Notwithstanding anything contained in any other provision of the Ordinance, no question as


to the source of any sum invested by any person, being an individual, in the purchase of
Bangladesh Government Treasury Bond shall be raised if such person pays, before the filling
of return of income for that income year as per provisions laid down in section # 75(2), tax @
10% on sum invested.

17.

Voluntary disclosure of income [section # 19E]

Any person, who has not been assessed tax for previous assessment year or years or who has
been assessed for tax lower than actual tax those year or years may disclose such income in
the respective heads of income in the return of income along with the income for the current
assessment year.

Return of income under this provision shall be treated as valid, if:

The return of income is submitted within the time as specified u/s 75 (2)

Tax payable at applicable rate on total income inculding such income and penalty
@310% proportionate to such income are paid before submission of Return

Continued
36

Bangladesh Tax Handbook 2013-2014

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37

Income Tax

Income Tax

A declaration is enclosed with the return of income including

any salary paid or allowed to him in the income year by or on behalf of an


employer, though not due or before it became due to him;

any arrears of salary paid or allowed to him in the income year by or on behalf
of an employer, if not charged to income tax for any earlier income year;

Name of the person declaring


Head of the declared income and amount thereof; and
Amount of tax and penalty paid thereof.

ii.

A notice under clause (b) of sub-section (3) of section 93 has been issued before
submission of such return of income

House rent allowance receivable in cash [Rule # 33A]: House rent allowance in Taka
20,000 per month or 50% of basic salary or, whichever is less, shall be included in
income.

iii.

A notice on a banking company under clause (f) of section 113 has been issued before
submission of such return of income;

Rent free accommodation [Rule # 33B]: The rental value of the accommodation or 25%
of basic salary, whichever is less, shall be included in income.

iv.

Conveyance allowance receivable in cash with no conveyance facility [Rule # 33C]:


Allowable amount is Taka 30,000 per annum. The allowance so receivable in excess of
Taka 30,000 per annum shall be included in income.

v.

Conveyance provided partly or exclusively for personal or private use [Rule # 33D]: An
amount equal to 7.5% of basic salary shall be included in income.

vi.

Additional conveyance allowance [Rule # 33E]: The whole amount shall be included in
income.

vii.

Free or concessional passage for travel abroad or within Bangladesh [Rule # 33G]:

The provision of this section shall not apply, where -

Any proceeding under section 164,165,166 has been initiated before submission of such
return of income ;or

Any income declared under this section is

Not derived from any legitimate source of income or

Derived from any criminal activities under any other law for the time being in force.

The income shown under this section may be invested in income generating activities or any
section including the following:

Where free or concessional passage for travel abroad or within Bangladesh


is provided by the employer to an employee (including the members of his
household and dependents) shall be included in the income of the employee:

Building or apartment or land;

Where the passage is provided in accordance with the terms of employment:

Securities listed with a stock exchange in Bangladesh; or

Any trade, commercial, or industrial venture engaged in production of goods or services.

An amount equal to the sum by which the cash payments, if any, made by
employer exceeds the actual expenditure incurred by the employee;

Where the passage is not in accordance with the terms of employment:

The whole of the amount paid in cash and if not paid in cash, the amount which
would have been expended by the employee if not provided by the employer;

Where free concessional passage for travel abroad is availed more than once
in two years:

The whole of the amount paid in cash, if any, for such additional passage or if
no cash payment is made, the amount which would have been expended for
this passage if not provided by the employer shall be included in his income.

Where the transport is provided free of cost or at a concessional rate:

By an undertaking engaged in the transport of passengers or the carriage

Industrial undertaking including its expansion;

Balancing ,moderating, renovation and extension of an existing industry;

18.

Income from Salary [Section 21]

Any income classifiable as salaries irrespective of its place of payment shall be deemed to be
income accruing or arising income in Bangladesh if it is earned in Bangladesh or it is paid by
the government or local authority in Bangladesh to a citizen in Bangladesh.

Salary once included in any year on due basis or advance payment basis is not includible in the
income of any other year.
i.

Income classified under the head Salaries: Salaries include the following-

38

any salary due from an employer to the assessee in the income year whether
paid or not;

Bangladesh Tax Handbook 2013-2014

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39

Income Tax

Income Tax
of goods of an employee of the undertaking in any conveyance owned or
charted by the undertaking for the purpose of the transport of passengers,
nothing shall be added in his income;

viii.

Entertainment allowance [Rule # 33H]: The whole amount shall be included in income
except for free tea, coffee, beverages or the like thereof provided at the office premises
during the course of work.

ix.

Medical expenses [Rule # 33I]: Receipts / receivable from employer in excess of actual
expenditure shall be included in the income of the assessee.

x.

Other benefits [Rule # 33J]: Equivalent amount shall be included in income.

xi.

Allowable exemptions on the income of Sponsor / Shareholder Directors [Rule # 33(2)(b)]:


As per SRO 207-Ain/2005 dated 06.07.2005, a shareholder, being director of more than one
company, shall be entitled to the benefits under rule # 33 from one company only.

19.

Income from Interest on Securities [Section 22 & 23]

Incomes classifiable under the head Interest on Securities are:

20.

a.

Interest receivable by the assessee on any security of the government or any security
approved by the government;

b.

Interest receivable by him on debenture or other securities of money issued by or on


behalf of a local authority or company;

c.

Deductions permissible in the determination of income from interest on securities are:


Commission or charges deducted from interest by a bank realizing the interest
on behalf of the assessee;

ii.

Interest payable on money borrowed for the purpose of investment in the


securities;

Provided that allowance or deduction on account of interest or commission


in respect of or allocable to the tax-free government securities shall not be
allowed. Deduction will also not be allowed in respect of interest payable
outside Bangladesh on which tax has not been paid or deducted.

ii.
iii.
iv.
v.
vi.
vii.

viii
ix.

b.

Maintenance allowances: (25% of annual value in case it is used for residential


purposes, and 30% of annual value in case it is used for commercial purpose)
Insurance premium
Interest on mortgage or other capital charges
Any tax not being a charge leviable on annual basis
Ground rent
Land development tax
Interest payable on capital borrowed for the purpose of acquisition, construction,
reconstruction, repair or renovation of the house property; subject to owners
self occupied portion for which interest on borrowed capital not exceeding Taka
2,000,000.
Proportionate vacancy allowances
Interest payable during construction period to be allowed in 3 subsequent equal
installments.

Interest or annual charge payable outside Bangladesh shall not be allowed as deduction on
which tax has not been paid or deducted at source.

21.

Income from Business or Profession [Section 28]

Income from business or profession includes the following:


i.

profits and gains of any business or profession;

ii.

income of trade or professional association derived on account of specific services


performed for its members;

iii.

value of any benefit or perquisite arising from business or exercise of profession;

iv.

receipt back of loss, bad debt or expenditure and unpaid trading liability as referred
to section 19 (15);

v.

income from sale of asset of depreciated asset as referred to section 19 (16);

vi.

income from receipt of insurance, salvage or compensation money as referred to


section 19 (18);

vii. income from sale of asset of capital nature as referred to section 19 (20);
viii income from transfer of export quota as referred to section 19 (23).

Income from House Property [Section 24 & 25]


a.

40

i.

i.

Income from house property whether used for commercial or residential purposes
is taxable on the basis of its annual value. The value determined by the tax authority
u/s- 2(3) will be treated as annual value.
Deductions allowable in the determination of income from house property: The
following deductions are allowable in determining the net income:
Bangladesh Tax Handbook 2013-2014

22.

Allowable Deductions on income from Business or Profession [Section 29(1)]

The allowable deductions which have been specifically mentioned are the following:
i.

Rent for the business premises [Para # 1(i)]

ii.

Repairs to hired business premises [Para # 1(ii)]

Bangladesh Tax Handbook 2013-2014

41

Income Tax
iii.

Bank interest paid or any profit shared with a bank run on Islamic principles in
respect of capital borrowed for the purpose of business or profession [Para #1(iii)]

iv.

Share of profit paid by a bank run on Islamic principles [Para # 1(iv)]

v.

An amount not exceeding 5% of the profit transferred to Special Reserve by


financial institutions approved by the Government [Para # 1(v)]

vi

Repairs to own buildings, plants, machinery, furniture etc. [Para # 1(vi)

vii.

Insurance premium for insurance against risk of damage etc. of buildings plant etc.
used in business or profession [Para # 1(vii)]

viii

Depreciation of building, machinery, plant or furniture being owned by the assessee


or bridge or road or fly over owned by a physical infrastructure undertaking
and used for business or profession; the allowances are admissible under Third
Schedule [Para # 1(viii)]
In respect of amortization of license fees as admissible under the third schedule
[Para # 1(viiia)]

ix

42

Income Tax

Investment allowance for a passenger vessel or a fishing trawler, which is entitled


to special depreciation at 20% of the original cost subject to stipulated conditions
(Third Schedule, Para # 8) [Para # 1(ix)]

xvii

Provision for bad and doubtful debt and interest thereon made by a commercial
bank including the Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank and
Karmosangsthan Bank for a sum equal to 1% of the outstanding loan including
interest thereon or the amount of actual provision, whichever is less, subject to
the specified conditions, allowable during the assessment years 2001-2002,20022003,2003-2004 and 2004-2005, 2005-06 and 2006-07;
If any amount out of the provision for bad and doubtful debt and interest thereon,
which has been allowed, is ultimately recovered, the amount so recovered shall be
deemed to be profit of the year in which it is recovered [Para # 1(xviiiaa)]

xviii

Any expenditure, not being capital expenditure, laid out or expected on scientific
research related to the business [Para # 1(xix)]

xix

Any expenditure of a capital nature laid out or expended on scientific research


related to the business subject to the stipulated conditions [Para # 1(xx)]

xx

Any sum paid to scientific research institute etc. subject to the stipulated
conditions [Para # 1(xxi)]

xxi

Any sum, not being of capital nature laid out or expended on any educational
institute or hospital established for the benefit of employees subject to the
stipulated condition [Para # 1(xxii)]

xxii

Expenditure (including capital expenditure) incurred on any educational institution


or hospital established for benefit of employees and their dependents is
deductible provided no charge is made for the services rendered by such hospital
or institution. Expenditure incurred on the construction, maintenance or running
of any institute for the training of industrial workers will be similarly deductible
[Para # 1(xxiii)]

Obsolescence allowance for building, machinery or plant, which has been


discarded, demolished or destroyed, under the stated circumstances and to the
prescribed extent (Third Schedule, Para # 10) [Para # 1(xi)]

xi

Obsolescence allowance and allowance on account of death or useless animals;


[Para # 1(xii)]

xxiii

Any expenditure laid out or expended on the training of citizens of Bangladesh


in connection with a scheme approved by the National Board of Revenue [Para #
1(xxiv)]

xii

Land development tax or rent, local rates, etc. [Para # 1(xiii)]

xxiv

Expenses incurred in connection with visits abroad in a Trade Delegation


sponsored by Government [Para # 1(xxv)]

xiii

Bonus paid to employees including festival bonus [Para # 1(xiv)]

xxv.

xiv

The amount of bad debt, which is established to have become irrecoverable, under
the stated circumstances [Para # 1(xv)]

Subscription paid to a registered trade organization or to a recognized professional


institution is allowable expenditure for the purpose of computation of income
from business [Para # 1(xxvi)]

xv

The amount of bad debt written off as irrecoverable but deduction not allowed on
the ground that it was not then irrecoverable, the amount which was established
to be irrecoverable [Para # 1(xvi)]

xxvi.

Any expenditure, not being in the nature of capital expenditure or personal


expenses of the assessee laid out or expended wholly and exclusively for the
purpose of the business or profession of the assessee [Para # 1(xxvii)]

xvi

The amount for bad debt having been irrecoverable in an earlier year, is allowable
for the earlier year under the stated circumstances and with the consent of the
assessee [Para # 1(xvii)]

xxvii.

Allowance in respect of expenditure on publicity and advertisement [Section 30,


Para # f(iii)]

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43

Income Tax
xxviii.

xxvix.

xxx.

Income Tax

Any allowance in respect of expenditure on entertainment not in excess of the


amount prescribed in this behalf, Ceiling of admissible expenditure has been
prescribed in Rule 65 of Income Tax Rules, 1984 [Section 30, Para # f(i)]
On the first Taka 1,000,000 of income from business or profession : 4%
On the balance income
: 2%

iii.

