KPMG Taxation Handbook
KPMG Taxation Handbook
KPMG Taxation Handbook
Taxation Handbook
(Updated to Finance Act 2021)
September 2021
KPMG in Bangladesh Telephone +880 2 2222 86450-2
9 & 5 Mohakhali C/A Fax +880 2 2222 86449
Dhaka 1212, Bangladesh Email dhaka@kpmg.com
Internet www.kpmg.com/bd
KPMG in Bangladesh is represented by Rahman Rahman Huq, Chartered Accountants (RRH) and
KPMG Advisory Services Limited (KASL).
RRH was established in 1962 by Messrs Rezaur Rahman, M. Saifur Rahman and Tashfin I Huq, all
being members of the Institute of Chartered Accountants in England & Wales (ICAEW). Over the
years, this firm has built a formidable reputation for providing Audit, Tax and Advisory/Consulting
services to national and multinational businesses, public sector corporations and development
organisations. On 1 January 2006, we became a Member Firm of KPMG International, making us
the first “Big 4” Member Firm in Bangladesh. For about a decade prior to that, we were a
Representative Firm of KPMG International.
KPMG Advisory Services Limited was formed in 2019. Wholly owned and managed by partners of
RRH, KASL focuses on selected Advisory and non-regulated services. KASL is a Member Firm of
KPMG International.
Currently KPMG in Bangladesh has 5 active partners/directors. Operating from offices in Dhaka
and Chattogram, we employ over 400 professionals. KPMG in Bangladesh, the partners and
personnel who work for it and the processes under which we operate are governed not just by a
strict code of ethics, but also by an elaborate risk management structure. We have an IT wing
manned by professionals with the qualification and experience necessary to meet the diverse
needs of clients.
Our ambition is to continue to recruit some of the best talent entering this profession, train them in
an environment of technical and ethical excellence to meet the highest expectations of clients in
this age of continually evolving multi-dimensional challenges.
Table of Contents
1. Preface 1
2. Tax rates 2
2.1 Tax rates for individual, etc. 2
2.2 Corporate tax rates 4
2.3 Reduced rates of Corporate Tax applicable to certain industrial companies 5
2.4 Reduced tax rates applicable to local authority 5
2.5 Capital gains tax 6
2.6 Tax on dividend/remittance of profit 6
2.7 Tax on retained earnings (Section 16G) 7
2.8 Applicability of tax rates 7
2.9 Charge of additional tax (Section 16B) 7
2.10 Charge of tax on the difference of investment, import and export (Section 16H) 7
2.11 Filing of tax return (Section 75) 7
4. Corporate tax 17
4.1 Introduction 17
4.2 Resident 17
4.3 Permanent establishment 18
4.4 Taxable income 18
4.5 Income deemed to accrue or arise in Bangladesh 18
4.6 Income year 19
4.7 Allowable expense deductions as per the Income Tax Ordinance 1984 19
4.8 Tax depreciation 19
4.9 Allowable perquisites 20
4.10 Deductions not admissible in certain circumstances (Section 30) 20
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by i
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
4.11 Disallowance under section 30 is taxable even if the company is loss making or
under minimum tax (Section 30B) 21
4.12 Donations 21
4.13 Minimum tax (Section 82C) 22
4.14 Losses 25
4.15 Advance tax payment 25
4.16 Advance tax payment on certain income (Section 68A) 26
4.17 Annual tax return filing and tax payment 26
4.18 Return of withholding tax 26
4.19 Annual Information Return 26
4.20 Concurrent jurisdiction 27
4.21 Assessment 27
4.22 Universal self-assessment scheme 27
4.23 Appeals 27
4.24 Submission of certain returns 28
4.25 Power of search and seizure 28
4.26 Freezing of property 28
5. Tax incentives 29
5.1 Special Economic Zones and Developing Unit 29
5.2 Hi-Tech Park Zone 30
5.3 Partial tax exemption for newly established undertaking 31
5.4 Partial tax exemption for newly established physical Infrastructure facility (Section
46CC) 33
5.5 Tax exemption for Public Private Partnership (PPP) Project 34
5.6 Income from exports 35
5.7 Export Processing Zones 35
5.8 Income from the business of software development or Nationwide
Telecommunication Transmission Network (NTTN) and information technology
enabled services (ITES) 35
5.9 Exemption of capital gains tax from sale of shares of listed companies for non-
resident (Sixth Schedule, Part-A, Para-43) 36
5.10 Exemption of income from Cinema Hall or Cineplex 36
5.11 Exemption of income from production of rice bran oil 37
5.12 Income from production of corn, maize or sugar beet 38
5.13 Exemption from income of export of handicrafts 41
5.14 Income derived from any SME 41
5.15 Donation to any fund established by “Trust of Prime Minister Education Assistance
Act 2012” 41
5.16 Incentives for private sector power generation companies (other than coal based) 41
5.17 Incentives for private sector power generation companies (other than coal based) 41
5.18 Incentives for private sector power generation companies (coal based) 42
5.19 Exemption/reduced tax rate is not allowed in case of failure to file the return within
stipulated time 42
5.20 Agricultural income 42
5.21 Interest on pensioners’ savings certificate 42
5.22 Foreign income by individuals 42
5.23 Dividend income 43
5.24 Gratuity income 43
5.25 Workers Profit Participation Fund income 43
5.26 Certain bond income 43
5.27 Donation to girls’ school/college 43
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by ii
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
7. Voluntary disclosure 48
8. Transfer pricing 49
9. Others 50
9.1 Stay of proceeding in case of pending appeal or reference at Appellate Tribunal or
High Court Division 50
9.2 Decision of ADR 50
9.3 Notice, assessment order and tax form delivered as per section 174 50
9.4 Inclusion of amortisation in Third Schedule 50
9.5 Computation of income of contractor, etc., of an oil company residing out of
Bangladesh (Rule 39) 51
9.6 Tax calendar for company 51
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by iii
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
1. Preface
We have prepared this booklet for the guidance of our clients and contacts. This booklet
incorporates many of the important provisions of the Income Tax Ordinance 1984 as
amended up to the Finance Act 2021 and major changes brought in by the Finance Act
2021 in respect of the Value Added Tax and Supplementary Duty Act 2012 and Rules 2016.
The information contained in this booklet is of a general nature and is not intended to
address the circumstances of any particular individual or entity. Although we endeavour to
provide accurate information at the time of preparation, there can of course be no assurance
that such information would continue to be accurate in the future. No one should act on such
information without appropriate professional advice given after an examination of the
particular circumstances. This booklet contains selected aspects of Bangladesh tax
provisions and is not intended to be comprehensive.
Adeeb H. Khan
Senior Partner
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 1
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
2. Tax rates
2.1 Tax rates for individual, etc.
Tax is not payable by tax residents on income below Taka 300,000 (for men). The following
tax rates are applicable to resident individual, Hindu undivided family, partnership firm and
non-resident Bangladeshi:
Non-residents
Non-residents other than Bangladeshi non-residents shall pay tax on the total income at the
rate of 30%.
Dividend income
Dividend income received by an individual assessee from companies listed with either/both
exchange(s) in Bangladesh is exempted from tax up to Taka 50,000.
Charge of surcharge
Surcharge is payable by an individual assessee on total tax payable if the total net worth of
the assessee exceeds Taka 30 million in the following manner:
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 2
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
If an individual is the owner of a small or cottage industry situated in a less or least developed
area, is engaged in manufacturing of products and derives income from such industries then
he will be entitled to a rebate on income derived from such industries at the following rates:
Tax payable at the time of registration or renewal of fitness certificate in the form of advance
income tax for motor vehicles is:
Such advance income tax shall not be collected from government, local government, any
project under government, foreign diplomat, development partner, an educational institute
under MPO, public university, gazetted war-wounded freedom fighter and any institute
which has received a relevant letter from NBR.
If any assessee owns more than one motor vehicle self or jointly, then advance income tax
will be 50% higher for every additional vehicle’s registration. This shall be treated as
advance payment of tax of the assessee. Moreover, such advance tax shall not be
refundable.
In case of registration or fitness renewal of motor car for more than one-year, advance
income tax shall be collected on or before 30 June in every subsequent year.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 3
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
If any person failed to pay advance tax, aggregate amount i.e. amount of advance income
tax not paid in previous year or years plus amount of advance income tax payable for current
year will need to be paid.
The rates of tax applicable to companies, banks, insurance and other financial institutions:
Companies Rate
Publicly traded companies i.e. companies listed with any stock exchange in 22.5%
Bangladesh other than banks, insurance companies, merchant banks and other
financial institutions and jute, textile, garment industries, mobile phone operator
companies and cigarette, zarda, bidi, gul or any other tobacco product
manufacturing companies.
However, rebate on income from export business shall not apply to companies
who are enjoying tax exemption or paying tax at the reduced rates as
mentioned in 2.3.]
Banks, insurance and other financial institutions (except merchant banks) if not 40%
publicly listed
Banks, insurance and other financial institutions (except merchant banks) if 37.5%
publicly listed
Merchant banks 37.5%
Cigarette, zarda, bidi, gul or any other tobacco product manufacturing 45%
companies (companies, firms and individuals) irrespective of listing status
[If mobile phone operator companies list at least 20% of their paid-up capital
through IPO, they shall receive a rebate of 10% in the year of listing.
Association of persons, any artificial judicial person created by law and other 30%
taxable entities
Cooperative societies registered under Cooperative Society Act, 2001 15%
Private universities, Private medical college, Private dental college, Private 15%
engineering college or Private college engaged in imparting education on
information technology
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 4
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
However, 5% additional tax will be charged from 1 July 2021 if disabled persons are not
provided with proper arrangement for movement at the place of service by school, college,
university and NGO.
On the other hand, 5% tax rebate will be allowed if at least 10% of total employees constitute
disabled person and another rebate of 5% of tax or 75% of salary to third gender employees,
whichever is lower, will be allowed for employing person of third gender amounting to 100
persons or 10% of total employees.
25% reduced tax rate will be applicable for following local bodies:
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 5
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
Capital gain from transfer of stocks and shares of public limited companies listed with stock
exchange except listed Govt. securities:
Capital gains tax on sale of stocks and shares of public limited companies listed with stock
exchange in respect of resident individual assessee shall be exempt from tax unless such
residents fall in categories (c) and (d) of above.