Foreign travel expenses for holidaying and recreation incurred by business houses
on account of their employees and their dependants not exceeding the amount
prescribed in this behalf under Rules 65A of the Income Tax Rules, 1984 [Section
30, Para # f(ii)]
The amount has been restricted upto 3 months basic salary or three-fourth of
the actual expenditure whichever is less, not oftener than once in every 2 years;
subject to sum exceeding Taka 10,000 shall not be allowed as deduction unless
such payment is made through bank.

v.

iv.

vi.

vii.

Allowable expenditure on distribution of Free-Sample {(Rule: 65C), (Section


30,Para # f(iv)}
In respect of industry other than pharmaceutical industry:
Turnover upto Taka 5 crore : 1.50%
Turnover exceeding Taka 5 crore but not exceeding
Taka 10 crore : 0.75%
Turnover exceeding Taka 10 crore : 0.375%

viii.
In respect of pharmaceutical industry:
Turnover upto Taka 5 crore : 2.0%
Turnover exceeding Taka 5 crore but not exceeding
Taka 10 crore : 1.0%
Turnover exceeding Taka 10 crore : 0.50%
xxxi

Head Office Expenses for a Company not incorporated in Bangladesh, allowable


upto 10% of the net profitt (Section 30g)

xxxii

Technical Assistance Fee / Royalty allowable upto 5% of the profit (Section 30h)

xxxiii

Incentive Bonus allowable upto 10% of the disclosed net profit (Section 30j)

ix.
x.

xi.
xii.

23.

Deductions are not admissible in certain circumstances [Section 30]

xiii.

The following expenditures are not admissible deductions in the determination on income
from business or profession:

xiv.

i.
ii.

44

Payment of salaries if tax is not deducted at the time of payment and paid thereon
in accordance with section 50 [Para # 30(a)]
Any payment made by an assessee to any person if tax thereon has not been
deducted and credited in accordance with Chapter VII and VAT thereon has not been
collected or deducted and credited in accordance with VAT Act. 1991 [Para # 30(aa)]

Bangladesh Tax Handbook 2013-2014

Payment of interest, salary, commission or remuneration by a firm or an association


of persons to any partner of the firm or any member of the association as the case
may be [Para # 30(b)]
Brokerage or commission paid to a non-resident if tax has not been deducted there
from under section 56 [Para # 30(c)]
Payment to a provident or other fund unless effective arrangement has been made
for deduction of tax at source while making the payments from the fund which are
taxable under the head Salaries [Para # 30(d)]
Amount of perquisites or other benefits paid, as defined under Section 2(45), to any
employee in excess of Taka 250,000 [Para # 30(e)]
Provided that this ceiling shall not be applicable to an employer where perquisites
were paid to an employee in pursuance of any government decision to implement
the recommendation of a Wage Board constituted by the government;
The amount of expenditure in excess of the prescribed rates and as is not, in the
case of sales and services liable to excise duty, supported by excise stamp or seal in
respect of the following items [Para # 30(f)]
Entertainment (Rule # 65)
Foreign travels of employees and their dependants for holidaying and recreation
(Rule # 65A)
Distribution of free samples (Rule # 65C)
Any expenditure exceeding 10% of the profit under the head office expenses by a
company not incorporated in Bangladesh under Companies Act 1994 [Para # 30(g)]
Any payment by way of royalty, technical services fee, technical know how fee or
technical assistance fee exceeding 8% of the profit [Para # 30(h)]
Any payment by way of salary or remuneration made otherwise than by crossed
cheque or bank transfer by a person to any employee having gross monthly salary
of Taka 15,000 or more [Para # 30(i)]
Any expenditure by way of incentive bonus exceeding 10% of the disclosed net
profit [Para # 30(j)]
Any expenditure by way of overseas traveling exceeding 1% of the disclosed
turnover [Para # 30(k)]
Any payment by way of commission paid or discount made to its shareholder
director by a company [Para # 30(l)]
Any payment by a person exceeding Taka 50,000 or more, otherwise than by
a crossed cheque or bank transfer excluding payment for the purchase of raw
materials and payment for government obligation.

24.

Capital Gains [Section 31]

Any gains arising from transfer of a capital asset (both movable and immovable) as defined in
Section 2(15) of the Income Tax Ordinance is chargeable to income tax in accordance with the

Bangladesh Tax Handbook 2013-2014

45

Income Tax

Income Tax

Second Schedule, Para # 2 of the Income Tax Ordinance, 1984 which prescribes rates of income
tax in certain special cases;

Transfer of Capital Asset of a firm to a new company: Capital gain arising from transfer
of capital asset of a firm to a new company registered under companies Act 1994 and
the whole amount of capital gain is invested in the equity of the said company by the
partners of the firm, then the capital gain shall not be charged to tax as income of the
year of transfer [Section 32(11)]

v.

Transfer of Stocks and Shares of a public company by a non-resident: Capital


gain arising in the hand of a non-resident from transfer of stocks or shares of a
listed company is exempted from tax provided such assessee is entitled to similar
exemption in the country in which he is a resident [Section 31]

In determination of the gain on transfer of any expenditure incurred solely in connection with
transfer of the capital asset and the cost of acquisition including expenditure, if any, incurred
for the provement of asset are deductible from the sale value. In case of acquisition of asset:
Events

Value of cost capital assets

i.

By purchase the actual cost of the Actual cost of the previous owner as reduced by
asset;
depreciation allowance;

ii.

Property acquired by gift,


bequest or will or under a
transfer on a trust or distribution
of capital asset on liquidation of
company or solution of a firm or
association of persons;

Where actual cost of the previous owner as


reduced by depreciation allowance. Where
actual cost to the previous owner cannot be
ascertained, fair market value of assets on the
date on which it became the property of
previous owner, shall be taken to be the cost of
acquisition in the hand of present owner;

25.

Exemption of Capital Gains from tax [Section 32]

Capital gains or portion thereof arising out of transfer of certain capital assets are exempted
from the income tax under certain circumstances and upon fulfillment of certain conditions.
Following are the cases of full or partial exemptions:
i.

26.

Tax in respect of Capital Gain:


In Case of Company: [Second Schedule,
Para # 2(a)]
Capital gain will be taxed as a block of
income separate from other income of the
assessee company at flat rate
In Case of a person other than Company:
[Second Schedule, Para # 2(b)]
Where the capital gain arises as result of a
disposal after not more than 5 years from
the date of acquisition
Where the capital gain arises as result of a
disposal after 5 years from the date of
acquisition;

Transfer of capital asset used in the business with following rules: [Section 32(5)]
yy a new capital asset for the purpose of business or profession has to be purchased
within 1 year before or after the date of transfer;
yy when capital gain is greater than the cost of new asset, capital gain upto the extent
of cost of acquisition of new asset shall be exempted and balance shall be charged
to tax;

ii.
iii.

yy when capital gain is equal or less than the cost of new asset, no tax shall be
charged on the capital gain;
Capital gain arising out of transfer of Government Securities is exempted from tax
[Section 32(7)]
Transfer of Buildings and Lands to a new company for setting up an industry and the
whole amount of capital gain arising out of such transfer is invested in the equity of
the said company, the capital gain shall not be charged to tax as income of the year
of transfer [Section 32(10)]

Bangladesh Tax Handbook 2013-2014

Capital Gain Tax [Second Schedule]


Assessee

A declaration shall have to be made before the assessment is made;

46

iv.

New Rate
AY 2013-14

Previous Rate
AY 2012-13

15%

15%

Applicable rate
on total income
including capital
gain
Tax payable at the
rate applicable
on total income
including said
income @ 15% on
the capital

Applicable rate on
total income including
capital gain
Tax payable at the rate
applicable on total
income including said
income @ 15% on the
capital

27.

Income from Other Sources: [Section 33]

Following income of an assessee is assessable under the Income from Other Sources:
a.

Dividend;

b. Interest;
c.

Royalties and Technical Services;

d.

Income from letting of machinery, plant, furniture, building etc;

e.

Deemed Income [Section 19 (1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 21 & 24)]

f.

Income of any kind which is not classifiable under any other heads specified in Section 20.

Bangladesh Tax Handbook 2013-2014

47

Income Tax

Income Tax

28.

Set-Off of Losses [Section 37]

Whenever an assessee sustains a loss in any year under any of the following heads of income,
such as, property, interest on securities, business or profession, agricultural income and other
sources, he is entitled to set-off the loss so sustained against his income, profits or gains under
any other head in that year. Any speculative transactions undertaken by an assessee should be
treated as a distinct and separate business and any loss incurred in those transactions should
be set-off only against the income, profits or gains of that business. Loss on Capital Gains
cannot be set-off against income from any other head. Such loss can be set-off only against
the Capital Gains. Any loss from Business or Profession shall not be set off against income from
House Property in the year such loss crop up.
Carry forward of loss [Section 38]

29.

30.

Whenever an assessee sustains any loss under the head of Business or Profession not being
loss from speculation business and the loss cannot wholly be set-off against income under any
other head i.e. salary, property, agricultural income, interest on securities and income from
other sources, such unadjusted loss shall be carried forward to the following year to be set-off
against the profits and gains of the same business or profession. The only exception in this
regard is that the loss sustained in speculative business shall be carried forward to be set-off
only against speculative profits, if any, of the following year. Loss cannot be carried forward
for more than six successive assessment years.
Carry forward of Depreciation Allowance [Section 42(6)]
Depreciation allowance which cannot be given full effect of, in any year, because of there
being no profits or of inadequate profits, unadjusted allowances or portion thereof as the case
may be, shall be carried forward to the next year or so on for succeeding years and be part of
allowance for that year.
While setting-off loss on account of depreciation allowance, effect shall first be given to
business loss (Section 38) including loss from speculation business (Section 39).

iii

Income of a religious or charitable institution derived from voluntary contributions.


[Para # 2]

iv

Income of Local Government. [Para # 3]

Income of Provident Fund and other Funds. [Para # 4]

vi

Traveling Allowances, etc. (to meet expenses wholly and necessarily incurred in
performance of the duties of an office or employment of profit) incurred. [Para # 5]

vii

Income of Trustees on behalf of any recognized fund. [Para # 6]

viii

Income of the personnel of the foreign missions, not being a citizen of Bangladesh.
[Para # 7]

ix

Pension. [Para # 8]

Income from dividend amounting to Taka 10,000.

xi

Share of Capital Gains of a Partner of a Firm. [Para # 18]

xii

Income of a member of Hindu Undivided Family. [Para # 19]

xiii

Gratuity. [Para # 20]

xiv

Any payment received from Provident Fund and other Funds (PF, WPPF and approved
superannuation fund). [Para # 21]

xv

Income from dividend of a mutual fund or a unit fund upto Taka 25,000. [Para # 22A]

xvi

Interest on tax-free Government Securities. [Para # 24]

xvii

Interest on the balance in a Recognized Provident Fund. [Para # 25]

xviii

Payment received on voluntary retirement. [Para # 26]

xix

Income of indigenous Hillman. [Para # 27]

xx

Income from export business. [Para # 28]

xxi

Income from agriculture upto Taka 50,000. [Para # 29]

xxii

Capital Gains from Machinery or Plant used in business or profession. [Para # 31A]

31.

Income fully exempted from Tax subject to fulfillment of prescribed conditions and
limitations [Section 44(1) and Part A of Sixth Schedule]

xxiii

Income from the business of Software Development and Information Technology


Enabled Services (ITES) upto 30 June 2015. [Para # 33]

Certain incomes are totally exempted from tax and they are not includable with other income
even for rate purpose. Income specified in Part-A of the Sixth Schedule (Exclusions from Total
Income) of the Income Tax Ordinance 1984 are exempt and excluded from the computation of
total income subject to fulfillment of limits, conditions and qualifications laid down therein:

xxiv

Income from fisheries (not applicable to a company), poultry, production &


marketing of seeds, farming (cattle, dairy, frog & mushroom), horticulture,
floriculture and sericulture; if such income exceeds Taka 150,000 and at least 10%
of income invested in bond & govt. Securities. [Para # 34]

48

xxv

Income from the export of handicrafts upto 30 June 2015. [Para # 35]

Income from property held under Trust but shall not apply to NGOs registered with
NGO Affairs Bureau. [Para # 1]

xxvi

Any amount paid by govt. as tax on behalf of Petroleum Exploration Company under
Production Sharing Contract (PSC). [Para # 36]

ii

Any income derived from micro credit operations by NGOs registered with NGOAB.
[Para # 1A]

xxvii

Income from educational activities of private Agricultural College and University.


[Para # 37]

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49

Income Tax

Income Tax

xxviii Any income derived from any building situated in any area of Bangladesh (other
than areas of city corporation, Cantonment board, Tongi Upazila, Naryangonj
Paurashava, Gazipur , Paurashava and any Paurashava under Dhaka district), not
less than five storied having at least ten flats, constructed at any time between
01 July 2009 and 30 June 2014 for ten years from the date of completion of
construction of the building has been declared tax free.

ii.

The undertaking is managed either by (i) a body corporate established by or


under an act of Parliament having head office in Bangladesh or (ii) a company
defined under Companies Act 1913 or 1994 having subscribed & paid up capital
of not less than Taka 1,000,000 on the date of commencement of commercial
production;

Income from any Small and Medium Enterprise (SME) having annual turnover not
more than Taka 3,000,000. [Para # 39]

iii.

The undertaking is engaged in: [Section 46(B), Para # 2]

xxx

Income from Zero Coupon Bond. [Para # 40]

xxxi

Income from poultry farming for the period from July 2011 to June 2015. [Para # 42]

xxxii

Any profits and gains under the head Capital Gains arising from the transfer of
stocks or Shares of a public company in listed in any stock exchange in Bangladesh
of an assessee being a non-resident subject to the condition that such assessee is
entitled to similar exemption in the country in which he is a resident . [Para # 43]

The Industrial Undertaking in the production of textile, jute, high value garments
(overcoats, jackets & suits), pharmaceuticals, melamine, plastic, ceramics,
sanitary, steel, fertilizer, computer and agriculture machinery, energy saving
bulbs, solar energy panel, barrier contraceptive or rubber latex etc;

Providing on commercial basis, physical infrastructure facilities;

Tourist industry as defined in the explanation to Section 46;

iv.

30% of the tax exempted income to be invested in the same undertaking


or for a new industry during the period of exemption or within one year of
expiring tax holiday period. An additional 10% profit has to be invested each
year within 3 months of closing the income year by purchasing shares of listed
companies in Bangladesh;

xxxvi Income of an assessee donated in an income year to any fund established by or


under the provisions of Trust of Prime Ministers Education Assistance Act 2012
subject to a maximum of :
twenty percent (20%) of income of a company or Taka eight crore, whichever is
less. [Para # 47 (a)]

Provided that the purchase of shares of a listed company except


readymade garments industry and if 40% of income re-invested between 01
July 2008 and 30 June 2013 in the said or new industrial undertaking during
the period or within one year from end of the period.

v.

The undertaking is not formed by splitting up or by reconstruction or


reconstitution of an existing business or by transfer to a new business of any
machinery or plant used in Bangladesh at any time before commencement of
the new business;

Twenty percent (20%) of income of an assessee other than a company or one crore
Taka, whichever is less. [Para # 47 (b)]

vi.

An application shall be filed with the Board for approval of the undertaking
within 6 months from the end of the month of commencement of commercial
production or operation, and the undertaking must be approved by the Board;

vii.

A clearance certificate from the Directorate of Environment shall be obtained


for the relevant income year.

xxxiv An amount of income derived by an industrial undertaking engaged in the


production of rice bran oil and commencing commercial production by thirtieth
day of June 2015 at the specified rates. [Para # 45]
xxxv

50

The undertaking is set up in Bangladesh between 01 July 2011 and 30 June 2015;

xxix

xxxiii An amount of income derived from cinema hall or Cineplex which starts commercial
exhibition between the first day of July 2012 and thirtieth day of June 2015. [Para
# 44]

32.

i.

An amount equal to fifty percent of the income of an assessee derived from the
production of corn/maize or sugar beet. [Para # 46]

Tax Holiday for newly established industrial undertaking, Tourist Industry and Physical
Infrastructure facility set-up between the period of July 2011 to June 2015 etc. in certain
cases [Section 46B]
A.

Condition for Tax Holiday

Period of tax holiday has been further extended for 3 years beyond 30 June 2011 in
respect of industrial undertaking, tourist industry and physical infrastructure facility
subject to following conditions:

Bangladesh Tax Handbook 2013-2014

B.

Period of Exemption [Section 46(B), Para # 1]

Dhaka and Chittagong divisions, excluding Dhaka, Narayanganj, Gazipur,Chittagong,


Rangamati, Bandarban and Khagrachari districts, for a period of five years beginning
with the month of commencement of commercial production of the said undertaking:

Bangladesh Tax Handbook 2013-2014

51

Income Tax

Income Tax

Period of Exemption
For the first two years ( 1st and 2nd year)

For the third year

60% of income

For the fourth year

40% of income

For the fifth year

20% of income

For the first and second year

c.

52

33.

List of eligible sectors for Tax Holiday [Section 46B]


i.

If the said undertaking is set-up in Rajshahi, Khulna and Barisal divisions, and hill
districts of Rangamati, Bandarban, and Khagrachari; for a period of 7 years beginning
with the month of commencement of commercial production or operation;
Period of Exemption

Rate of Exemption
100% of income

Rate of Exemption
100% of income

For the third year

70% of income

For the fourth year

55% of income

For the fifth year

40% of income

For the sixth year

25% of income

For the seventh year

10% of income

ii.

Provided that an industry engaged in the production of bio-fertilizer or petrochemicals shall be entitled for exemption from tax even if it is set up in the districts of
Dhaka, Gazipur, Narayanganj or Chittagong.
Computation of Tax Holiday Income

The profit and gain shall be computed under the head income from business
or profession (section 28)

Loss sustained in a tax holiday undertaking shall not be set off against profits
of taxable units. Loss shall be carried forward to be set off against income from
same undertaking in the following years, but not beyond tax holiday period;

Only normal depreciation allowance, if any, shall be allowed;

Any dividend distributed by a tax-holiday company to its shareholders out of


its exempted profit shall not be exempt from tax;

Capital gains earned by tax holiday undertaking shall not be exempt from tax;

Income of the said undertaking resulting from disallowance made under


section 30 shall not be exempted from tax;
Bangladesh Tax Handbook 2013-2014

Industrial Undertaking
yy Textile;

yy Insecticide & pesticide;

yy Jute goods;

yy Computer hardware;

yy High Value Readymade Garments


(overcoat, jackets, suits);

yy Residential hotel having facility of


three star or more;

yy Pharmaceuticals;

yy Petro chemicals;

yy Barrier contraceptive or rubber


latex.

yy Basic raw materials of drugs,


chemicals & Pharmaceuticals;

yy Plastic products;

yy Agricultural machine;

yy Ceramics & sanitary ware;

yy Boilers & compressors;

yy Steel from iron ore;

yy Textile machinery;

yy Sanitary ware;

yy Energy saving bulb;

yy MS Rod & CI Sheet;

yy Solar energy panel;

yy Fertilizer;

yy Melamine;

Physical Infrastructure Facility:


yy Sea or river port;

yy Mono-rail & underground rail;

yy Container terminals, internal


container depot (ICD) & container
freight station (CFS);

yy Telecommunication other than


mobile phone

yy LNG terminal and transmission line;

yy Large water treatment plant &


supply through pipe line;

yy CNG terminal and transmission line; yy Waste treatment plant;


yy Gas pipe line;

yy Solar energy plant;

yy Flyover;

yy Export processing zone;

And any other category of industrial including as the government may be notification
in to official Gazette specify.

iii.

Tourism Industry:

Residential hotel having facility of three star or more and any other category of tourist
industry facility as the Government may by notification in the official Gazette specify.

Bangladesh Tax Handbook 2013-2014

53

Income Tax
34.

Income Tax

Tax Holiday for Hospitals [SRO 204-Ain/IT/2005 dated 6th July 2005]

yy gas pipe line,

a.

A newly established private hospital will be eligible for exemption of income for
another 5 years subject to the following conditions:

yy Information and Communication Technology yy Liquefied Natural Gas (LNG)

b.

The hospital is owned by a company registered under the Companies Act 1913 or 1994;

yy Information Technology (IT) park;

c.

The hospital is established between the period 1st July 1999 to 1st July 2008 in the
private sector;

yy large water treatment plant and supply

d.

The hospital is housed in a building constructed on the companys own land;

yy any other category of physical infrastructure yy renewable energy (e.g. energy

e.

The hospital has number of beds (i) 200 beds in case of general hospital (ii) 50 beds
in case of specialized hospital for heart, kidney and cancer patients;

f.

10% of the beds must be kept reserved for treatment of poor free of charge;

35.

Exemption from tax of newly established physical infrastructure facility set up between the
period of July 2011 and June 2015, etc. in certain cases [section # 46C]

Subject to the provisions of this Ordinance, income, profits and gains under section 28 from
physical infrastructure facility (hereinafter referred to as the said facility) set up in Bangladesh
between the first day of July 2011 and the thirtieth day of June 2015 (both days inclusive) shall
be exempted from the tax payable under this Ordinance for the 10 years beginning with the
month of commencement of commercial operation, and at the rate, specified below:
Period of Exemption
For the first and second year
For the third year
F or the fourth year
For the fifth year
For the sixth year
For the seventh year
For the eighth year
For the ninth year
For the tenth year

For the purpose of this section, physical infrastructure facility means,-

yy
yy
yy
yy

54

Rate of Exemption
100% of income
80% of income
70% of income
60% of income
50% of income
40% of income
30% of income
20% of income
10% of income

deep sea port;


elevated expressway;
export processing zone;
flyover

yy
yy
yy
yy

underground rail;

(ICT) village or software technology zone;

through pipe line;

sea or river port;

Bangladesh Tax Handbook 2013-2014

terminal and transmission line;

yy waste treatment plant; or


yy toll road and toll bridge;

facility as the Government may, by notification


in the official Gazette, specify.

saving bulb, solar energy plant,


windmill);

The exemption shall apply to the said facility if it fulfills the following conditions, namely:-

that the said facility 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 company law, 1994 with registered office in Bangladesh


and having a subscribed and paid up capital of not less than two million taka
on the date of commencement of commercial operation;

that thirty percent of the exempted income is invested in the said facility or in any new
physical infrastructure facility during the period of exemption or within one year from
the end of the period to which the exemption relates and in addition to that, another
ten percent of the exempted income 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, 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.

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

that application in the prescribed from for 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 operation;

that the said facility maintains books of accounts on a regular basis and submits
return of its income as per provisions of section 75 of this Ordinance.

mono-rail;
rapid transit;

yy Hi-tech park;

Bangladesh Tax Handbook 2013-2014

55

Income Tax

Income Tax

36.

Exemption of income of cooperative societies (Section-47)

Any income derived from sale of goods, lending of money or lease of land and buildings which
is for personal use of the members of the co-operative societies will be exempted:

The entire income of the societies if it is carried on the following businesses:

Agricultural or rural credit

Cottage industry

Marketing of agricultural produce of its members

XIII.

Purchase of agricultural implements, seeds, livestock, etc. for supplying those


to the members for agriculture purpose

XIV.

The processing which help agricultural produce turned into marketable goods
without any power generated manufacturing operation

XV.

Exception

37.

XVI.

Co-operative society does not get any exemption, if it is engaged in any


insurance business carried on by a mutual insurance according to paragraph
8 of the Fourth Schedule.

Investment Allowance for Tax Rebate [Section 44 (2) & (3) and Part B of Sixth Schedule]
a.

Sl. #
VIII.
IX.
X.
XI.
XII.

Maximum ceiling of Investment Allowance: Maximum ceiling for Investment Allowance


is taka 15,000,000, subject to maximum of 30% of the total income excluding
employers contribution to recognized PF & Interest thereon and actual amount of
investment, whichever is lower.

b.

Tax Rebate: Tax Rebate @ 15% of the eligible investment shall be allowed as Rebate.

c.

Investments eligible for Tax Rebate:


Sl. #
I.
II.
III.
IV.
V.
VI.
VII.

Particulars
Donation to Zakat Fund [Para # 13]
Contribution to Benevolent Fund and Group Insurance Scheme [Para # 17]
Donation of Aga Khan Development Network [Para # 21]
Donation to philanthropic or educational institution [Para # 22]
Any sum invested in the purchase of one computer or one laptop by an
individual assessee subject to maximum Taka 100,000 for laptop and Taka
50,000 for desktop. [Para # 23]
Any sum paid by an assessee as donation to a national level institution
set up in memory of the liberation war [Para # 24]
Any sum paid by an assessee as donation to a national level institution
set up in memory of Father of the Nation [Para # 25]
Any sum invested by an assessee, being an individual, in the acquisition
of any stocks or shares of a company, mutual fund or debenture listed
with any stock exchange [Para # 27]
Any sum invested by an assessee, being an individual, in the purchase of
Bangladesh Government Treasury Bond [Para # 28]

38.