2.5.2 Capital gains tax other than sale of shares of listed companies
In the case of a company, income from capital gains will be separated from total income
and tax at 15% is payable on such capital gains regardless of the period of holding of the
asset from the date of its acquisition.
In the case of an assessee other than a company, if the asset is transferred before the
expiry of five years from the date of acquisition, the capital gains will be taxed at the usual
rate applicable to the assessee’s total income including the capital gains. If the asset is
transferred at any time after expiry of five years from the date of its acquisition, the capital
gains will be taxed at the usual rate applicable to the assessee’s total income including the
capital gains or at the rate of 15% on the amount of capital gains whichever of the two is
lower.
Capital gain from transfer of business or undertaking shall be taxable at the rate of 15%
during the year when transfer takes place.
If stock dividend declared or distributed by a listed company exceeds the cash dividend in
any income year, 10% tax on the whole amount of stock dividend will be applicable. Such
tax cannot be adjusted with any other tax liability of the company. The provision is also
applicable if any cash dividend is not declared or distributed in the income year.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 6
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
A branch company shall withhold tax at the rate of 20% while remitting profit to Head Office.
Further, any distribution from mutual fund or alternative investment fund would be subject
to tax like dividend declared by a company.
If listed company transfers more than 70% of its net profit/income after tax to retained
earnings or any fund, reserve or surplus in an income year, it shall have to pay tax at the
rate of 10% on the total amount transferred. Such tax cannot be adjusted with any other tax
liability of the company.
All rates quoted from 2.1 to 2.7 will apply for the assessment year 2021-2022, unless stated
otherwise.
Additional tax will be charged to the employer who employs or allows an individual not being
a Bangladeshi citizen to work at their business or profession without prior approval of
Bangladesh Investment Development Authority (BIDA) or any other competent Government
authority. This additional tax is higher of 50% of the tax payable on his income or Taka
500,000.
2.10 Charge of tax on the difference of investment, import and export (Section 16H)
a) Additional tax will be charged to the assessee on the difference between the amount
of import or export as declared in submitted statements and the actual amount paid for
import or received from export, respectively. The additional tax will be 50% of the
difference amount from the actual transaction value irrespective of higher or lower
amount.
b) Additional tax will be charged to the assessee on the difference between the amount
of investment as declared in the submitted statements and the actual amount of
investment made. The additional tax will be 50% of the difference amount if the actual
amount of investment is found to be lower than the amount of investment disclosed in
the statement.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 7
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 8
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
In general, Bangladesh residents are taxed on their worldwide income. Non-residents are
taxed on income earned in Bangladesh irrespective of where the payment is made.
There is no provision for married couples to file joint returns. Returns are to be filed by 30
November for the income year ending 30 June.
Individuals may file returns under universal self-assessment scheme, but the assessing
officers have discretion to scrutinise the returns.
Where total income exceeds Taka 600,000 during the income year for any individual, he is
required to pay advance tax as either 100% of last assessed tax or 75% of current estimated
income tax and pay the outstanding tax (if any) at the time of filing the return. Tax on an
employee’s salary is required to be withheld on a monthly basis by the employer.
3.2 Resident
Taxable income is the total income earned from all sources, excluding exempt income.
Foreign sourced income of a resident is included in his/her taxable income. For non-
residents, only Bangladesh sourced income is included in his/her taxable income.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 9
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 10
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
▪ Board may direct any person having a TIN to furnish such information or documents for
the purpose of re-registration and thereafter issue a new twelve-digit Taxpayer’s
Identification Number.
Temporary Registration Number (TRN) may be given to a person who has been found
having taxable income in any year and has failed to apply for Taxpayer's Identification
Number (TIN) under section 184B.
Upon receipt of an income tax return, the DCT shall compute the total income after making
necessary adjustments of any arithmetical accuracy and incorrect claim. He shall determine
tax liability taking into account of refundable tax claimed including any tax deducted at
source, any tax collected at source and any advance tax paid.
After processing the submitted tax return, the DCT shall send a notice to the assessee
communicating the difference of computation of income, tax, refund or other related
particulars with opportunity to justify his position in writing and to file an amended return
specifying time limit in the notice. If the assessee files an amended return properly, the DCT
shall send a letter of acceptance within 90 days. In case the assessee does not respond to
the notice, the DCT shall send a demand notice within 9 months specifying total income and
tax payable or refundable.
After filing the return, if the assessee finds any unintentional mistake resulting in less tax
liability has been paid or computed, he may file an amended return with a written statement
mentioning the reason and paying tax in accordance with the amended return. An interest
at the rate of 2% will be applicable for the tax that was paid or computed less. However,
amended tax return cannot be filed after the expiry of 180 days from the date of the filing
the original return or after the original return has been selected for audit.
A return of income filed under universal self-assessment shall not be selected for audit
where such return except the return of income of a financial institution shows at least 15%
higher income than the income assessed or shown in the return of immediately preceding
assessment year and such return:
— is accompanied by corroborative evidence in support of any income exempted from tax;
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 11
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
No question regarding the source of investment shall be raised, if a new assessee shows
income of at least 20% of the capital invested in a business or profession and shows income
which exceeds the tax exemption threshold. However, the initial capital investment or any
fraction thereof shall not be transferred within five years from the end of the income year.
Time limitation for disposal of universal self-assessment cases is two years from the end of
assessment year in which the income was first assessable.
3.8 Submission of Statement of Assets and Liabilities and Lifestyle (Section 80)
2. Every individual assessee can voluntarily submit assets and liabilities statements.
3. Non-resident Bangladeshi and non-Bangladeshi shall submit the assets and liabilities
statements only in respect of assets located in Bangladesh.
4. Every individual assessee, whose total income exceeds Taka 400,000 shall submit a
statement of expenses relating to lifestyle.
An assessee shall be entitled to a rebate from the amount of tax payable if he/she invests
during the income year in the following items, namely:
a) life insurance premium
b) contribution to approved Provident Fund (both by the employee and employer)
c) contribution to deposit pension scheme amounting to not exceeding Taka 60,000
sponsored by a scheduled bank or a financial institution
d) donation to a national level institution set up in memory of the “Liberation War”
e) donation to a national level institution set up in memory of “Father of the Nation”
f) donation to Prime Minister’s Higher Education Fund
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 12
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
Items of deemed incomes are contained in section 19 of the Income Tax Ordinance 1984.
Major instances of deemed income are discussed below:
▪ House rent
If rent free accommodation is provided to the employee, the rental value or 25% of the
basic salary, whichever is less, is included in income. If accommodation is provided at
a concessional rate, the actual payment by employee is excluded from the above. Tax
exempted house rent receivable in cash is Taka 25,000 per month or 50% of basic
salary, whichever is lower.
▪ Conveyance allowance
Tax exempt conveyance allowance receivable in cash is a maximum of Taka 30,000
per annum. If the employer provides conveyance for personal or private use, an amount
equal to 5% of the employee’s basic salary or Taka 60,000, whichever is higher, is
added with total income.
▪ Loan
Any amount of loan or gift exceeding Taka 500,000 received other than through bank
transfer by an assessee, being an individual, shall be treated as income under the head
‘Income from Other Sources’ in the year it was received.
Bank transfer refers to transfer from the account of the giver to the account of the
receiver and such accounts are maintained in a bank or a financial institution legally
authorised to operate accounts.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 13
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
▪ Medical expenses:
In case of an employee being a person with disability, the medical expense exceeding
Taka 1,000,000 shall be include in his total income.
No question will be raised over the source of fund of certain previously undisclosed
investments in land, building, cash and savings instrument if an individual assessee pays
before the submission of return or revised return of income during the period between the 1
July 2021 and 30 June 2022 (both days inclusive), tax at the rates specified in the following
tables:
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 14
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
This opportunity will not apply if any proceeding has been initiated under any other law on
or before the day of submission of return or revised return.
3.12.3 New industrial undertaking - Special Tax treatment in respect of investment (Section
19AAAAAA)
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 15
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
The rates will be 20% higher if the assessee makes investment in two or more
buildings/apartments or already has any building or apartment in any City Corporation.
Furthermore, the rate of tax will be 100% higher if for the income:
(a) notice has been issued before submission of return for concealment or escaped
assessment;
(b) notice has been issued before submission of return to furnish information; and
(c) proceeding has been initiated before submission of return for any noncompliance or
providing false statement or false information.
However, the above will not be applicable rather under section 164, 165 and 166 if the
source of income is:
3.13 Imposition of tax on income of chamber of commerce and industry, trade federation
or any such business organisation
Any income derived from any source other than income from business, and interest income
of government approved chambers of commerce and industry, trade federation, industry
and trade cooperative etc. shall not fall under scope of tax liability.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 16
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
4. Corporate tax
4.1 Introduction
Company means a company incorporated under the Companies Act in Bangladesh and
includes:
*Tax Day means in case of company the 15th day of the seventh month following the end of
the income year or 15th September following the end of the income year where said 15th
day falls before the 15th September.
Example:
4.2 Resident
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 17
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
Tax is imposed on total income from all sources after taking deduction for allowable
expenses. Sales revenue, fees, commissions, realised exchange gains, rents, dividends
and interest received, provisions and trading liabilities not paid within three years as well as
inadmissible expenses are included in taxable income. All expenses, including realised
exchange losses and tax depreciation incurred in earning such income are allowable as
deductions.
Where a company not listed with a stock exchange, receives its paid up capital by issuing
shares in an income year, the amount so received in any mode other than by crossed
cheque or bank transfer, shall be deemed to be the income of the company from ‘Income
from Other Sources’ for that income year. However, capital contribution through land
transfer (non-cash contribution) is acceptable.
Any income from the below sources will be considered within the scope of total income of
an assessee:
(a) income from any permanent establishment in Bangladesh;
(b) income from any property, asset, right or other source of income, including intangible
property, in Bangladesh;
(c) income from any transfer of any assets situated in Bangladesh;
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 18
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
(d) income from any sale of any goods or services by any electronic means to purchasers
in Bangladesh; and
(e) income from any intangible property used in Bangladesh.