Rates of Corporate Tax

Irrespective of profit or loss all companies and every firm having gross receipts of more than
Tk. 50,00,000 have to pay tax @ 0.50% on gross receipts as minimum Tax. Tax rates applicable
for companies are as follows:
SL.
No.
i

Assessee
Publicly traded Companies (other than Banks,
Insurance & Financial Institutions):

New Rate
AY 2013-14
27.50%

Previous Rate
AY 2012-13
27.50%

Minimum Dividend is 10%

Particulars
Life insurance premium paid by an individual [Para # 1]
Life insurance premium paid by Hindu Undivided Family [Para # 2]
Contribution to Provident Fund and Other Funds [Para # 3, 4, 5 & 6]
Investment in Unit Certificate etc [Para # 10]
Contribution in any Deposit Pension Scheme (DPS) not exceeding Taka
60,000 [Para # 11]
Donation to a charitable Hospital [Para # 11A]
Donation to organization for the welfare of the retarded people [Para
# 11B]

Publicly traded companies and declare dividend 24.75%


more than 20%

Additional Tax, if declared dividend or bonus


share rate is less than 15% [section: 16B]

5% on
5% on
undistributed undistributed
porfit
porfit

Companies declaring dividend less than 10% or


dividend not paid within the time

37.50%

37.50%

Continued
56

Bangladesh Tax Handbook 2013-2014

Bangladesh Tax Handbook 2013-2014

57

Income Tax
SL.
No.
ii

Income Tax
New Rate
AY 2013-14

Assessee

Previous Rate
AY 2012-13

SL.
No.
xiii.

Banks, Insurance and Financial Institutions:

42.5%

42.5%

Excess Profit Tax (banks only): Profit in excess


50% of Capital+ Reserve

15% on excess profit

15% on excess
profit

Merchant bank

37.50%

42.50%

iii

Companies not publicly traded

37.50%

37.50%

iv

Mobile Operator Company:

Assessee

Previous Rate
AY 2012-13

Payment of Dividend: Payment of Dividend by


companies formed under Company Act. 1994 or
by foreign companies (FED/702/2006/5743 and
Finance Ordinance 2008) to:
Non Resident Assessee: Other than non-resident Bangladeshi:
Company shareholders of tax treaty country
with more than 10% total shareholdings

10%

10%

Company shareholders of tax treaty country


holding less than 10% of total shares of the
company

20%

20%

40%
If the company is converted into publicly
traded company through at least 10% share for
Initial Public Offering (IPO) Subject to not more
than 5% of pre IPO placement;

35%

If not converted into a publicly traded


company with 10% share for IPO

45%

45%

Company shareholders of non tax treaty


countries

20%

20%

Private University: Income accrued from private


universities approved by University Grant
Commission and other universities which are
not public universities shall pay tax

15%

15%

Remittance of Profit to/by a Foreign Company

20%

20%

Person or Individual

25%

25%

vi

Company engaged in Diamond cutting and


Polishing industry

15%

15%

Resident Assessee: Including non-resident


Bangladeshi:
Company Shareholders

20%

20%

vii

Readymade Export oriented Garments Industries

10%

10%

Individual

10%

10%

viii

Companies which manufacture of yarn related 15%


production of fabrics, dying, finishing and
covering of yarn

15%

15%

15%

ix.

Textile Industries

15%

15%

x.

Jute Industries

15%

15%

Tax in respect of Capital Gain:


In Case of Company: [Sectioned Schedule, Para
# 2(a)]
Capital gain will be taxed as a block of income
separate from other income of the assessee
company at flat rate

xi.

Cigarette Manufacturing Company:

In Case of a person other than Company: [Sectioned Schedule, Para # 2(b)]

At applicable rate on
total income
including
capital gain

At applicable rate on
total income
including
capital gain

xii.

xiv.

Publicly traded company

40%

35%

Non publicly traded company

45%

42.5%

Tax on Income Accrued from Research Institute 15%


under Trust Act

15%

Where the capital gain arises as result of a


disposal after not more than 5 years from the
date of acquisition

Continued
58

New Rate
AY 2013-14

Bangladesh Tax Handbook 2013-2014

Continued
Bangladesh Tax Handbook 2013-2014

59

Income Tax
SL.
No.

xv.

xvi.

xvii.
39.

Assessee

Income Tax
New Rate
AY 2013-14

Previous Rate
AY 2012-13

Where the capital gain arises as result of a dis- At the rate


posal after 5 years from the date of acquisition applicable on
total income
including said
income
OR
@ 15% on the
capital gain
whichever is
lower

At the rate
applicable on
total income
including said
income
OR
@ 15% on the
capital gain
whichever is
lower

Income accrued outside Bangladesh to any


of her citizen, if such income is brought into
Bangladesh

Nil (SRO-

Nil (SRO-

Ain/IT/2004,

Ain/IT/2004,

dated
13.09.04)

dated
13.09.04)

Nil
Income from business of software and IT
Enabled Services (ITES) including IT Support &
Software maintenance services, data entry, data
processing, call centre, BPO Services, etc.

Nil

Capital gain arising out of transfer of govt.


Securities [Section 32(7)]

Nil

Nil

Normal Depreciation Allowance and Amortization (Third Schedule, Para # 3): [section:
29(1) (viii) & (ix)]

SL
No.

Class of Assets

Rate of WDV
except as
otherwise
indicated

a) Building

10%

b) Factory building

20%

ii

Furniture & fittings

10%

iii

Machinery & plant

a) General rate

Remarks

SL
No.

Class of Assets
1) Ocean-going ships (new)

20%

Ships

* Less than 10 years

12%

* 10 years or more

24%

3) Inland ships including steamers,


motor vessels, iron or steel flats for
cargo, wooden cargo boats, motor
launches and speed boats

24%

1) Batteries, X-Ray and electronic


therapeutic
apparatus
and
accessories thereto

20%

2) Machinery used in the production


and exhibition of cinematographic
films

20%

3) Motor vehicles, not plying for hire

20%

4) Motor vehicles, plying for hire

24%

5) Computer & computer equipments

30%

6) Bangladeshi
software

50%

computer

1) Professional & reference books

30%

2) Aircraft, aero-engine and aerial


photographic apparatus

30%

3) Moulds used in the manufacture of


glass or plastic goods or concrete pipe

30%
30%

1) Below ground installation

30%

2) Above ground installations, that is


to say, portable boilers, drilling tools,
well-head tanks and rigs

30%

Continued
Bangladesh Tax Handbook 2013-2014

The allowance is
to be calculated
on the original
cost

2) Ocean-going ships (Second hand)


age at the time of purschase

made

Remarks

12%

Mineral of concerns

b) Special rates-

60

Rate of WDV
except as
otherwise
indicated

Continued
Bangladesh Tax Handbook 2013-2014

61

Income Tax
SL
No.

Class of Assets

Income Tax
Rate of WDV
except as
otherwise
indicated

Physical infrastructure undertaking

Remarks

1) Bridge

2%

2) Road

2%

3) Fly over

2%

In case of motor vehicles, being passenger vehicles or sedan cars, not plying for hire cost for
the purpose of depreciation is restricted to Taka 2,000,000.

40.

Amortization of License fees [Section 29 (1) (VIIIa)/Third schedule Para 10A]

Addition of new paragraph 10A after paragraph 10:


10A. (1) Amortization of license fees.- (1) Where an assessee, - being a resident company, paid
any sum as license fees on or after the first day of July, 2012 wholly and exclusively
for the purpose of obtaining a permission from any authority = authorised by the
government applicable for two or more years to run a business, the assessee shall be
allowed a deduction of an amount proportionate to such years and such deduction
shall continue till the last year of the period for which the license was granted.

- For the next following second year

30% of the actual cost of plant and


machinery to the assessee

- For the next following third year

20% of the actual cost of plant and


machinery to the assessee

The assets enjoying accelerated depreciation will not be eligible for any other depreciation
under the Income Tax Ordinance.

The undertaking must fulfill all the prescribed conditions and apply to Board in the prescribed
manner for approval for the purpose of deprecation of this category within six months from
the end of the month of commencement of commercial production. Board is to give decision
on the application within 45 days [Section 46A (3) or 46B (6)].

Accelerated depreciation is also allowable on machinery and plant other than office
appliances and road transport vehicles which having not being previously used in Bangladesh,
has been or is used in the expansion unit of any existing undertaking or in the treatment and
disposal of toxic and environmentally hazardous wastes or in the collection or processing of
biodegradable waste or in the research and development in any industrial undertaking owned
by a company. In this case accelerated depreciation is allowed at 80% for 1st year (starts
commercial production or operation) and 20% for the next following year [Para # 7A (1)].

43.

Withholding Tax / Tax Deducted at Source (TDS) [Section # 50, 51, 52, 53, 54, 55 & 56]

All taxes deducted or collected in accordance with the section 48 to 74, shall be paid to the
credit of govt. by e-payment, challan or pay order within 3 weeks from the date of such
deduction or collection and all taxes deducted or collected shall be deposited to Bangladesh
Bank or Sonali Bank, except deduction from

For the purpose of this paragraph, license fees means Spectrum Assignment fees paid
by a cellular mobile phone operator.

41.

Initial depreciation: [Third Schedule, Para # 5A]

Where any building has been newly constructed or any machinery or plant has been in Bangladesh
after 30th June 2002, an amount by way of initial depreciation allowance in respect of the year
of construction or installation or the year in which such building, machinery or plant is used by
the assessee for the first time for the purpose of his business or profession or the year in which
commercial production is commenced, whichever is later, shall be allowed at the following rates:

In the case of building - 10% of the cost;


In the case of machinery or plant other than ships or motor vehicles not plying for hire 25% of
the cost;

42.

Accelerated Depreciation [Third Schedule, Para # 7 & 7A]

In the case of any machinery or plant (other than office appliance and road transport vehicles)
which not having been previously used in Bangladesh, has been or is used in an industrial
undertaking set up in Bangladesh between the first day of July, 1977 and the thirtieth day
of June 2012 (both days inclusive) accelerated depreciation allowance shall be allowed and
computed as follows:

62

50% of the actual cost of plant and


machinery to the assessee

30%

(2)

- For the first year in which the undertaking


starts commercial production

Bangladesh Tax Handbook 2013-2014

Supply of goods or execution of contracts (u/s-52)

Professional or technical service fee (u/s-52A)

House property (u/s-53A)

Commission or fees (u/s-53E)

For the above four cases, cheque equivalent to deducted amount needs to be issued in
favor of concerned DCT and send to the person [u/s-2(46)] from whom tax has
been deducted subject to production of counter foil of treasury challan. Provided that if the
person is not resident in Bangladesh, exception will not be applicable.

Bangladesh Tax Handbook 2013-2014

63

Income Tax
44.

Income Tax

Rates of tax at source:


SL.
No.
1

3
4

Section/
Rate of
Particulars
Rule #
deduction (%)
50
Salaries and benefits:
Average rate
On first Taka 220,000 (Male Assessee);
Nil
On first Taka 250,000 (Female Assessee);
Nil
On first Taka 250,000 (Assessee aged 65 & more);
Nil
On first Taka 300,000 (Physically challenged Assessee);
Nil
On next Taka 300,000;
10
On next Taka 400,000;
15
On next Taka 300,000;
20
25
On the rest of the balance
50 A
Discount of the real value of Bangladesh Bank bills
Individual
27.5 or 37.5 or
Company
42.5 or 45
whichever is
applicable
51
Interest on securities excluding treasury bond or
10
treasury bill issued by the government
52 (1) &
Rule 16

In case of Supply of goods or execution of Contracts,


subcontracts, local L/C, payment of Indenting or
Shipping Agency Commission locally:

SL.
No.
5

Section/
Particulars
Rule #
52 (1) &
Indenting commission received through remittance
Rule 17
Shipping agency commission received through
remittance

52 A (1)

Fees for services rendered by Doctors, Accountants,


Engineers & Consultants

10

52A(2)

Royalty or Technical Know How Fee

10

52 A (3)

Fees for Professional or Technical Services


- if furnishes TIN

10

Fees for Professional or Technical Services


- if fails to furnish TIN

15

Payments of Commission to Stevedoring Agency and


any Other Services not covered under sections # 52

10

Payment for Private Security Services

1.5

52AA

10

52AAA

Commission to Clearing & Forwarding agents

10

11

52 B

Collection of tax from Cigarette Manufacturers

10

12

52 C

Compensation against Acquisition of Property:

Where the cumulative payment does not exceed Taka


200,000
Where the cumulative payment exceeds Taka 200,000
but does not exceed Taka 500,000

Nil
1

Immovable property situates within city corporation,


paurashava or Cantonment board area

Where the cumulative payment exceeds Taka 500,000


but does not exceed Taka 1,500,000

2.5

Immovable property situates outside of city


corporation,paurashava or Cantonment board area

Where the cumulative payment exceeds Taka 1,500,000


but does not exceed Taka 2,500,000

3.5

Where the cumulative payment exceeds Taka


2,500,000 but does not exceed Taka 30,000,000

Where the cumulative payment exceeds Taka 30,000,000

13

52 D

Interest on saving instruments [Interest on


sanchayapathra purchased after 01 July 2011]

14

52 F

Collection from brick manufacturers (at the time of


permission for manufacture of bricks):
- for one section brick field

In the case of supplied by oil marketing company


Where the payment does not exceed Taka 200,000
Where the payment exceeds Taka 200,000

Nil
0.60

15

52 I

Bangladesh Tax Handbook 2013-2014

Tk. 30,000

- for two section brick field

Tk. 45,000

- for three section brick field

Tk. 60,000

Commission of Letters of credit

Continued
64

Rate of
deduction (%)
7.5

5
Continued

Bangladesh Tax Handbook 2013-2014

65

Income Tax
SL.
No.
16

Income Tax

Section/
Rate of
Particulars
Rule #
deduction (%)
52 K
Renewal of trade license by City Corporation or Paurashava:
Tk 500
For Dhaka City Corporation or Chittagong City
Corporation

17

52 M

18
19

52 N
52 O

In any City Corporation, other than Dhaka City


Corporation and Chittagong City Corporation

Tk . 300

In any paurashava at any district headquarter

Tk. 300

In any other paurashava


Collection from freight forward agency commission

Tk. 100
15

Rental power company


Collection of tax for making payments or giving credit to a
foreign technician serving in a diamond cutting Industry

4
5

20

52 P

Services from convention hall, conference centre, etc.

21

52 Q

Credit or Payment to the account of any resident


out of remittances received from abroad by way of
Service Charge / Consultancy Fee/ Commission /
Remuneration or other Fees
Deduction of tax from receipts in respect of
international phone call
On total amount of international phone call received
through International Gateway (IGW)

10

22

52R

On the amount of international phone call paid or


credited by International Gateway(IGW) services
operator to the account of Interconnection
Exchange (ICX ), Access Network Services (ANS) or
any other person under any agreement with BTRC

SL.
No.
27
28

Section/
Rate of
Particulars
Rule #
deduction (%)
53 B &
Export of manpower (service charges)
10
Rule 17C
53 BB
Collection of tax from export of knitwear and woven
0.80
garments

29

53 BBB

Collection of tax from Member of stock exchanges


(bond has been omitted from members portfolio)

0.05

30

53 BBBB

Collection of tax from export of any goods except


knitwear and woven garments

0.80

31

53 C &
Rule 17D

Collection of tax on sale price of goods or property


sold by public auction

32

53 CC

Deduction or collection of tax at source from courier


business of a non resident

15

33

53 D

10

34
35

53 DDD
53 E(1)

Payment to actors, actress, producers etc. Exceeding


Tk. 10,000
Deduction from export cash subsidy
Commission, discount or fees on account of
marketing or distribution of goods
Company (other than oil marketing company) shall
collect tax on the difference between the sale price
to the distributor or other persons and the retail price
fixed by the company

53 E(2)
1

23

52 S

Collection of tax from manufacturer of soft drink

24

53 & Rule
17A

Collection of tax from importers. The board shall


specify from whom collection to be made

25

53A

Payment of rent to landlord

26

53 AA

Collection of tax from shipping business of a resident:


Freight received or receivable in or out of Bangladesh
Freight received or receivable from service rendered
between two or more countries

5
3

36

53 EE

37

53 F

Bangladesh Tax Handbook 2013-2014

Commission or remuneration paid to agent or


representative of a foreign buyer as per terms of L/C
or under any other instructions
Interest on Savings and Fixed Deposits or any term
deposit maintained with schedule bank including a
corporation, bank or by way of profit on term deposits,
financial institutions, Leasing Company or housing
company
For TIN holder

7.5

For assessee Without TIN having deposit above

15

Taka 1,00,000

For assessee Without TIN having deposit less

10

10

than Taka 1,00,000

Continued
66

5
10

Continued
Bangladesh Tax Handbook 2013-2014

67

Income Tax
SL.
No.
38

Income Tax

Section/
Rate of
Particulars
Rule #
deduction (%)
53 FF
Collection of tax from persons engaged in real
estate or land development business:
In case of building or apartment Building for residential purpose:
Tk. 1,600 per
Situated at Gulshan, Banani, Baridhara, Motisquare meter
jheel and Dilkusha of Dhaka

Situated at DOHS, Dhanmondi, Mohakhali,


Lalmatia, Uttara, Bashundhara, Cantonment,
Kawran Bazar of Dhaka and Khulshi, Panchlaish, Nasirabad & Agrabad of Chittagong

Tk. 1,500 per


square meter

Tk. 600 per


square meter

Other areas in Bangladesh


Building not for residential purpose:

Situated at Gulshan, Banani, Baridhara, Motijheel and Dilkusha of Dhaka

Situated at DOHS, Dhanmondi, Mohakhali, Lalmatia, Uttara, Bashundhara, Cantonment, Kawran Bazar, of Dhaka and Khulshi, Panchlaish,
Nasirabad & Agrabad of Chittagong

SL.
No.
41

Tk. 6,500 per


square meter

42

43
44
45

Tk. 5,000 per


square meter

Section/
Rate of
Particulars
Rule #
deduction (%)
53 H
Collection of tax on transfer, etc. of property:
-- On deed value within the jurisdiction of RAJUK and CDA
3
-- On deed value within the jurisdiction of Dhaka and
Chittagong districts excluding RAJUK, CDA, Gazipur,
2
Narayanganj, Munshiganj, Manikganj and Narsingdi
districts, City corporation excluding Dhaka South
City Corporation, Dhaka North City Corporation
and Chittagong City Corporation, paurashava,
cantonment board
-- On deed value for any areas other than areas
1
mentioned above.
53 I
Interest on deposit of Post Office Savings Bank
10
Account, deductible only when total interest exceeds
Tk. 150,000 and TDS applicable only on the interest in
excess of Tk. 150,000
53 J
Payment of rental value of vacant land or plant
5
53 K
Advertising bill of newspaper or magazine or private
3
television channel and private radio station
54
Deduction from Dividends:
-- Company beneficiary for non-tax treaty countries
20
-- Company beneficiary for tax treaty countries
10
-- Company beneficiary for tax treaty countries having
20
less than 10% shareholding
-- Resident Company
shareholding

Tk. 1,600 per


square meter

Other areas in Bangladesh.


In case of land:
On deed value for Dhaka, Gazipur, Narayanganj,
Munshiganj, Manikganj, Narsingdi and Chittagong districts

On deed value for any other district

46
47

39

53 G

Payment of insurance commission

40

53 GG

Payment of fees / remuneration to surveyor of


General Insurance Company

15

55 & Rule
17
56

with

more

than 10%

20

-- Individual: Resident & Non-resident Bangladeshi

10

-- Individual: Non resident Foreigner

25
20

Income from lottery etc.


Deduction from income of non-residents:
Company

Rate applicable
to company, i.e.,
37.5%
Person other than company & non-resident Bangladeshi
25
Non resident Bangladeshi

Rate applicable
for resident
individual

Continued
68

Bangladesh Tax Handbook 2013-2014

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69

Income Tax
45.

Income Tax

Form of Return of WithholdingTax under Income Tax Ordinance, 1984 (Ord. XXXVI OF 1984)

8.

Particulars of tax deducted or collected:

(Return under section 75A)


FOR COMPANY TAXPAYERS ONLY
1.

SL.

Name of the Company:


-

(1)
1.

2. TIN/UTIN:
3.

TCAN -

4.

(a) Circle:.

5.

Deduction/Collection Period:

6.

2.

(b) Taxes Zone:

1st quarter (July-September),......................................................... Year ...

.. ;

2nd quarter (October-December),.................................................. Year ...

.. ;

3rd quarter (January-March),.......................................................... Year ...

.. ;

4th quarter (April-June),.................................................. ............... Year ...

.. ;

(a)

3.

Address:

(b) Phone:
(c)

4.

Fax No.:

(d) E-mail:
(e)
7.

Web address: http://www...

Contact person:

(a) Name:
(b) Designation:
(c)

Telephone: ...

5.
.

6.

(d) Mobile:
(e)

Type of
payment

Section
of I.T.O,
1984

(2)

(3)
50

a. Payment to
contractors/
supplier
b. Indenting
commission
c. Shipping
agency
commission
a. Service of
doctor
b. Royalty or
technical
know-how fee
c. Fees for
professional
& technical
services
a. Payment
for private
security
service
b. Payment to
Stevedoring
agencies
c. Any other
service
L/C commission

52

Salary

Freight forward
agency
commission

Payment
during
the
quarter

Rate of
deduction/
collection

Amount of
Tax
deduction /
collection

(4)

(5)

(6)

52
52

52A(1)
52A(2)

52A(3)

52AA

52AA

52AA
52I
52M

E-mail: ...
Continued

70

Bangladesh Tax Handbook 2013-2014

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71

Income Tax
SL.
(1)
7.

8.

9.

9A

10.

11.
12.
13.

14.

15.

Income Tax
Type of
payment
(2)
Payment to
foreign technician
serving in
diamond cutting
industry
Payment for
services 2P from
convention hall etc.
Payment to
resident person
against services
provided person
Deduction of tax
from the service
of international
gateway service
in respect of
phone call
Collection
of tax from
manufacturer of
soft drink
House/office rent 53A
Collection of tax from
shipping business of a
resident

Receipt from
export of
manpower
Collection of tax
from export of
knit-wear and
woven garments.
Collection of tax
from member
of stock exchanges

Section
of I.T.O,
1984
(3)
52O

Payment
during
the
quarter

Rate of
deduction/
collection

Amount of
Tax
deduction /
collection

(4)

(5)

(6)

52P

52Q.

52R

52S

SL.

Type of
payment

(1)
16.

(2)
(3)
Collection of tax
53BBBB
from export of
any good except
certain items.
17. Receipt from
53C
public auction
18. Courier business
53
of a non-resident.
19. Payment to actor/
53D
actress.
19A Deduction of tax 53DDD
at source from
export cash
subsidy
20. Payment as
53E(1)
commission or
discount for
distribution of
goods.
20A. Company, other
than oil marketing
company, shall
collect tax on
the difference
between the sale
price to the distributor or other
persons and the
retail price fixed
by such company.

53A
53AA
53B

53BB

21.
53

Payment to
foreign buyers
agent.

Continued
72

Bangladesh Tax Handbook 2013-2014

Section
of I.T.O,
1984

Payment
during
the
quarter

Rate of
deduction/
collection

Amount of
Tax
deduction /
collection

(4)

(5)

(6)

53E(2)

53EE

Continued
Bangladesh Tax Handbook 2013-2014

73

Income Tax
SL.
(1)
22.

23.
24.

25.

26.

27.

Income Tax
Type of
payment
(2)
Interest on
savings and fixed
deposit.
Insurance
commission.
Payment to
surveyor of
general insurance.
Rental value of
vacant land, plant
or machinery.
Advertising bill
of newspaper or
magazine.

Section
of I.T.O,
1984
(3)
53F

Payment
during
the
quarter
(4)

Rate of
deduction/
collection

Amount of
Tax
deduction /
collection

(5)

(6)

53G
53GG

53J

53K

53M

28.

Transfer of
securities
by sponsor
shareholders.
Dividends.

29.

Lottery.

55

30.

Payment to nonresident.

56

54

Verification
9.

I, .................................................................... designation........................... s o l e m n l y
declare that to the best of my knowledge and belief the information given in this
return is correct and complete.
Place:
Date:

Signature and seal

NB: 1. The return shall be accompanied by a statement of deduction or collection of


tax along with copy of treasury challans or payment orders.