(a) the shares of any company which is a resident in Bangladesh shall be deemed to be
property in Bangladesh;
(b) intangible property shall be deemed to be property in Bangladesh if it is
- registered in Bangladesh; or
- owned by a person that is not a resident of Bangladesh but has a permanent
establishment in Bangladesh to which the intangible property is attributed;
(c) transfer of shares of non-resident company will be treated as transfer of asset in
Bangladesh to the extent it is attributable to the value of any assets in Bangladesh.
Entities other than banks, insurance companies or financial institution (and subsidiaries
thereof) are required to have their accounting year, for tax filing purposes, as July to June.
Banks, insurance companies or financial institution (and subsidiaries thereof) are required
to have their accounting year, for tax filing purposes, as January to December.
DCT may allow a different financial year for an entity which is a subsidiary or holding
company or a branch or liaison office of a parent company incorporated outside Bangladesh
if such entity is required to follow a different accounting year for the purpose of consolidation.
4.7 Allowable expense deductions as per the Income Tax Ordinance 1984
All expenses relating to the business operations of a company and incurred during the
relevant income year are allowed as deductions. The cost of free samples and
entertainment expenses are allowed as deductions at prescribed rates based on turnover
and profit respectively or on the actual amounts, whichever are lower. Provision for bad
debts is not allowed.
Specific provisions for accrued expenses in the relevant income year are allowed as
deductions. Prepaid expenses can be carried forward and allowed as a deduction in the
relevant accounting year.
Liabilities for expenses which remain unpaid for three years after the income year in which
they were accrued are added with the total income in the fourth year. However, the liability
amount would be allowed as a deduction in the year when the payments are made.
Tax depreciation on fixed assets of the company (except on cost of land) is allowed at
prescribed rates as per Third Schedule of the Income Tax Ordinance 1984.
There will be no limit for allowing tax depreciation of a bus or minibus transporting the
students and teachers in case of educational institute or employees of the business or
profession.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 19
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
Amortisation of license fee is now allowed as an admissible expense for any company
engaged in providing specialised services, if such licence is integral to the operation of the
company.
Perquisite means -
(i) Any payment made to an employee by an employer in the form of cash or in any other
form excluding basic salary, festival bonus, incentive bonus, arrear salary, advance
salary, leave encashment and overtime, and
Provided that the provision of this clause shall not be applicable to an employer where
perquisites were paid to an employee in pursuance of any Government decision published
in the official Gazette to implement the recommendation of a Wage Board Constituted by
the Government.
Limit of allowable perquisites has been fixed at Taka 550,000 per employee. The value of
perquisites paid/provided to an employee in excess of Taka 550,000 in an assessment year
shall be disallowed in company's assessment.
Certain payments are not allowable for tax purposes as detailed below:
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(ix) Any expenditure by way of incentive bonus exceeding 10% in aggregate of the net
profit disclosed in the statement of accounts;
(x) Any expenditure by way of overseas travelling exceeding 0.50% of the disclosed
business turnover;
(xi) any payment by way of commission paid or discount made to its shareholder director
by a company;
(xii) any payment by a person exceeding Taka 50,000 or more, otherwise than by bank
transfer excluding
- salary or remuneration made to any employee, without prejudice to an obligation
referred to in clause (vii);
- payment for the purchase of raw materials;
- any payment for government obligation i.e. municipal tax, payment for electricity,
WASA and gas.
(xiii) any payment by way of any rent of any property, whether used for commercial or
residential purposes, otherwise than by a bank transfer; and
(xiv) Any expenditure by way of promotional expenses exceeding 0.50% of the disclosed
turnover. Promotional expense is defined as “any expenditure incurred for giving any
benefits to any person both in cash and non-cash for the purpose of business
promotion.
“Bank transfer” include transfer of money by crossed cheque, mobile financial services or
any other digital means approved by the Bangladesh Bank.
Provisions of section 30 shall apply for insurance business as well in allowing management
expenses or any other expenses under Fourth Schedule of tax ordinance.
4.11 Disallowance under section 30 is taxable even if the company is loss making or under
minimum tax (Section 30B)
Any expenses disallowed under section 30 shall be treated separately as “Income from
Business or Profession” and the tax shall be payable thereon at the regular rate. It is
applicable irrespective of 82C business and any loss or profit computed under regular
“Income from Business or Profession”.
4.12 Donations
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▪ withholding tax on certain sources of income (refer to section 4.13.1 below); and
▪ minimum tax calculated on the basis of overall gross receipts regardless of sources of
income (refer to section 4.13.2 below).
As per new 82C minimum tax, sources of income have been divided into three broad
categories for tax computation purpose considering the concept of minimum tax.
a) Tax deducted or collected at source would be minimum tax for 25 sources of income
as follows:
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Income from above sources will firstly be computed on regular basis as per provision
of ITO 1984 and the assessee’s regular income tax rate would be applied on such
taxable income. If such regular tax liability is higher than the withholding tax deducted
from these sources of income, the regular tax liability would be payable after adjusting
withholding tax deducted at source.
However, if regular tax liability of those sources is lower or nil compared to withholding
tax on those sources, such withholding tax on those sources would be considered as
final and minimum tax for those sources of income. In such case, if those sources of
income have taxable loss, such loss cannot be set off against the income of other
sources of income and vice-versa.
Also note that tax deducted/collected from the following sources shall not be the
minimum tax for the purpose of above calculation:
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ii) tax deducted under section 53 from import of goods by an industrial undertaking
except an industrial undertaking engaged in producing cement, iron, or iron
product, ferro alloy product, perfume and toilet waters as raw materials for its own
consumption.
b) Withholding tax deducted from the following 6 sources of income will be considered
as final tax liability considering the rate of withholding tax would be their applicable
tax rate:
c) For any other sources of income except those mentioned in (a) and (b) above, income
would be determined following the provisions of ITO 1984.
Every companies and firms (having gross receipts of more than Taka 5 million) and
individuals (having gross receipts of more than Taka 30 million) shall be liable to pay
minimum tax based on gross receipts as mentioned below:
If an assessee has income from any source that is exempt of tax or is subject to reduced
tax rate, the minimum tax rate on gross receipts shall be computed as a summation of:
i) Minimum tax based on gross receipts from regular sources by applying the rate as
mentioned in the above table.
ii) Minimum tax based on gross receipts from sources which enjoys exemption or reduced
tax rate by applying the rate in the above table as reduced in proportion to the
exemption of tax or the reduction of rate of tax.
iii) Minimum tax shall be the aggregate of the amounts calculated above.
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▪ Books of accounts shall be maintained in the regular manner in accordance with the
provisions of section 35 of ITO 1984 for the sources of income for which minimum tax
is applicable.
▪ Minimum tax under section 82C shall not be refunded, nor shall be adjusted against
refund due for earlier year or years or refund due for the assessment year from any
source.
▪ Where any surcharge, additional interest, additional amount etc. is payable under
provisions of ITO 1984, it shall be payable in addition to the minimum tax.
▪ Where the regular tax calculated for any assessment year is higher than the minimum
tax under section 82C, regular tax shall be payable.
▪ Where tax has been mistakenly deducted and collected in excess or deficit of the proper
due amount, minimum tax under this section shall be computed based on the proper
due amount of deduction or collection and provisions of this section shall apply
accordingly.
4.14 Losses
Losses can be carried forward for a maximum period of six years but cannot be carried back.
Unabsorbed tax depreciation can be carried forward indefinitely.
Foreign sourced losses of a Bangladesh entity cannot be offset against the Bangladesh
profits of that entity. Moreover, any losses of any head of income cannot be set off against
any income from manufacturing of cigarette, bidi, zarda, chewing tobacco, gul, or any other
smokeless tobacco products.
Any loss in respect of any speculation business or any loss under the head capital gains
shall be set off only against any income in respect of speculation business or any income
under the head capital gains.
Any loss from any source, income of which is exempted from tax or income of which is taxed
at a reduced rate, shall not be set off against any income from any source.
As with trading losses, unabsorbed capital losses can only be carried forward for up to six
years.
Losses of association of person (AoP) will only be set-off against income of AoP. Members
of AoP cannot carry forward and set-off losses of AoP against their income.
Advance tax payment is required by an assessee on the basis of their last assessed income
or provisionally assessed income if their total income exceeds Taka 600,000. New
assessees will also be required to pay advance tax if their estimated income is likely to
exceed Taka 600,000. Here, total income excludes agricultural income and capital gain
except gain from transfer of share of a company listed with a stock exchange.
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In case of failing to pay advance tax, simple interest at the rate of 10% per annum shall be
charged on the amount by which the tax as so paid falls short of 75% of the assessed tax.
However, such interest rate will be 50% higher if the return is not filed on or before the Tax
Day.
Manufacturer of cigarettes shall pay advance tax at the rate 3% on net sales price every
month in addition with quarterly advance tax payment. However, such tax shall be
adjustable against the quarterly advance tax.
For such advance tax purpose, net sales shall be A-B. Where, A = Gross sales and B = VAT
and SD (if any) on such gross sales.
Filing of tax return within due date and payment of due taxes have been made compulsory
for any organisation who has obtained a Taxpayers Identification Number (TIN). It is also
compulsory for all companies, businesses and professional firms, joint ventures, all
registered NGOs, universities and educational institutions run commercially to file tax
returns and pay taxes within due dates. For the list of tax return filing, please see section
2.11.
Submission of computation sheet along with audited statement of accounts has been made
mandatory showing how the income has been arrived in the tax return.
Every person shall file return of withholding tax collected or deducted on a semi-annual
basis accompanied by withholding statement along with copy of treasury challans or
payment orders.
i) First return: by 31 January of the year for the periods from July to December; and
ii) Second return: by 31 July of the year for the periods from January to June.
The time for submission of such return may be extended by DCT upon application for
maximum 15 days. For failure of filing such return, penalty as per section 124 will be
imposed. The DCT, with the approval of the Commissioner, shall select the number of
returns of withholding tax within four years from the end of the year in which the return is
filed.
DCT after examining the withholding tax return may impose penalty under sections 57, 57A
and 124 for any non-compliance regarding deduction of withholding tax appropriately.
Government may require any person or group of persons responsible for registering or
maintaining books of accounts or other documents containing a record of any specified
financial transaction to furnish an Annual Information Return in a prescribed form.