74

Bangladesh Tax Handbook 2013-2014

10. Tax shall be deposited to respective account code according to the following table:
Name of the Zone

Income taxPerson

Income taxCompany

Other Fees

Taxes Zone-1, Dhaka

1-1141-0001-0111

1-1141-0001-0101

1-1141-0001-1876

Taxes Zone-2, Dhaka

1-1141-0005-0111 1-1141-0005-0101

1-1141-0005-1876

Taxes Zone-3, Dhaka

1-1141-0010-0111

1-1141-0010-1876

1-1141-0010-0101

Taxes Zone-4, Dhaka

1-1141-0015-0111

1-1141-0015-0101

1-1141-0015-1876

Taxes Zone-5, Dhaka

1-1141-0020-0111

1-1141-0020-0101

1-1141-0020-1876

Taxes Zone-6, Dhaka

1-1141-0025-0111

1-1141-0025-0101

1-1141-0025-1876

Taxes Zone-7, Dhaka

1-1141-0030-0111

1-1141-0030-0101

1-1141-0030-1876

Taxes Zone-8, Dhaka

1-11410035-0111

1-1141-0035-0101

1-1141-0035-1876

Taxes Zone-9, Dhaka

1-1141-0080-0111 1-1141-0080-0101

1-1141-0080-1876

Taxes Zone-10, Dhaka

1-1141-0085-0111

1-1141-0085-0101

1-1141-0085-1876

Taxes Zone-11, Dhaka

1-1141-0090-0111 1-1141-0090-0101

1-1141-0090-1876

Taxes Zone-12, Dhaka

1-1141-0095-0111

1-1141-0095-0101

1-1141-0095-1876

Taxes Zone-13, Dhaka

1-1141-0100-0111

1-1141-0100-0101

1-1141-0100-1876

Taxes Zone-14, Dhaka

1-1141-0105-0111

1-1141-0105-0101

1-1141-0105-1876

Taxes Zone-15, Dhaka

1-1141-0110-0111

1-1141-0110-0101

1-1141-0110-1876

Taxes Zone, Narayangonj

1-1141-0115-0111

1-1141-0115-0101

1-1141-0115-1876

Taxes Zone, Gazipur

1-1141-0120-0111

1-1141-0120-0101

1-1141-0120-1876

Taxes Zone, Mymenshing

1-1141-0125-0111

1-1141-0125-0101

1-1141-0125-1876

Taxes Zone, Comilla

1-1141-0130-0111

1-1141-0130-0101

1-1141-0130-1876

Taxes Zone, Chittagong

1-1141-0135-0111

1-1141-0135-0101

1-1141-0135-1876

Taxes Zone, Bogra

1-1141-0140-0111

1-1141-0140-0101

1-1141-0140-1876

Large Taxpayer Unit (LTU

1-1145-0010-0111 1-1145-0010-0101

1-1145-0010-1876

Central Survey Zone

1-1145-0005-0111 1-1145-0005-0101

1-1145-0005-1876

Taxes Zone-1, Chittagong 1-1141-0040-0111 1-1141-0040-0101

1-1141-0040-1876

Taxes Zone-2, Chittagong

1-1141-0045-0111

1-1141-0045-0101

1-1141-0045-1876

Taxes Zone-3, Chittagong

1-1141-0050-0111 1-1141-0050-0101

1-1141-0050-1876

Taxes Zone- Khulna

1-1141-0055-0111

1-1141-0055-0101

1-1141-0055-1876

Taxes Zone- Rajshahi

1-1141-0060-0111 1-1141-0060-0101

1-1141-0060-1876

Taxes Zone- Rongpur

1-1141-0065-0111

1-1141-0065-0101

1-1141-0065-1876

Taxes Zone-Sylhet

1-1141-0070-0111

1-1141-0070-0101

1-1141-0070-1876

Taxes Zone- Barisal

1-1141-0075-0111

1-1141-0075-0101

1-1141-0075-1876

Bangladesh Tax Handbook 2013-2014

75

Income Tax

Income Tax
income not exceeding Taka 300,000 (Taka Three Lac) from business or profession may opt not
to submit his/her lifestyle statement. This will be effective from Assessment Year: 2013-2014.

Name of the Zone

Income tax- Person & Company

Appeallate Zone-1

1-1143-0001-1876

Appeallate Zone-2

1-1143-0005-1876

50.

Filing of Return of Income and Statement [Section 75, 76, 77 & 78]

Appeallate Zone-3

1-1143-0010-1876

Appeallate Zone-4

1-1143-0035-1876

Appeallate Zone- Rajshahi

1-1143-0040-1876

Tribunal Fee

1-1143-0015-1876

Every person whose total income during an income year exceeds the exemption limit i.e. the
maximum amount which is not chargeable to tax and every person whatever his income in the
income year who was assessed to tax for any year within three years preceding that year, shall
furnish a return setting forth therein (along with such other particulars as may be prescribed)
his total income and total income during the income year.

I.R.C

1-1731-0001-1801

VAT Deposit

1-1133-0000-0311

Every company shall file a return of its income or the income of any other person for whom the
company is assessable, on or before the date specified.

Affix Stamp

1-1101-0020-1301

Where a person is not required to file a return under sub-section 1 of section 75, he is to file a
return if he:

46.

Advance Payment of Tax [Section 64]

The ceiling of the amount of income for payment advance tax is Taka 400,000; [Section 64]
The new assesses have been exempted from the payment of advance tax unless their income
exceeds Taka 400,000; [Section 68]

Advance tax is payable by an assessee during each financial year if the latest assessed income
(assessment completed either on regular or provisional basis before the fifteenth May of
the year) exceeds Taka 400,000. Advance tax is payable in four equal installments on 15th
September, 15th December, 15th March and 15th June. If one estimates that ones income during
any financial year will be less than the last assessed income, one may submit an estimate of
income of ones own and that the tax paid on the basis of the estimate does not fall short of
75% of the tax payable on regular assessment. Because, if the tax paid falls short he is liable
for interest [Section 73].

a.

resides in a city corporation or paurashava, or divisional head quarters or district head


quarters and fulfils any of the following conditions:
i.

owns a more than one story building with an area of more than 1,600 sft;

ii.

owns a motor car;

iii.

subscribes a telephone;

iv.

is a member of club registered under VAT Act 1991;

b.

runs a business or profession with trade license from a city corporation or


paurashava, union parishad and operates a bank account;

c.

is registered with a recognized professional body as a doctor, dentist, ITP, CA,


CMA, engineer, architect, surveyor or any similar profession.

47.

Payment on the Basis of Return [Section 74(1)]

Every person who is required to file a return under Sections 75, 77, 78, 89 (2), 91 (3) & 93 (1)
shall, on or before the date on which he files the return, pay the amount of tax payable by
him on the basis of such return or tax liabilities, if applicable, as per provision of section
#16CCC as reduced by the amount of any tax deducted from this income or paid by him.

d.

member of a club or a trade association;

e.

is a candidate for an office of paurashava or a city corporation or a member of


a parliament;

48.

Mode of payment of Tax by assessee (Rule-26A)

f.

participant in a tender floated by government, semi-government, autonomous


body or local authority;

All payments of Tax U/S-64,70,73,74,82D,83(2),84,89(3),107(2)(a),120,121(4)(a),123-129,135


(2),137(1),154(1), 158(5),160(1) and any other payments shall be made by pay order or demand
draft or account payee cheque of scheduled bank in favor of concerned DCT.

g.

has a tax payers identification number in accordance with the provision of


section 184A;

Provided that payment does not exceed Taka 10,000 can be made through treasury challan.

h.

any non government organization registered with NGO Affairs Buraeu.

49.

Return of statement of lifestyle [Section # 75 (2) (d) (i)]

An individual note being a shareholder Director of a company, having income from Salary or

Every individual shall furnish, along with the return or the certificate, as the
case may be, a statement in the prescribed form and verified in the prescribed
manner giving particulars of the total assets and liabilities of himself,

76

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77

Income Tax

Income Tax
his spouse and his minor children and dependants. He shall also furnish
particulars of his personal and family expenditure as per proforma determined
by the board to be called life-style as per rule 25A:

Provided that an individual, not being a shareholder director of a company, having


income from salary or income not exceeding three lakh taka from business or
profession may opt not to submit such statement;

In the case of a company the return will be accompanied by a statement of accounts


audited by a chartered accountancy firm.

51.

Return of withholding tax [Section # 75A and Rule # 24A]

Every person, being a company, shall file or cause to be filed, with the deputy commissioner of
taxes where he is being assessed, a return of withholding tax collected or deducted at source.
The return shall be submitted on quarterly basis within 15th day of October, January, April and
July of each financial year. Following conditions are applicable for the return:

54. Assessments
i.

Assessment on Correct Return: [Section 82]

Where a return or a revised return has been filed under Chapter VIII and the Deputy
Commissioner of Taxes is satisfied, without requiring the presence of the assessee
or the production of any evidence, that the return is correct and complete, he shall
assess the total income and determine the tax payable by him on the basis of such
return and communicate the assessment order to the assessee within thirty days next
following: Provided that-

Such return shall be filed on or before the date as specified in clause (c) of sub section
(2) of section 75;

The amount of tax payable shall be paid on or before the date on which the return is
filed; and

Return of withholding tax shall be in prescribed form specified in Rule # 24A;

Return shall be submitted in Tax Circle in which companys tax assessment is being
made;

Such return does not show any loss or lesser income than the last assessed income, or
assessment on the basis of such return does not result in refund;

Return submission is mandatory for any amount of tax if deducted at source;

ii.

Universal Self Assessment [Section 82 BB]

Time extension of 15 days may be allowed by DCT;

Return shall be signed by chief official of the entity;

Summary of tax deducted at source and related treasury challans or payment orders
shall be affixed with the return;

Where an assessee furnish a correct and complete return of income, the DCT
shall receive such return himself or cause to be received by any other official
and issue a receipt of such return and, the receipt shall be deemed to be
an order of assessment for the assessment year for which the return is filed.

Penalty shall be imposed under section # 124 if return is not submitted within
prescribed time period;

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.

If any person fails to collect, deduct or credit the tax, the assessee shall be treated as
assessee in default.

The amount of tax payable shall be paid on or before the date on which the
return is filed in accordance with section 74.

The Board or any authority authorized by the Board may select a number of
such returns filed may refer to the DCT for the purpose of audit to make the
assessment under section 83 or 84.

No question as to the source of investment made by a new assessee deriving


income from business or profession shall be raised, if he shows income at least
not less than 25% of the capital invested in business or profession and pays
tax on such income before filling of income.

The initial capital investment of business or profession or any fraction of such


initial capital shall not be transferred from that business or profession within
the income year when the investment was made or within five years when the
investment was made or within five years from the end of that income year.

52.

Obligation to furnish Annual Information Return [Section # 75B]

Government may, by notification in the official gazette, require any person or group of persons
responsible for registering or maintaining books of account or other documents containing
a record of any specified financial transaction, under any law for the time being in force, to
furnish an Annual Information Return, in respect of such specified financial transaction.

53

Concurrent jurisdiction [Section # 75C]

Board may, by general or special order in writing, direct that in respect of all or any
proceedings relating to receiving of return of income and issuance of acknowledgement
thereof in accordance with the provisions of sections 75, 77, 78, 89(2), 91(3) or 93(1), the power

78

and functions of the DCT shall be concurrently exercised by such other authority as may be
specified by the board.

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79

Income Tax

Income Tax

55.

Some final settlement of tax liability [section # 82C]

Final discharge of tax liability shall not be applicable subject to following condition:

Tax deducted or collected at source in accordance with the provisions mentioned below shall
be deemed to be the final discharge of tax liability from that source. These are as follows:

Tax deduction or collection at source shall not be adjusted against refund due for earlier year or
years or refund due for the assessment year from any source other than mentioned in this section;

Section references Sources of tax deduction or collection


Section # 52
Payment on account of supply of goods or execution of contract or
local Letter of Credit (L/C)
Section # 52A(2)
Payment on account of royalty, fees for technical services
Section # 52AAA
Commission from clearing and forwarding agency business
Section # 52B
Value of banderols computed on account of manufacturer of cigarettes
Section # 52C
Compensation against acquisition of property
Section # 52N
Amount received by sale of rental power by rental power companies
Section # 52O
Salaries of foreign technician serving in a diamond cutting industry
Section # 52R
Amount received by International Gateway (IGW) services operator or
Interconnection Exchange (ICX) in respect of international phone call
Section # 53
Goods imported, not being goods imported by an industrial
undertaking as raw materials for its own consumption
Section # 53AA
Amount received or receivable from shipping business of a resident
Section # 53B
Amount received on account of export of manpower
Section # 53BB
Amount received on account of export of certain items
Section # 53BBB
Amount received on account of transaction by a member of stock
exchange
Section # 53C
The amount of auction purchase
Section # 53CC
Amount received on account of courier business of a non-resident

Income from the sources mentioned in this section shall be determined on the basis of the tax
deducted or collected at source and the rate or rates of tax applicable for the assessment year;

This income mentioned in earlier clause shall not be set off against loss;

Any income shown or assessed in excess of the amount mentioned in earlier clause shall be
liable to tax at the rate applicable for the assessment year;

Any income not admissible as allowances under section # 30 shall be added to this income;

56.