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Board may direct any other authority to exercise concurrently the power and functions of
DCT in respect of all or any proceeding relating to receiving of return of income and issuance
of acknowledgement.
4.21 Assessment
Any tax assessment should not be opened after the below mentioned years:
▪ 2 years from the end of the assessment year where the income was first assessment
been done through audit as per section 82BB;
▪ 3 years from the end of the relevant assessment year where first assessment been done
in case of transfer pricing as per section 107C; and
▪ 6 months from the end of the assessment year in cases other than above.
4.23 Appeals
An assessee who feels aggrieved may file an appeal against the order to the Commissioner
of Taxes (Appeal) and against the order of the Commissioner of Taxes (Appeal) to the Taxes
Appellate Tribunal. An assessee can file appeal against the order of the Taxes Appellate
Tribunal only on the point of law to the Supreme Court – High Court Division. An appeal can
further be filed to the Appellate Division, if High Court Division allows for such appeal.
The first appeal before the Commissioner of Taxes (Appeal) shall have to filed within 45
days from the date of receiving of assessment order. The time limit for second appeal is 60
days from the date of receiving of first appeal order. The first and second appeal shall be
disposed of by the appellate authority within 150 days and 180 days respectively from the
end of the month at which the appeal was filed.
Where the return of income was not filed, no appeal shall lie against any order of
assessment under the section 153(4), unless the assessee has paid 10% of the tax as
determined by the DCT.
An assessee can file appeal against the order of the Taxes Appellate Tribunal only in the
area of law to the High Court Division of Supreme Court within 90 days from the date of
receiving tribunal order. If the assessee is aggrieved with the decision of High Court Division,
he may appeal to the Appellate Division of Supreme Court. There is no time limit for disposal
of appeal to Supreme Court.
No appeal shall be filed to the Appellate Tribunal unless the assessee has paid 10% of the
amount representing the difference between the tax as determined on the basis of the order
of the Appellate Joint Commissioner or Commissioner of Taxes (Appeals) and the tax
payable under section 74.
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Provided that the Commissioner of Taxes (Appeals) may reduce the requirement of such
payment upon application by the assessee if the grounds of such application appear
reasonable to him and shall pass such order in this regard as he thinks fit within thirty days
from date of the receipt of such application.
No reference shall lie to the High Court Division against an order of the Taxes Appellate
Tribunal unless the assessee has paid the following tax at the rate of –
a) 15% of the difference between the tax determined by the Appellate Tribunal and the tax
payable as per section 74 where tax demanded does not exceed Taka 1 million.
b) 25% of the difference between the tax determined by the Appellate Tribunal and the tax
payable as per section 74 where tax demanded exceeds Taka 1 million.
Companies are required to submit the following returns to the DCT before the first day of
September each year:
With the publication in official gazette of SRO 161 of 2014, transfer pricing chapter has
become effective from 1 July 2014 (Please refer to Section 8) which also require following
particulars of international transactions to be furnished along with income tax return:
Under section 117 of the Income Tax Ordinance 1984, an officer may extract data, or any
inputs stored in the electronic system or enter system by breaking through password
protection or analyse data, books of accounts, etc.
Director General, Central Intelligence Cell or the Commissioner or the DCT, by order in
writing, may require a person not to remove assets upon receiving definite information on
concealment of person’s income/investment.
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5. Tax incentives
5.1 Special Economic Zones and Developing Unit
In the year 2015, Government has introduced tax exemption for investment in setting up
industries in Special Economic Zones (SEZ) and Developing Unit in SEZ. These are
illustrated in below sections:
Furthermore, “capital gains” arising from transfer of share capital, royalty, technical
know-how and technical assistance fee paid by such company and declared dividend
are exempted from income tax for next 10 years from the date of commercial operation.
Above exemptions are subject to the following condition being met by the Project
Company:
(i) Existing industrial unit of any company situated outside the economic zone shall
not be relocated in the zone;
(ii) No used plant and machinery can be set up in investment unit which has already
been used in production of goods or services in Bangladesh;
(iii) Separate trading account and bank account shall be maintained for investment
units of same company situated inside and outside of economic zone;
(iv) All the inter-unit transaction between investment units situated inside and outside
of economic zone shall be reported in income tax return; and
(v) Accounts shall be maintained as per section 35 and income tax return shall be
submitted as per section 75, 75A, 108 and 108A of ITO 1984.
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The foreign technicians appointed in investing unit will get 50% tax exemption for next
3 years from the date of appointment subject to such company does not cross 5 years
from the date of commercial operation i.e. the company who has crossed 5 years from
the date of commercial production, their foreign technicians can not avail this benefit.
Both the above exemptions are subject to the following condition being met by the
Project Company/foreign technicians:
The government has introduced “Bangladesh Hi-Tech Park Authority Act, 2010” (BHTPA)
for the development of the country. It is not limited for exporters only. The legislation has
specified the meaning of high-tech industry. As per section 2(12) of Bangladesh Hi-Tech
Park Authority Act, 2010-
“Hi-tech Industry means knowledge and capital based eco-friendly and information
technology (IT), software technology, bio-technology renewable energy, green
technology, hardware, information Technology Enabled Services (ITES) and Research
and Development (R&D) related industry.”
The business income is exempted from Income tax for next 10 years from the date of
commercial operation in the following manner:
Moreover, capital gains arising from transfer of share capital and declared dividend paid
by such company are 100% exempted and royalty, technical Know-how and technical
assistance fee paid by such company are 50% exempted from income tax for next 10
years from the date of commercial operation.
The foreign technicians appointed in investing unit will get 50% tax exemption for next
3 years from the date of appointment subject to such company does not cross 5 years
from the date of commercial operation i.e. the company who has crossed 5 years from
the date of commercial production, their foreign technicians can not avail this benefit.
Both the above exemptions are subject to the following condition being met by the
Project Company / foreign technicians:
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Moreover, declared dividend is exempted from income tax for next 10 years from the
date of commercial operation.
Please note that, the above exemptions are subject to the following condition being met
by the project company:
However, no question shall be raised to the source of any sum invested within the period
between 1 July 2019 and 30 June 2024 (both days inclusive) by a company in any
economic zone or any hi-tech park, if 10% of invested amount is paid as tax before filing
of the tax return.
5.3 Partial tax exemption for newly established industrial undertaking (Section 46BB)
Qualifying industrial undertaking set up between 1 July 2019 and 30 June 2024 and going
into commercial production/operation within those dates will be entitled to apply for granting
tax exemption. The exemption structure is as follows:
Industrial undertaking
Year Exemption
Area
(% of income)
Dhaka, Mymensingh and Chattogram Divisions 1st year 90%
excluding Dhaka, Narayanganj, Gazipur, 2nd year 80%
Chattogram, Rangamati, Bandarban and 3rd year 60%
Khagrachari Districts 4th year 40%
5th year 20%
Rajshahi, Khulna, Sylhet, Barisal and Rangpur 1 and 2nd year
st 90%
divisions (excluding City Corporation area) and 3rd year 80%
Rangamati, Bandarban and Khagrachari Districts 4th year 70%
5th year 60%
6th year 50%
7th year 40%
8th year 30%
9th year 20%
10th year 10%
“Bio-fertilizer” and “computer hardware” production industry shall be entitled to partial tax
exemption for 10 years even if it is set up in the districts of Dhaka, Gazipur, Narayanganj or
Chattogram.
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Industrial undertaking does not include expansion of an existing undertaking for the purpose
of this section. In other words, expansion units will not qualify for tax exemption. The
following undertakings and facilities only will qualify for tax exemption:
b) Only those profits and gains of the mentioned industry shall qualify for tax exemption
which is within the purview of section 28.
c) The newly established undertaking is required to ensure that their paid up capital is not
less than Taka 2 million and 30% of the income exempted is invested in the said
undertaking or in any new industrial undertakings during the period of exemption or
within one year from the end of the period to which the exemption under that sub-section
relates. In addition another 10% of the income exempted is invested in each year before
the expiry of three months from the end of the income year in the purchase of shares of
a company listed with any stock exchanges in Bangladesh, failing which the income so
exempted shall, notwithstanding the provisions of Income Tax Ordinance 1984, be
subject to tax in the assessment year in which the undertaking failed to comply with the
provision and an individual not being a Bangladeshi citizen is employed or allowed to
work without prior approval of BIDA or any competent Government authority.
Provided that the quantum of investment referred to in this clause shall be reduced by
the amount of dividend, if any, declared by the company enjoying tax exemption under
this section.
d) The undertaking has to apply in prescribed form for approval within six months from the
end of the month of commencement of commercial production and be approved by the
Board for this purpose.
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5.4 Partial tax exemption for newly established physical infrastructure facility (Section
46CC)
Qualifying physical Infrastructure set up between 1 July 2019 and 30 June 2024 and going
into commercial production/operation within those dates will be entitled to apply for granting
tax exemption. Tax exemption of different proportions will now be granted for 10 years if the
said physical undertakings are set up in any area of Bangladesh.
an industry engaged in the production of deep sea port; elevated expressway; export
processing zone; flyover; gas pipe line; Hi-tech park; Information and Communication
Technology (ICT) village or software technology zone; Information Technology (IT)
park; large water treatment plant and supply through pipe line; Liquefied Natural Gas
(LNG) terminal and transmission line; mobile phone tower or tower sharing
infrastructure; mono-rail; rapid transit; renewable energy (e.g. solar energy plant,
windmill); sea or river port; toll road or bridge; underground rail; waste treatment plant;
or any other category of physical infrastructure facility as the Government may, by
notification in the official Gazette, specify.
▪ Only those profits and gains of the said industry shall qualify for tax exemption which is
within the purview of Income from business or profession under section 28 of the Income
Tax Ordinance, 1984.
▪ The newly established undertaking is required to ensure that their subscribed and paid
up capital is not less than Taka 2 million and 30% of the income exempted is invested
in the said undertaking or in any new industrial undertakings during the period of
exemption or within one year from the end of the period to which the exemption under
that sub-section relates to. In addition another 10% of the income exempted ) is required
to be invested in each year before the expiry of three months from the end of the income
year in the purchase of shares of a company listed with any stock exchanges in
Bangladesh, failing which the income so exempted shall, notwithstanding the provisions
of this Income Tax Ordinance 1984, be subject to tax in the assessment year in which
the undertaking failed to comply with the provision or an individual not being a
Bangladeshi citizen is employed or allowed to work without prior approval of BIDA or
any competent Government authority.