Assessment on the basis of Report of a Chartered Accountant [Section 83AAA]

Where a return or a revised return filed by a company is reasonable believed to be incorrect


or incomplete, the Board may appoint a registered Chartered Accountant to examine the
accounts of that assessee.

The Chartered Accountant shall exercise the powers and functions of the DCT and after
examining the accounts shall submit a report to the Board in writing. The Board shall forthwith
forward the report to the Deputy Commissioner of Taxes and the Deputy Commissioner of
Taxes after giving an opportunity to the assessee shall make the assessment on the basis of
the report of the chartered Accountant and on the basis of the other evidences within thirty
days after completion of hearing or consideration as the case may be and communicate the
order within thirty days from the date of such order.

57.

Assessment and computation of Income of Contractor of an Oil company (Rule 39)

Section # 52DDD
Section # 53FF

Amount received on account of Export cash subsidy


Amount received from persons engaged in real estate or land
development business
Section # 53G
The amount of remuneration or reward, whether by way of commission
or otherwise payable to an insurance agent
Section # 53GG
The amount representing the payment on account of survey by
surveyor of a general insurance company
Section # 53H
The amount of value of property
Section # 53L
The premium received from raising of share at a premium over face value
Section # 53M
Income received from transfer of securities or mutual fund units by
sponsor shareholders of a company
Section # 55 & 19(13) The amount on account of winnings

80

Provided that final discharge of tax liability shall not be applicable for a contractor of an oil
company or a sub-contractor to the contractor of an oil company [section # 52, 82C & rule # 39]
Bangladesh Tax Handbook 2013-2014

1.

Any person/company who resides out of Bangladesh and carries on business


in Bangladesh under an agreement as a contractor to an oil company or as a
subcontractor to the contractor to an oil company engaged in Petroleum Operations
in Bangladesh for exploration and development of oil & gas may exercise an option
or ascertainment of income, profits and gains from the operation of drilling of oil,
geophysical survey, marine seismic survey, shallow water seismic survey and other
activities relating to petroleum operations, under Rule 39.

In such case his income, profits and gains derived from such operations shall, subject
to the provision of this rule, be deemed to be an amount equivalent to 10% of the gross
earrings from such operations provided that:
a.

such option shall be exercised before the 30th day of September of the year of
assessment in which such person is assessable for the first time in Bangladesh.

b.

the option once exercised shall be treated as final and shall be applicable to
all assessments thereafter.

Bangladesh Tax Handbook 2013-2014

81

Income Tax
2.

Income Tax

For the purposes of the Rule 39:


a.

The expression income, profits and gains shall mean the net income, profts and
gains determined after considering all expenses, allowances and depreciation
as allowed for the purposes of sections 28, 29 and 30 of the Ordinance;

b.

the expression gross earnings shall include the total value of all fees, moneys,
income, compensations or reimbursable costs as stipulated in the agreement
with the oil company, or in the agreement with the contractor to the oil
company (whether in cash or in kind and whether received or not) derived
from the operations referred to in sub-rule by the person but excluding the
amount of tax, if any, paid or payable on behalf of the said persons, as reduced
by the following amounts
amount constituting compensations or reimbursements exclusively
for expenditures effected by the said person for the purchase
of equipments for the oil company, which are, in fact, not his
responsibility; and

58.

amount constituting compensations or reimbursements exclusively for


expenditures effected by the said person for the purpose of transporting
or moving, drilling and other equipments into and out of Bangladesh

Assessments under other sections


a.

Spot Assessment u/s 82D and Rule 38B;

b.

Provisional Assessment u/s 81;

c.

Best Judgment Assessment u/s 84;

d.

Assessment in thend case of discontinued business u/s 89;

e.

Assessment in the case of Deceased Persons u/s 92;

f.

Assessment in the case of departure from Bangladesh u/s 91;

g.

Assessment in the case of Minors, Lunatics, Idiots, Beneficiaries of any Trust,


etc. u/s 95;

h.

Assessment of Co-operative Societies u/s 47;

Transfer Pricing

In section 107A, following definitions on Transfer Pricing have been mentioned:

82

(3)

Arms length price means a price in a transaction, the conditions (e.g. price, margin
or profit split) of which do not differ from the conditions that would have prevailed
in a comparable uncontrolled transactions between independent entities carried out
under comparable circumstances;

Bangladesh Tax Handbook 2013-2014

(a)

a mutual agreement or arrangement between two or more associated


enterprises for the allocation or apportionment of, or any contribution to, any
cost or expense incurred or to be incurred in connection with a benefit, service
or facility provided or to be provided to anyone or more of such enterprises;

(b)

a transaction entered into by an enterprise with a person other than an


associated enterprise, if there exists a prior agreement in relation to the
relevant transaction between such other person and the associated enterprise,
or the terms of the relevant transaction are determined in substance between
such other person and the associated enterprise;

Uncontrolled transaction means a transaction undertaken between enterprises not


being the associated enterprises.

60.

Determination of income from international transaction having regard to arms length price
[Section #107B]

The amount of any income, or expenditure, arising from an international transaction shall be
determined having regard to the arms length price.

61.

Reference to Transfer Pricing Officer [Section # l07D]

Deputy Commissioner of Taxes, with prior approval of the Board, may refer the determination
of the arms length price to the Transfer Pricing Officer, the Transfer Pricing Officer, with prior
approval of the Board, may proceed to determine the arms length price in relation to any
international transaction.

62.

Maintenance and keeping of information, documents and records [Section # l07E]


(1) Every person who has entered into an international transaction shall keep and
maintain such information, documents and records as may be prescribed.
(2)

59.

(1)

(2) International transaction means a transaction between associated enterprises,


either or both of whom are non- residents, in the nature of purchase, sale or lease
of tangible or intangible property, or provision of services, or lending or borrowing
money, or any other transaction having a bearing on the profits, income, losses,
assets, financial position or economic value of such enterprises, and includes-

The Board may prescribe the period for which the information, documents and records
shall be kept and maintained.

(3) The Deputy Commissioner of Taxes may, by notice in writing, require any person to
furnish any information, documents and records within the notice period.
63.

Report from an accountant to be furnished [Section# 107F]

Every person who has entered into international transaction or transactions the aggregate
of value which, as recorded in the books of account, exceeds three crore Taka during an

Bangladesh Tax Handbook 2013-2014

83

Income Tax

Income Tax

income year shall furnish, on or before the specified date in the form and manner as may be
prescribed, a report from a Chartered Accountant.
64.

65.

66.

84

67.

Most appropriate method [Rule#72]

The most appropriate method for determining the arms length price of an international
transaction shall be the method that, under the facts and circumstances, provides the most
reliable measure of an arms length price in relation to the international transaction.

68.

Information and documents to be kept and maintained under section l07E [Rule#73]

Provision of penalty on transfer pricing [Section# 107G, 107H, and 107I]


References

Particulars

Section# 107G

Penalty for failure to keep, A penalty not exceeding one percent


maintain or furnish information, of the value of each international
documents or records to the transaction
Deputy Commissioner of Taxes

Penalty

ownership profile of the multinational group in which the assessee enterprise is a


member

business profile of the group

Section # 107H Penalty for failure to comply with A penalty not exceeding one percent
the notice or requisition
of the value of each international
transaction

Brief business profiles of each of the member of the group

information on the business relationship

Section#107I

consolidated financial statement of the group

profile of the assessee enterprise and each of the associated enterprises operating in
Bangladesh, including tax and VAT registration number, IRC & ERC numbers, address
and locations of activity centers etc

Penalty for failure to furnish report A penalty of a sum not exceeding


from a Chartered Accountant
three lac Taka

Determination of arms length price under section 107C [Rule#70]


(a)

Comparable uncontrolled price method: The price charged or paid for property
transferred or services provided in an uncontrolled transaction + the differential amount
from the price of the international transaction+ adjustment = arms length price

(b)

Resale price method: The resold price to an independent enterprise - comparable


normal gross margin+ adjustment =the adjusted price =arms length price

business profile of the assessee enterprise and each of the associated enterprise
operating in Bangladesh including the line of business, industry dynamics, and market
and economic environment

(c)

Cost plus method: Direct and indirect costs + comparable profit mark-up + adjustment
=arms length price

brief description of the functions performed, risks assumed and assets employed
or to be employed by the assessee and by the associated enterprise involved in the
international transaction

(d)

Profit split method: the combined profit arising from international transaction or
transactions and divisible among the associated enterprises based on the relative
contribution of each associated enterprise to that profit = arms length price.

financial statements of the assessee

information on economic and market analyses, forecasts, budgets or any other


financial estimates.

Factors to be considered in judging comparability [Rule # 71]

details of all transactions with the associated enterprises

The characteristics, nature, extent, forms of property, services or intangible properties


involved in the transaction

contracts, terms and agreements of the transactions with associated enterprise; etc.

The functions performed, the risks assumed and the assets employed

The contractual terms

Economic circumstances including geographic location, the size and level of markets;
the extent of competition in the market, the availability of substitute goods and
services, the purchasing powers of consumers, government orders and policies and
the timing of the transaction

Any other factors that have material effect on the international transaction and
uncontrolled transaction.
Bangladesh Tax Handbook 2013-2014

69. Additional powers of enquiry and production of documents [section # 116 (1)]

Directors-General of Inspection (DGI), the Commissioner, the Director General (DG), Central
Intelligence Cell (CIC) and the Inspecting Joint Commissioner of Taxes (IJCT) can make an
enquiry on any assessee or above assessee or related any person and ask for documents
including electronic copy along with authority to ask them to appear before authority for
providing information.

70. Power of giving order for not removing property [section # 116 A]

In the course of performing functions under this Ordinance, the Director General, Central

Bangladesh Tax Handbook 2013-2014

85

Income Tax

Income Tax

Intelligence Cell or the Commissioner has definite information in his hands that any person
has concealed the particulars of income or investment, he may, by order in writing- require any
person who is in immediate possession or control of any money, bullion, jewellery, financial
instrument, financial asset, valuable article or any other property not to remove, part with,
or otherwise deal with it without obtaining previous permission of the concerned authority
passing such order:

Every such order shall cease to have effect after the expiry of a period of one year
from the date of the order made.

The income tax authority may extend such period or periods with the approval of the
Board. Provided that the total period of extension shall in no case exceed one year.

In computing the period if any, for which the order has been stayed by any court, shall
be excluded.

71.

Avoidance of Double Taxation [Section 144]

The Government of Bangladesh may enter into an agreement with the Government of other
countries for the avoidance of double taxation and prevention of fiscal evasion with respect to
taxes on income leviable under the Ordinance and also under corresponding law of the other
country. Under the agreement, each dominion determines the total income of an assessee in
the ordinary way under its own laws but in respect of the source of income or categories of
transactions, as specified in the agreement, it is entitled to retain tax on such portion of the
income there from as is calculated according to the percentage as embodied in the agreement.

At present, Government of Bangladesh has entered into agreement for the avoidance of
double taxation with the following 28 countries:
Belgium

India

Norway

Singapore

Thailand

Canada

Indonesia

Oman

South Korea

Turkey

China

Italy

Pakistan

Sri Lanka

UK

Denmark

Japan

Philippines

Sweden

USA

France

Malaysia

Poland

Switzerland

Vietnam

Germany

Netherlands

Romania

72.

Relief in respect of Foreign Income [Section 145]

Where there is no reciprocal arrangement for avoidance of double taxation, relief is available
in respect of doubly taxed income. If any person who is resident in Bangladesh during any
year can prove to the satisfaction of the Deputy Commissioner of Taxes that he paid income
tax in respect of any income arising outside Bangladesh, he shall be entitled to deduction
from Bangladesh income tax payable by him of a sum equal to the tax calculated on the
double taxed income at the Bangladesh rate of tax or at the rate of tax of the foreign country,
whichever is the lower.

86

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87

Value Added Tax

Value Added Tax


Value Added Tax
73.

Who will deduct VAT?


Following persons are responsible to deduct VAT at source, such as:

Govt. organization;

Semi-govt. organization;

Autonomous organization;

NGO;

Bank;

Insurance;

Financial Institutions;

Limited company; and

Educational Institutions.