Readymade garments are allowed to invest 40% in the said undertaking or in any new
industrial undertakings.
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▪ 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.
▪ The undertaking has to apply in prescribed form for approval within six months from the
end of the month of commencement of commercial production and be approved by the
Board for this purpose.
In the year 2017, Government has introduced tax exemption as mentioned below (a, b and
c) for Public Private Partnership (PPP) work by Project Companies involved in the following
PPP projects:
The business income is 100% exempted from Income tax for next 10 years from the
date of commercial operation.
b) Income tax exemption of capital gains arising from the transfer of share capital
of PPP Project Company, Royalty, Technical Know-how and Technical assistance
fee paid by such company:
The capital gains arising from transfer of share capital, Royalty, Technical Know-how
and Technical assistance fee paid by such company are 100% exempted from Income
tax for next 10 years from the date of commercial operation.
c) Income tax exemption for foreign technicians employed in PPP Project Company:
The foreign technicians appointed in PPE Project Company will get 50% tax exemption
for next 3 years from the date of appointment subject to such company does not cross
5 years from the date of commercial operation i.e. the company who has crossed 5
years from the date of commercial production, their foreign technicians can not avail
this benefit.
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Please note that, the above exemptions are subject to the following condition being met
by the project company:
50% of income derived by any taxpayer from export shall be exempt from tax, except for a
company not incorporated in Bangladesh and company paying tax at a reduced rate.
- For a period of 5 years if the industry is set up in Export Processing Zones (EPZ) Dhaka
and Chattogram divisions excluding Rangamati, Bandarban and Khagrachari districts;
and
- For a period of 7 years if the said EPZ are set up in Rajshahi, Khulna, Sylhet and Barisal
divisions and Rangamati, Bandarban and Khagrachari districts.
Exemption
Area Year
(% of income)
Dhaka, Mymensingh and Chattogram 1st and 2nd year 100%
divisions excluding Rangamati, Bandarban 3rd and 4th year 50%
and Khagrachari districts 5th year 25%
Exemption
Area Year
(% of income)
Rajshahi, Khulna, Sylhet and Barisal divisions 1st, 2nd and 3rd year 100%
and Rangamati, Bandarban and Khagrachari 4th, 5th and 6th year 50%
districts 7th year 25%
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Information Technology Enabled Services (ITES) definition has been widened as below:
▪ Software development;
▪ Software or application customisation;
▪ Nationwide Telecommunication Transmission Network (NTTN);
▪ Digital animation development;
▪ Website development;
▪ Web site services;
▪ Web listing;
▪ IT process outsourcing;
▪ Website hosting;
▪ Digital graphics design;
▪ Digital data entry and processing;
▪ Digital data analytics;
▪ Geographic Information Services (GIS);
▪ IT support and software maintenance service;
▪ Software test lab services;
▪ Call centre service;
▪ Overseas medical transcription;
▪ Search engine optimisation services;
▪ Document conversion, imaging and digital archiving;
▪ Robotics process outsourcing; and
▪ Cyber security services;
▪ Cloud service;
▪ System Integration;
▪ e-learning platform;
▪ e-book publications;
▪ Mobile application development service; and
▪ IT Freelancing.
5.9 Exemption of capital gains tax from sale of shares of listed companies for non-
resident (Sixth Schedule, Part-A, Para-43)
Any profits and gains of a non-resident assessee arising from the transfer of stocks or
shares of a public company listed in any stock exchange of Bangladesh shall be exempt
from income tax in Bangladesh subject to the condition that such assessee is entitled to
similar exemption in the country in which he is a resident.
5.10 Exemption of income from Cinema Hall or Cineplex (Sixth Schedule, Part-A, Para-44)
Any income derived from Cinema Hall or Cineplex has been given tax exemption facility
starting commercial exhibition from 1 July 2012 to 30 June 2024 as stated below:
Exemption
Area Year
(% of income)
Dhaka, Mymensingh and Chattogram divisions 1st and 2nd year 100%
excluding Rangamati, Bandarban and 3rd and 4th year 50%
Khagrachari districts 5th year 25%
Exemption
Area Year
(% of income)
Rajshahi, Khulna, Sylhet, Rangpur and Barisal 1st, 2nd and 3rd year 100%
divisions and Rangamati, Bandarban and 4th, 5th and 6th year 50%
Khagrachari districts 7th to 10th year 25%
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5.11 Exemption of income from production of rice bran oil (Sixth Schedule, Part-A, Para-
45)
Exemption
Area Year
(% of income)
Dhaka and Chattogram divisions (excluding 1st and 2nd year 100%
City Corporation area and Rangamati, 3rd and 4th year 50%
Bandarban and Khagrachari districts) 5th year 25%
Exemption
Area Year
(% of income)
Rajshahi, Khulna, Sylhet, Rangpur and Barisal 1st, 2nd and 3rd year 100%
divisions (excluding City Corporation area) and 4th, 5th and 6th year 50%
Rangamati, Bandarban and Khagrachari 7th to 10th year 25%
districts
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9. To produce environment friendly car, the company shall follow Euro 3 Emission
Standard or any other standard equivalent to it and also certification is required from
brand manufacturer;
10. The manufacturing company shall comply with the regulations mentioned in ITO 1984.
The benefits mentioned above are not applicable for any kind of income generated
under any other heads other than income from production of automobile; and
11. Subject to fulfilment of the above conditions and approval granted by NBR, the
company, which shall start commercial production by 30 June 2030, will get the
benefits.
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9. The production business cannot be a part or separated entity from any existing
business or it cannot be restructured or reassembled to create a new entity for
producing products; and
10. Subject to fulfilment of the above conditions and approval granted by NBR, the
company, which shall start commercial production within 1 July 2021 to 30 June 2030,
will get the benefits.
Any income generated by a company engaged in production of light engineering items shall
be exempted from income tax for 10 years, subject to fulfilment of following conditions:
1. The company shall be registered under the Companies Act 1994 and BIDA;
2. The company engaged in production of agricultural machineries shall make minimum
30% value addition in its factory;
3. The company shall comply with the regulations of Income Tax Ordinance 1984;
4. The benefits mentioned above are not applicable for any kind of income generated
under any other heads other than income from production of home appliances; and
5. Subject to fulfilment of the above conditions and approval granted by NBR, the
company, which shall start commercial production within 1 July 2021 to 30 June 2030,
will get the benefits.
Any company engaged in providing career orientated education and training on automobile,
aircraft storage, food, footwear, glass, mining, mechanical, ship building, leather,
refrigeration, ceramics, mechanist, garment design and pattern making, pharmacist,
nursing, integrated medical, radiology and imaging, ultrasound, dental, animal health,
clothing and garment finishing, poultry farming in agriculture, fisheries, science and IT
sector, then the business income of that company is exempted from tax for 10 years, subject
to fulfilment of following conditions:
1. The education and training institute shall be registered under the Companies Act 1994;
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2. The company shall be registered with BIDA and need to invest at least Taka 50 million;
3. The training institute shall need to take authorisation from Bangladesh Technical
Education Board, Directorate General of Health Services or Bangladesh Nursing and
Midwifery Council and follow the curriculum prescribed as per National Skill
Development Rules;
4. As per government rules, the institute shall have permanent teacher, structure and
running laboratory or workshop;
5. The company shall comply with the regulations of Income Tax Ordinance 1984;
6. The benefits mentioned above are not applicable for any kind of income generated
under any other heads other than income from providing training on human resource
development; and
7. Subject to fulfilment of the above conditions and approval granted by NBR, the institute
gets exemption for 10 years from the date of approval.
Any income generated by hospital from proving health care services shall be exempted
from income tax for 10 years upon fulfilling certain conditions:
1. The hospital shall be registered under the Companies Act 1994 and BIDA;
2. The institute shall take approval as hospital from Directorate General of Health Services
of Health Ministry and other respective authorities;
3. The hospital shall be situated outside Dhaka, Narayangonj, Gazipur and Chattogram
district;
4. The company shall comply with the regulations of Income Tax Ordinance 1984;
5. The benefits mentioned above are not applicable for any kind of income generated
under any other heads other than income from providing health care service; and
6. Subject to fulfilment of the above conditions and approval granted by NBR, the
company, which shall start commercial production within 1 July 2021 to 30 June 2030,
will get the benefits.
Type A:
- the hospital shall be minimum 250 bed hospital with paediatric and neonatal, women’s
and maternal health, oncology, and well-being preventive medicine unit.
- Directed by closed staffs including doctors.
- Minimum 5% ICU shall be there.
Type B:
- The hospital shall be minimum 200 bed specialised hospital
- Directed by closed staffs including doctors
Income from production of corn, maize or sugar beet is tax exempted up to 50%.
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Income derived from the export of handicrafts shall tax exempt up to 30 June 2024.
Income derived from any Small and Medium Enterprise (SME) engaged in production of any
goods is exempted if
- annual turnover is not more than Taka 5 million
- annual turnover is not more than Taka 7 million where SME is owned by women.
5.22 Donation to any fund established by “Trust of Prime Minister Education Assistance
Act 2012”
Exemption limit:
5.23 Incentives for private sector power generation companies (other than coal based)
commencing commercial operations from 1 January 2020 to 31 December 2022
Non-coal based private power generation companies starting commercial operations from
1 January 2020 to 31 December 2022 and complying with the requirements of private sector
power generation policy of Bangladesh will get the following tax incentive:
- Private power companies’ power generation income is exempt from corporate tax up to
31 December 2034 from the date of commencement of commercial operations.
- Salaries of expatriate employees of such power generating companies shall also be tax
exempt for a period of three years, starting with the date of the expatriate’s arrival in
Bangladesh.
- Interest payments to foreign lenders will be tax exempt. Royalties and technical
assistance fees paid by such companies will also be tax exempt.
Capital gains from the sale or transfer of shares by the investing company shall be exempt
from tax.
However, all such companies shall maintain accounts and submit return in due date of filing
under section 75.
5.24 Incentives for private sector power generation companies (other than coal based)
commencing commercial operations from 1 January 2023
Rate of tax
Tax exempted period
exemption
First 5 years from the commencement of commercial production 100%
Up to next 3 years 50%
Up to next 2 years 25%
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All such companies shall maintain accounts and submit return in due date of filing under
section 75.
5.25 Incentives for private sector power generation companies (coal based)
Coal based private power generation companies entering into agreement within 30 June
2020 and starting commercial production within 30 June 2023 and complying with the
requirements of private sector power generation policy of Bangladesh will get the following
tax incentive:
▪ Private power companies’ power generation income is exempt from corporate tax for a
period of 15 years from the date of commencement of commercial operations.
▪ Salaries of expatriate employees of such power generating companies shall also be tax
exempt for a period of three years, starting with the date of the expatriate’s arrival in
Bangladesh.
▪ Interest payments to foreign lenders will be tax exempt. Royalties and technical
assistance fees paid by such companies will also be tax exempt.
▪ Capital gains from the sale or transfer of shares by the investing company shall be
exempt from tax.
▪ All such companies shall maintain accounts and submit return in due date of filing under
section 75.
5.26 Exemption/reduced tax rate is not allowed in case of failure to file the return within
stipulated time
An assessee shall not be exempt from income tax or subject to reduced tax rate if the
assessee fails to submit the income tax return of any income year within the stipulated time.
Tax shall be charged at the regular rate on the disallowance as per section 30 even if it is a
tax exempted or reduced tax rate availed assessee or any loss or profit computed.
Agricultural income (whose agriculture is the only source of income) up to Taka 200,000 for
an individual is tax exempted.
Income earned in abroad by an individual assessee being a Bangladeshi citizen and brought
any such income into Bangladesh as per existing laws applicable in respect of foreign
remittance shall be tax exempted.
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Dividend income up to Taka 50,000 derived from a company listed in any stock exchange
is tax exempted.
Gratuity income from Government or approved gratuity fund up to Taka 25 million is tax
exempted.
Any payment from WPPF received by a worker up to Taka 50,000 is tax exempted.
Income received by an assessee from wage earners development bond, US Dollar premium
bond, US Dollar investment bond, Euro investment bond, Pound Sterling premium bond is
tax exempted.
5% tax rebate will be allowed if at least 10% of total employees constitute disabled person.
Any institution employing persons of third gender, the number of which is at least 10% of
their total number of employees or 100 employees of Third gender, will enjoy a tax
exemption which will be the lower of:
- of total tax liability
- 75% of total salary paid to the employees of Third gender
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5.39 Income received other than bank interest/dividend by any educational institution
Income received other than bank interest/dividend by any educational institution is tax
exempted if it
• is enlisted for Monthly Pay Order (MPO) of the Government;
• follows the curriculum approved by the Government; and
• is governed by a body formed as per Government rules.
5.40 Income received other than bank interest/dividend by any public university, ICAB,
ICMAB and ICSB
Income received other than bank interest/dividend by any public university, ICAB, ICMAB
and ICSB is exempted.
a) any company will be allowed to get rebate on investment in CSR amounting to 20% of
income of the company or Taka 120 million, whichever is lower.
b) any company who intends to get rebate through CSR shall make regular payment of
salaries and wages to its employees, have waste treatment plant, make regular payment
of tax, VAT and institutional loan, donate to Organisations approved by the Government
and comply with all existing provisions of Labour Code.
c) any company shall not show amount expended in CSR as inadmissible expenditure in
its trading account or profit and loss account.
d) any company shall submit necessary information and documents to the DCT regarding
the amount expended in CSR as demanded allowable is actually expended or not.
e) the donation under CSR shall be done through proper banking channel.
The following are the areas of CSR for which company may avail tax rebate facilities:
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KPMG in Bangladesh Taxation Handbook
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10% of last assessed tax or Taka 1,000; whichever is higher and a further penalty of
Taka 50 for every day during which the default continues. However, in case of individual,
penalty shall not exceed:
- Taka 5,000 for an assessee whose income was not assessed previously; or
- Taka 1,000 or 50% of tax liability on last assessed income; whichever is higher.
10% of last assessed tax or Taka 5,000; whichever is higher and a further penalty of
Taka 1,000 for every month during which the default continues.
Taka 5,000; a further penalty of Taka 1,000 for every month during which the default
continues.
Taka 25,000; a further penalty of Taka 500 for every day during which the default
continues.
Failure to verify the authenticity of an e-TIN certificate may result in a penalty up to Taka
50,000 to the person responsible for verification of e-TIN.
A person, who fails to pay balance tax under section 74 may face a penalty at the rate
of 25% on the total tax payable or on the short amount of tax payment.
▪ Delay interest for not filling return on or before the Tax Day
An assessee is liable to pay a delay interest at the rate 2% per month but not exceeding
one year if the assessee fails to file the income tax return on or before the tax day
However, such delay interest will be applicable on the difference between the tax
assessed on total income for the assessment year and the tax paid in advance (including
tax deduction) for that assessment year.
Taka 500 and a further penalty of Taka 250 for every month during which default
continues in issuing certificate of deduction of tax in prescribed form to persons from
whom tax has been collected/deducted as required under section 58 of the Income Tax
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Where a person has, without reasonable cause, used Taxpayer's Identification Number
(TIN) of another person or used fake TIN on a return of income or any other documents
where TIN is required under this Ordinance, the DCT may impose a penalty not
exceeding Taka 20,000 on that person.
A person is guilty of an offence punishable with imprisonment for a term which may
extend to three years or with fine up to Taka 50,000 or both, if he deliberately uses or
used a fake Taxpayer's Identification Number (TIN) or a Taxpayer's Identification
Number (TIN) of another person.
A person, who obstructs an income tax authority in discharge of function, shall commit
an offence punishable with imprisonment of maximum one year, or with a fine, or with
both.
Imprisonment between 3 months and 3 years or a fine up to Taka 100,000 or both shall
be imposed on a person furnishing fake audit report.
Imprisonment between 3 months and 3 years or a fine up to Taka 500,000 or both shall
be imposed on the person employing or allowing to work any foreign individual without
prior approval from appropriate authority of the Government.
A penalty of 15% of tax of which would have been avoided shall be imposed for
concealment of income by any means.
If an assessee conceals or understates any income, he shall be fined with 15% on the
tax that would have been avoided. If the concealment is detected after more than one-
year, additional penalty of 15% will be charged for each of the following year.
Furthermore, if the assessee deliberately conceals the income, he shall be punishable
with an imprisonment of 3 months to 5 years, or fine, or both.
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KPMG in Bangladesh Taxation Handbook
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7. Voluntary disclosure
An assessee who had not filed any income tax return or filed return showing lower income
than actual or was not assessed for any previous years, may disclose the income in the
return under any head. However, the following conditions need to be complied before filing
such return:
b) Penalty has to be paid at the rate of 10% of tax proportionate to such income.
A declaration needs to be submitted along with the tax return stating the name of assessee,
heads of declared income and amount of tax and penalty.
The assessee will not be able to avail this opportunity if any proceedings have commenced
against him by the Tax Authority under sections 93, 113(f), 164, 165 or 166.
Also, income derived from any illegitimate source, or any criminal activity, or income
exempted from tax, or income chargeable to tax at reduced rate in accordance with section
44 will not be able to avail this opportunity.
The income shown as stated above may be invested in the following sectors:
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KPMG in Bangladesh Taxation Handbook
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8. Transfer pricing
Key points in brief are as follows:
(i) Transactions considered under transfer pricing regulation, are those transactions
between associated enterprises, either or both of whom are non-residents, in the
nature of purchase, sale or lease of tangible or intangible property, provisions of
services, lending or borrowing money, or any other transactions having a bearing on
the profits, income, losses, assets, financial position or economic value of such
enterprises, etc.
(ii) There are extensive provisions in the Act regarding responsibility and determination of
“arms-length price” of such transactions.
(iii) If such a transaction is not found to be at arms-length price, DCT with prior approval of
Board, may determine via the Transfer Pricing Officer the arms-length price of the
transaction.
(iv) In absence of any provision regarding arm’s length price determination, international
best practice of using interquartile range (25th -75th) was being commonly followed for
computing arm’s length price. A guideline for applying range concept in computing
Arm’s Length Price has been introduced through Finance Act 2019. The new Act
introduced a narrow range of 30th percentile to 70th percentile of the comparable data
set. If the price at which the international transaction has actually been undertaken is
within the range referred as above, then the price at which such international
transaction has actually been undertaken shall be deemed to be the arm’s length price.
If the price at which the international transaction has actually been undertaken is
outside the arm’s length range referred as mentioned above, the arm’s length price
shall be taken to be the median of the data set. In case the dataset has less than six
comparable, the arm’s length price shall be the arithmetical mean of all the values
included in the dataset. Any adjustment made in determining arms-length price shall
be treated as income taxable at the regular rate irrespective of income exempted from
tax or subject to reduced rate of tax.
(v) Every person who has entered into an international transaction shall furnish, along with
the return of income, a statement of international transactions in the form and manner
as may be prescribed.
(vi) Every person who has entered into an international transaction shall keep and maintain
such information, documents and record, and the tax authority shall prescribe the
period for which the information, documents and records shall be kept and maintained.
The tax authority may require any person by notice in writing, to furnish any
information, documents and records within the period as may be specified in the notice.
(vii) A report from Chartered Accountants/Cost Management Accountant shall be submitted
upon request via a notice issued by the tax authority, if the aggregate value of
international transactions exceeds Taka 30 million during an income year. The report
from Chartered Accountants/Cost Management Accountant provides reasonable
assurance as to whether all information, documents, and records provided by the
company are complete and authentic. Further, Failure to furnish such report may lead
to a penalty up to Taka 300,000.
(viii) Every person fails to submit transfer pricing return along with corporate income tax
return may result in a penalty of maximum 2% on the value of international
transactions.
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9. Others
9.1 Stay of proceeding in case of pending appeal or reference at Appellate Tribunal or
High Court Division
In the process of Alternate Dispute Resolution (ADR), an appeal filed by the DCT at Tribunal
or reference application made by the Commissioner of Taxes (Appeal) at High Court level,
will be stayed until disposal of the ADR application.