74.

Where to deposit the deducted VAT?

Deducted VAT amount shall have to be deposited to govt. exchequer with following area code,
such as:
Commissionerate Areas
Large Tax-payer Unit (LTU)

88

Bangladesh Tax Handbook 2013-2014

Treasury Challan Financial Code


1/1145/0010/0311

Dhaka (North)

1/1133/0015/0311

Dhaka (South)

1/1133/0010/0311

Chittagong

1/1133/0025/0311

Sylhet

1/1133/0018/0311

Rajshahi

1/1133/0020/0311

Jessore

1/1133/0005/0311

Khulna

1/1133/0001/0311

75.

Scope of VAT and its specified rates

Applicable VAT rates on various services, and areas where VAT Deduction at Sources (VDS) are
applicable shown as per following table.
Continued

Bangladesh Tax Handbook 2013-2014

89

Value Added Tax


Head #
S 001

Service
Code #

Value Added Tax


Service
Provider

S 001.10

Hotels including Club

S 001.20

Restaurant including
Club:

Rate of VAT (%)


VDS * Applicable
2013-2014
15

a) Restaurant with Air


Condition

15

b) Restaurant without
Air Condition

S 012

S 002

S 002.00

Decorators and Caterers

15

VDS Applicable

S 003

S 003.10

Motor Garage &


Workshop

4.5

VDS Applicable

S 003.20

Dockyard

4.5

VDS Applicable

S 004.00

Construction Works /
Firms (Builders)

5.5

VDS Applicable

S 005.10

Warehouse

15

S 005.20

Port for import or


export

15

S 006

S 006.00

Cold Storage

15

S 007

S 007.00

Advertisement
Organizations

15

S 008.10

Printing Press

15

S 008.20

Binding Organizations

15

S 009

S 009.00

Auction

15

VDS Applicable

S 010

S 010.10

Land Development
Organization

1.5

VDS Applicable

S 010.20

Building Construction
Organization

1.5

VDS Applicable

S 011.10

Video Cassette Shop

15

S 011.20

Video Games Shop

15

S 011.30

Video, Audio Recording


Shop

15

S 011.40

Video and Audio CD Rent


Provider Shop

15

S 004
S 005

S 008

S 011

Head #

VDS Applicable
VDS Applicable

Service
Code #

Telephone Service
Provider

15

S 012.11

Tele-printer Service
Provider

15

S 012.12

Telex Service Provider

15

S 012.13

Fax Service Provider

15

S 012.14

Internet Service
Provider

15

S 012.20

SIM Card Distributors

15

S 013

S 013.00

Automated Laundry

15

S 014

S 014.00

Indenting Service

15

S 015

S 015.10

Freight Forwarders

15

S 015.20

Clearing and Forwarding


Agent

15

S 016

S 016.00

Travel Agency

15

S 017

S 017.00

Community Centre

15

S 018

S 018.00

Film Studio

15

S 019

S 019.00

Photo Grapher

4.5

S 020

S 020.00

Survey Sangstha

15

VDS Applicable

S 021

S 021.00

Plants or Capital
Machineries Rent
Provider

15

VDS Applicable

S 022

S 022.00

Sweet Shop

15

S 023

S 023.10

Cinema Hall or Film


Distributor

15

S 023.20

Film Producer

15

S 024.00

Sales Centre of Furniture:

Continued
90

Rate of VAT (%)


VDS * Applicable
2013-2014

S 012.10

S 024

Bangladesh Tax Handbook 2013-2014

Service
Provider

VDS Applicable

At the time of production

VDS Applicable

At the time of marketing


subject to treasury
challan for 6% at
production stage

VDS Applicable

Continued
Bangladesh Tax Handbook 2013-2014

91

Value Added Tax


Head #

Service
Code #

Value Added Tax


Service
Provider

Rate of VAT (%)


VDS * Applicable
2013-2014

S 025

S 025.00

WASA

15

S 026

S 026.00

Goldsmith, Silversmith
and Gold & Silver Trader

Head #

Service
Code #
S 040.00

Security Service
Provider

15

S 042

S 042.00

Automated Saw-machine

15

S 044

S 044.00

Specialized Doctors

15

S 045

S 045.00

Legal Advisors

15

S 046

S 046.00

Health Club and Fitness


Centre

15
15

S 027

S 027.00

Insurance Company

15

S 028

S 028.00

Courier & Express Mail


Service

15

S 029

S 029.10

Medical Centre

15

S 047

S 047.00

Sports Organizer

S 029.20

Dental Clinic

15

S 048

S 048.00

Transport Contractor:

S 029.30

Pathological Laboratory

15

S 030

S 030.00

Beauty Parlor

15

S 031

S 031.00

Repairing or Servicing
of Taxable Goods

15

VDS Applicable

S 049

S 032

S 032.00

Consultancy firm and


Supervisory firm

15

VDS Applicable

S 050

S 033

S 033.00

Lessee

15

VDS Applicable

S 034

S 034.00

Audit and Accounting Firm

15

VDS Applicable

S 035

S 035.00

Shipping Agent

15

S 036

S 036.10

Air-Conditioned Bus
Service

10

S 036.20

Air-Conditioned Launch
Service

S 036.30
S 037

VDS Applicable

Rate of VAT (%)


VDS * Applicable
2013-2014

S 040

VDS Applicable

VDS Applicable

For carrying petrol and


related goods

2.25

VDS Applicable

Others goods

4.5

VDS Applicable

S 049.00

Transport Fare or Renta-car

15

VDS Applicable

S 050.10

Architect, Interior
Designer or Interior
Decorator

15

VDS Applicable

S 050.20

Graphics Designer

15

VDS Applicable

S 051

S 051.00

Engineering firms

15

VDS Applicable

S 052

S 052.00

Sound and Lighting


Instruments Rent
Providers

15

VDS Applicable

10

S 053

S 053.00

Present at Board
Meeting

15

VDS Applicable

Air-Conditioned Railway
Service

10

S 054

S 054.00

Advertisement with
Satellite Channel

15

VDS Applicable

S 037.00

Procurement Provider

S 055

S 055.00

15

S 038

S 038.00

Organizer of Cultural
Program with Foreign
Performers

15

Land Sellers other than


Land Developers

S 056

S 056.00

Banking and nonbanking service provider

15

S 039

S 039.10

Satellite Cable Operators

15

S 057

S 057.00

Electricity Supplier

S 039.20

Satellite Channel
Distributors

15

S 058

S 058.00

Chartered Airplane
or Helicopter Rent
Providers

15

VDS Applicable

Continued
92

Service
Provider

Bangladesh Tax Handbook 2013-2014

VDS Applicable

Continued
Bangladesh Tax Handbook 2013-2014

93

Value Added Tax


Head #

Service
Code #

Value Added Tax


Service
Provider

Rate of VAT (%)


VDS * Applicable
2013-2014

S 059

S 059.00

Glass Sheet
Manufacturer

15

S 060

S 060.00

Buyer of Auction Goods

S 061

S 061.00

Credit Card Supplying


organization

S 062

S 062.00

S 063
S 064

Head #

Service
Code #

Service
Provider

Rate of VAT (%)


VDS * Applicable
2013-2014

S 075

S 075.00

Stock or Securities
Broker

15

15

S 076

S 076.00

Social and Sports


related Club

15

Money Changer

15

S 077

S 077.00

Tour Operator

15

S 063.00

Tailoring Shop

15

S 064.10

Amusement and Theme


Park

15

S 078

S 078.00

Sales Centre of RMG of


Own Brand

S 064.20

Picnic Spot and


Shooting spot

15

S 099

S 099.00

15

S 065

S 065.00

House, Floor &


Space Cleaning
and Maintenance
organization

15

VDS Applicable

S 066

S 066.00

Lottery ticket seller

15

VDS Applicable

Any services not


specified under SRO #
175-Ain/2011/598-Mushak
dated 09 June 2011,
Second Schedule and
section # 14 of VAT Act.
1991 will be taxed under
this code

S 067

S 067.00

Immigration Advisor

4.5

S 099.10

4.5

VDS Applicable

S 068

S 068.00

Coaching Centre

15

Information Technology
Enabled Services

S 069

S 069.00

English Medium School

4.5

S 099.20

Other services

15

VDS Applicable

S 070

S 070.10

Private University

15

S 099.30

Sponsorship Services

7.5

VDS Applicable

S 099.40

Meditation Services

7.5

S 070.20

Medical and Engineering


College

15

VDS Applicable

S 071

S 071.00

Event Organizer

15

VDS Applicable

S 072

S 072.00

Human Resource
Providers

15

VDS Applicable

S 073

S 073.00

Human Resource
Exporters

15

S 074

S 074.00

Rent of Office Space


or Building used for
Commercial Purpose **

Section 3 5(2) of SRO #


Advance Trade VAT
242-Ain/2012/659-Mushak
dated 28 June 2012

* VDS denotes VAT deduction at source.

** VAT is exempted on rent of office space upto 300 sft. and also on the rent for residential
purposes (SRO # 08 -Aain/2011/584-Mushak, Gezzette dated 10-01-2011)
Continued
94

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Bangladesh Tax Handbook 2013-2014

95

Value Added Tax

96

Gift Tax

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97

Gift Tax

98

Gift Tax

Bangladesh Tax Handbook 2013-2014

76.

Gift Tax

The gift tax is leviable on gift made in any financial year on and from the 1st day of July 1990
at the prescribed in the schedule [u/s-3]. Gift means the transfer by one person to another of
any existing immovable or moveable property made voluntarily and without consideration of
any money or moneys worth Sec 2 (d), The Gift Tax Act 1990;

The value of property under gift other than cash shall be the value which, in the opinion of the
Deputy Commissioner of Taxes, it would fetch if sold in the open market on the date of gift.
When a property is not saleable in the open market and its such value cannot be determined,
its value will be determined according to the rules prescribed for the purpose. Methods of
valuation of gift have been provided in the section 5 of the Gift Tax Act 1990.

77.

Exemption from Gift Tax [Section 4]

Gift tax shall not be charged under the Act in respect of the following gifts made by any
person:
1)

of property situated outside Bangladesh;

2)

to the Government or any local authority;

3)

to the following funds or institutions, for charitable purpose:


(i)

any University established under the law in force in Bangladesh or any


educational institution including polytechnic institute, recognized by the
Education Board or recognized or run by the Government;

(ii)

any hospital recognized or run by the Government or any local authority or


any hospital aided by the Government or any Local Authority;

(iii)

any flood or disaster management fund established or approved by the


Government;

(iv)

such institutions or funds for religious or charitable purposes, not being a


private religious institution or fund which does not ensure for the benefit of
the public, as are established in Bangladesh and approved by the Government
for such purposes or to any institution established for religious or charitable
purposes and registered under any law for the time being in force, upto 20% of
the total income determined for the concerned year or Tk. 100,000 whichever
is less;

4)

to dependent relative upto Tk. 20,000 on the occasion of his/her marriage;

5)

by way of payment of policy of insurance or annuity for any person (other than wife/
spouse) dependent upon him for support and maintenance upto Tk. 20,000;

6)

under a will;

Bangladesh Tax Handbook 2013-2014

99

Gift Tax

78.

Gift Tax

7)

under contemplation of death;

8)

to sons, daughters, father, mother, his or her spouse, own brothers and sisters;

In addition to the above exemptions, gifts made in any financial year up to value of Tk.
20,000 are exempt from gift tax. The Government may by notification exempt any class
of gift or any class of person from gift tax.

Provisions of the Gift Act shall NOT apply to following gifts made by [Section 20]
1)

a body corporate established or constituted by or under any law

2)

any institution or fund, income whereof is exempt from income tax under paragraph 1
and 2 of Part A of the Sixth Schedule of the Income Tax Ordinance 1984;

79.

Return of Gift Tax [Section 7]

Every person who had made taxable gift during any financial year of an amount as to render
him liable to gift tax under the gift tax act shall before the fifteenth day of September of the
corresponding assessment year furnish a return to the Deputy Commissioner of Taxes in the
prescribed form and in the prescribed manner. Tax on the basis of the return is payable on or
before the date on which such return is furnished.

80.

Rates of Gift Tax [Section 3]


Percentage

Particulars
(Slab Amount of Taxable Gifts)

100

Rate (%)

On the first Tk. 500,000 of the value of all taxable gifts

On the next Tk. 1,000,000 of the value of all taxable gifts

10

On the next Tk. 2,000,000 of the value of all taxable gifts

15

On the balance of the value of all taxable gifts

20

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Gift Tax

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