An assessee shall not be eligible for application to ADR if he fails to pay tax payable as per
section 74 where the return of income for relevant year or years has been submitted.
In case of Alternate Dispute Resolution (ADR), time limit for the facilitator to make an
agreement is 3 months from the end of the month in which the application was made, unless
no agreement shall be deemed to have been reached.
9.3 Notice, assessment order and tax form delivered as per section 174
If any notice, assessment order and tax form has been delivered to authorised
representative as per section 174, it will be treated as delivered to the assessee.
Amortisation of licence fee including Spectrum Assignment fees, GSM license fees, license
acquisition fees or license renewal fees paid by cellular mobile phone operator or any other
company engaged in providing specialised service allowed if:
- licence fee is paid before or after 1 July 2012 wholly and exclusively for the purpose of
obtaining a permission from the government authority;
- In case of other companies, such license should be integral part of the operation of the
business.
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Filing/Payment Month
Corporate tax return filing under section 75 15th day of seventh month or 15
September from end of account
period; whichever is later
Advance tax instalment under section 64 15th day of September, December,
March and June
Withholding tax return under section 75A 31 January and 31 July
Statement filing regarding salary under section 108 Before the 1st day of September
Statement filing regarding employee tax return On or before 30 April
108A
Statement of deduction of tax from salary under Within 20th day of following Month
rule 21
Statement of deduction of tax from other sources Within 20th day of following Month
under rule 18
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As per the new order, companies, non-governmental organisations and co-operatives (other
than bank and financial institutions) are advised to deposit all of the withholding tax to the
respective company’s tax zone where its tax file will be assessed. Earlier, withholding tax
would be deposited to different tax zone based on withholding tax section applied for tax
deduction. The companies which are assessed under the Large Tax-payer Unit (LTU) are
advised to continue its existing system in depositing the withholding tax. Also, there are
different requirements for Banks, Financial Institutions, any person other than companies
and Government and its entity.
A statement is required to be submitted to income tax authority for all deduction or collection
made on a monthly basis.
All companies including private companies, branch companies, liaison offices, banks and
other financial institutions etc. are required to collect/withhold tax at the time of payment as
shown hereunder:
This rule is also applicable to the total income from salary of Government official, where
Government’s accounts office shall issue a tax deduction certificate.
However, there is a provision of lesser or no withholding of tax from salary on the basis
of a certificate issued by DCT and specifying the same upon application by the
assessee.
Taxes are to be deducted at the maximum rate or at the rate applicable to such amount,
whichever is greater. No tax shall be deducted from the discount received from these
bills purchased by a superannuation fund, a pension fund, a gratuity fund, a recognised
provident fund or a workers' profit participation fund.
For security, which is based on Islamic principles, the tax of 5% shall be deducted at
the time of payment or credit.
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▪ Payments for supply of goods, execution of contracts (Section 52, Rule 16)
The rate of deduction from the following classes of persons shall be at the rate specified
in the below: -
Provided that in absence of 12-digit TIN, the withholding rate will be 50% higher than
from the above-mentioned rates.
Deduction shall be fifty percent (50%) higher if the payee does not receive payment by
bank transfer or by mobile financial services or any other digital means approved by
Bangladesh Bank;
No tax shall be deducted or tax shall be deducted at proportionate reduce rate, upon
present of exemption certificate or reduce rate certificate issued by NBR.
Provided that where any imported goods on which tax has been paid at source under
section 53, tax at source on the said supply shall be B-A, where –
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Provided that in case of the goods supplied by any distributor or any other person under
a contract as referred in sub-section (3) of section 53E, the term “B” as mentioned in
paragraph (d) shall be computed as follows:
Under this section firm, project, programme, joint venture, consortium, trust, cooperative
society and public-private partnership are also treated as deducting authority along with
any person.
Tax is required to be deducted at the following rates from the payment to a resident on
account of royalties, franchise, or the fee for using licence, brand name, patent,
invention, formula, process, method, design, pattern, know-how, copyright, trademark,
trade name, literary or musical or artistic composition, survey, study, forecast, estimate,
customer list or any other intangibles:
Base amount* Tax rate if the payee Tax rate if the payee has
has TIN no TIN
Up to Taka 2.5 million 10% 15%
Over Taka 2.5 million 12% 18%
Under this section firm, project, programme, joint venture, trust, cooperative society and
public-private partnership are also treated as deducting authority along with any person.
Provided that in absence of 12-digit TIN, the withholding rate will be 50% higher than
from the above mentioned rates.
- Contract value, or
- Bill or invoice amount, or
- Payment
No deduction needs to be made in cases where National Board of Revenue has issued
a certificate waiving such deduction or exemption.
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Provided that in absence of 12-digit TIN, the withholding rate will be 50% higher than
from the above mentioned rates.
- Contract value, or
- Bill or invoice amount, or
- Payment
No deduction needs to be made in cases where National Board of Revenue has issued
a certificate waiving such deduction or exemption.
Sellers of banderols are liable to collection of tax at 10% of the value of banderols. The
seller will collect the tax from the manufacturer of cigarettes. The tax so collected shall
be treated as minimum tax under section 82C.
(a) 6% of the amount of compensation where the immovable property is situated in any
city corporation, municipality or cantonment board; and
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Tax is required to be deducted at the rate of 10% from interest of savings instrument
purchased by an approved superannuation fund or pension fund or gratuity fund or a
recognised provident fund or a workers’ profit participation fund. However, if the
accumulated investments do not exceed Taka 500,000, then tax at 5% will be withheld
on the interest income from that saving certificate. Earlier the interest income of such
funds was exempted from tax deduction.
No deduction shall be made where the cumulative investment at the end of the income
year in the pensioner’s savings certificate does not exceed Taka 500,000.
Tax is not required to be deducted on interest income from wage earners development
bond, US Dollar premium bond, US Dollar investment bond, Euro premium bond, Euro
investment bond, Pound Sterling premium bond, Pound Sterling investment bond.
Tax is required to be deducted at the rate 5% for making any payment to a beneficiary
of WPPF. However, no tax shall be deducted if the beneficiary:
Any person responsible for issuing any permission or renewal of permission for the
manufacture of bricks shall collect tax from the manufacturer at the following rates:
Banks are required to deposit all taxes deducted by the 15th of the following month to
Bangladesh Bank under appropriate head of accounts. The amounts so deposited will
be treated as advance tax payment by the banks.
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the total value of air ticket or charge for carrying cargo at the time of such payments.
Value of air ticket or charge for carrying cargo shall not be included embarkation fees,
travel tax, flight safety insurance, security tax and airport tax.
In addition to the above, tax is required to be deducted at the rate of 0.3% on payment
of incentive bonus, performance bonus or any other benefits from sale of ticket bill of
carrying cargo by air. Calculation will be as follows:
(A/B)*C where:
A = Incentive bonus/performance bonus or any other benefit
B = is the amount of commission or discount
C = 0.3% (source tax)
City Corporation shall collect tax at Taka 3,000 in Dhaka South City Corporation, Dhaka
North City Corporation or Chattogram City Corporation, at Taka 2,000 in any City
corporation other than above, at Taka 1,000 in any municipality at any district
headquarter, at Taka 500 in any other municipality, while issuing or renewing trade
licence. The tax so collected shall be adjusted against tax payable by the recipient of
licence.
Tax is to be withheld at 15% from commission payable to freight forwarding agency. Tax
so withheld shall be adjusted against tax payable by the assessee.
▪ Collection of tax from rent of convention hall, conference centre (Section 52P)
Provided that no deduction shall be made when such amount is paid directly to the
Government.
▪ Collection of tax from resident for providing service abroad (Section 52Q)
Tax shall be deducted at the rate of 10% on any sum remitted or credited from abroad
by way of a fee, service charges, commission or remuneration, called by whatever
name, or by way of revenue sharing of any name and nature for;
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KPMG in Bangladesh Taxation Handbook
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However, payment received for service rendered while staying outside the country is
excluded from this section.
Deduction of tax at source shall be 7.5% if the remittance has been received as
consideration for contracts on manufacturing, process or conversion, civil work,
construction, engineering or works of similar nature.
No deduction shall be made against the remittance received from abroad for proceeds
from sales of software or services provided by a resident is exempted from tax under
paragraph 33 of Part A of the 6th Schedule or the income is excluded from total income
by paragraph 48 of Part A of the 6th Schedule.
▪ Deduction of tax from receipts in respect of international phone call (Section 52R)
The bank, through which the receipt on account of International Gateway Service in
respect of international phone calls is received, shall deduct tax at the rate of 1.5% of
the total amount representing the said receipt at the time of crediting it to the account of
the international gateway service provider.
The international gateway service provider, through which the revenue related to
international phone call is shared under an agreement with the Bangladesh
Telecommunication Regulatory Commission (BTRC), shall deduct tax at the rate of
7.5% on the whole amount so paid or credited to any other persons under the said
agreement.
▪ Deduction of tax from any payment in excess of premium paid on life insurance
policy (Section 52T)
Tax is to be deducted at 5% for paying any sum in excess of premium paid for any life
insurance policy maintained with any life insurance company. No deduction shall be
made in case of death of such policy holder.
The bank or financial institution, through which any local letter of credit or any financing
agreement, called by whatever name, is made between two or more persons within
Bangladesh for purchasing any goods for trading or processing will be captured under
this section. While the proceeds of such goods are paid, Bank shall deduct tax at 3% on
the total proceeds at the time of paying or crediting such proceeds to the account of the
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
person or persons providing such goods. In case of extending such credit facility to any
distributor, tax shall be deducted at 1%.
The tax at the rate of 2% shall be deducted with such arrangement in respect of
purchase or procurement of rice, wheat, potato, onion, garlic, peas, chickpeas, lentils,
ginger, turmeric, dried chillies, pulses, maize, coarse flour, salt, edible oil, sugar, black
paper, cinnamon, cardamom, clove, date, cassia leaf, computer or computer
accessories, jute, cotton, yarn and all kinds of fruits.
The Principal Officer of cellular mobile phone operator company responsible for making
any payment, on account of revenue or any license fees or any other fees or charges,
called by whatever name, to the regulatory authority, shall deduct tax at 10% of such
payment at the time of credit to payee or at the time of payment thereof, whichever is
earlier.
The Commissioner of Customs or any other appropriate officer shall collect tax on
imported items up to 20% of the value of imported goods.
National Board of Revenue may grant exemption from tax collection or reduce tax rate
upon application where the assessee’s income is not taxable or reduce tax rate in any
year.
This is subject to a flat rate of 5% for all rent. "Rent" means any payment, by whatever
name called, under any lease, tenancy or any other agreement or arrangement for the
use of any house property or hotel accommodation including any furniture, fittings and
the land appurtenant thereto.
This section provides for deduction of tax at 5% from total freight received or receivable
by a ship owned or chartered by a resident assessee. The rate will be 3% if service is
rendered between two or more foreign countries. The deduction will be made by the
Commissioner of Customs at the time of granting port clearance. The deduction so
made shall be treated as final tax liability under section 82C of the Income Tax
Ordinance. In addition to 5% tax on total freight, a certificate from the concerned DCT
shall be required for port clearance.
The amount paid or payable by way of demurrage charge or handling charge or any
other amount of similar nature will also be considered at the time of furnishing tax return
to DCT.
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KPMG in Bangladesh Taxation Handbook
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Bureau of Manpower Employment & Training shall not grant for export of manpower by
recruiting agencies unless 10% of service charges or fees are paid as advance tax and
no new/renew license shall be issued unless a challan of advance tax of Taka 50,000
received from recruiting agencies.
Garments sector has been a priority segment for the Government. Every year, the
applicable withholding tax rate on such exports are reduced by separate regulatory
order (SRO). In last year, applicable rate was 0.25%. This year, taxes are to be withheld
by banks at 0.5% from the export proceeds received on account of export of jute goods
and from the exports of knitwear and woven garments, terry towel, carton and
accessories of garments industry, jute goods, frozen food, vegetables, leather goods
and packed food.
A company enjoying tax exemption either wholly or partially may apply to tax authority
and on the basis of his application the tax authority may exempt from deduction at
source or give order to withhold at a reduced rate.
Taxes are to be withheld at 0.05% on the value of shares, debentures, mutual funds, or
securities transacted by a member of a stock exchange and at the rate of ten percent
(10%) on the commission received or receivable by a member of a stock exchange for
the transaction of securities other than shares and mutual funds at the time of making
payment for such transactions. The deduction will be made by the Chief Executive
Officer of a stock exchange at the time of such payment.
Every year, the applicable withholding tax rate on such exports are reduced by separate
special order. In last year, applicable rate was 0.25%. This year, any export proceeds
received from export of any products other than garments was subject to tax withholding
at 0.50%. The tax so withheld shall be treated as advance payment of tax liability.
A company enjoying tax exemption either wholly or partially may apply to tax authority
and on the basis of his application the tax authority may exempt from deduction at
source or give order to withhold at a reduced rate.
Tax is required to be deducted/collected at the rate of 15% by the local agent of a non-
resident courier company on the amount of service charge accrued from the shipment
of goods, documents, parcels, or any other things outside Bangladesh.
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KPMG in Bangladesh Taxation Handbook
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Taxes are to be withheld at 10% in case of any payment made for the purchase of any
Cinema, Drama or Radio and TV programme by any authority.
In case of any payment made to an actor/actress, tax is to be withheld at the rate of 10%
from such payment.
Provided that, no tax shall be deducted under this section if the total payment does not
exceed Taka 10,000.
Any person responsible for paying any amount on account of export cash subsidy to an
exporter for promotion of export shall, at the time of payment or credit of such amount,
shall deduct or collect tax in advance at the rate of 10% on the amount so payable.
Tax is to be withheld at 10% of the amount of payment or the amount allowed or the
value of benefits allowed by the way of commission, fees, discount, incentive or
performance bonus or any other performance related incentive or any other payment or
benefit of the similar nature for distribution or marketing of goods at the time of payment
or allowing the amount.
Any company making a payment in relation to the promotion of the company or its goods
to any person engaged in the distribution or marketing of the goods of the company
shall, at the time of payment, deduct tax at 1.5% of the payment.
Provided that a cigarette manufacturing company shall collect tax at the rate of 3% at
the time sale of goods to its distributor or to such other person of the difference between
the sales price to distributor and the retail price fixed by such company.
If any payment is made to a foreign buyer’s agent as per terms of L/C as fees,
commission etc. then tax is to be withheld at 10% from such payment.
Tax so deducted shall be treated as final tax liability of the exporter with certain
exceptions under section 82C.
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
▪ Interest on savings, fixed deposits or term deposits and share of profit on term
deposits (Section 53F, Rule 17H)
(i) 10% where the person receiving such interest or share of profit furnishes his
twelve-digit Taxpayer's Identification Number (e-TIN) to the payer; or
(ii) 15% where the person receiving such interest or share of profit fails to furnish his
twelve-digit Taxpayer's Identification Number (e-TIN) to the payer.
Rate of tax deduction at source shall be at 10% on interest on saving deposits where
balance does not exceed Taka 100,000 at any time in the year.
Tax at the rate of 10% shall also be applicable on the receipts of interest or share of
profit by public university, or an educational institution whose teachers are enlisted for
Monthly Pay Order (MPO), following the curriculum approved by the Government and
whose governing body is also formed as per Government rules or regulations, or any
professional institute established under any law and run by professional body of
Chartered Accountants, Cost and Management Accountants or Chartered Secretaries.
Tax at the rate of 5% is to be withheld from the interest arising out of any deposit
maintained by any fund irrespective of their tax exemption facility.
Taxes are to be collected at the following rates at the time of registering any document
for transfer of any land or building or apartment by the transferor who is engaged in real
estate or land development business:
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KPMG in Bangladesh Taxation Handbook
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However, tax in respect of a residential apartment shall be 20% and 40% lower if the
size of the apartment including common space is not more than 70 and 60 square metre
respectively.
The registering authority while registering a document shall collect income tax from the
transferor on the value of the land, building which the document of transfer relates to
and on which stamp duty is chargeable under Stamp Act 1899. The tax so collected
shall be treated as final tax liability as per section 82C.
The rate of tax will depend on the location of the land and building. The applicable rate
may vary from 1% to 4% based on the location. It will not exceed Taka 1,080,000 per
katha (1.65 decimal) for land, additional Taka 600 per square meter for any structure,
building, flat, apartment or floor space on the land, if any, or 4% of the deed value,
whichever is higher.
Any registering officer responsible for registering under the Registration Act, 1908 (XVI
of 1908) any document in relation to any lease of immovable property for not less than
ten years from any authority formed or established under any law or from any other
person shall not register such document unless tax is paid at 4% by the lessor on the
lease amount of such property.
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KPMG in Bangladesh Taxation Handbook
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Tax is to be withheld at 10% from interest of Post Office Savings Bank Account.
▪ Rental value of vacant land or plant or machinery (Section 53J, Rule 17BB)
The Securities & Exchange Commission (SEC) is to collect tax at 5% on the difference
between transfer value and face value of the share(s) at the time of transfer shares of a
sponsor shareholder or director of a company listed with a stock exchange.
- 'transfer' includes transfer under a gift, bequest, will or an irrevocable trust; and
- ‘transfer value' shall be deemed to be the value of shares based on the closing price
of shares prevailing on the day of consent accorded by the Securities & Exchange
Commission or the Stock Exchange, as the case may be, or where such shares
were not traded on the date of such consent, the closing price of the last day when
such shares were traded.
The Principal Officer of a stock exchange shall deduct tax at 15% on any profits and
gains arising from the transfer of share of shareholder of stock exchange at the time of
transfer or declaration of transfer or according consent to transfer of such share,
whichever earlier.
For the purpose of the computation of profits and gains of share, the cost of acquisition
of such share shall be the cost of acquisition incurred before Exchanges
Demutualisation Act, 2013 (Act No. 15 of 2013) came in force.
▪ Deduction of tax from any sum paid by real estate developer to landowner
(Section 53P)
Any person engaged in real estate or land development business pays any sum to the
land owner on account of signing money, subsistence money, house rent or in any other
form called by whatever name for the purpose of development of the land of such owner
in accordance with any power of attorney or any agreement or any written contract, such
person shall deduct tax at the rate of 15% on the sum so paid at the time of such
payment.
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
The principal officer of a company shall deduct tax at the time of payment of dividend to
a shareholder at the following rates if the shareholder is a resident assessee -
Provided that the provision of this section shall not be applicable to any distribution of
taxed dividend to a company (resident and non-resident) if such taxed dividend enjoys
tax exemption under the provisions of the paragraph 60 of Part A of the Sixth Schedule.
“Taxed dividend” means the dividend income on which tax has been paid by the
recipient under this Ordinance”.
Taxes are to be deducted from the amount of winnings payable at the rate of 20%.
Under this section firm, project, program, joint venture, trust, cooperative society and
public-private partnership are also treated as deducting authority along with any person.
In case of applicability of reduced or nil withholding tax as per double tax treaty or any
other reason, a certificate needs to be collected from NBR. Time limit has been specified
for issuing exemption or reduced rate certificate by NBR to 30 days after submission of
all required documents.
Tax deducted under this section shall be deemed to be the minimum tax liability of the
payee and it shall neither be refunded nor be set off or adjusted against any demand.
Relevant government regulatory authority will ask for applicable tax on capital gain
arising from the transfer any share of a company.
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KPMG in Bangladesh Taxation Handbook
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However, periods for which additional amount is calculated shall not exceed
24 months.
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KPMG in Bangladesh Taxation Handbook
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The person who is responsible for deduction shall be personally liable to pay the amount
which not being deducted/collected or paid to the Government. In such case, DCT shall
take necessary actions for the collection of the amount from the responsible person
after giving him a reasonable opportunity of being heard.
Note that deduction/collection made under above sections shall have to be deposited
to Govt. Exchequer as follows:
*However, if the deduction/collection was made in the last two working days of the
month of June of a year, the payment shall be made on the same day of such
deduction/collection.
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KPMG in Bangladesh Taxation Handbook
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1 UK 20 Poland
2 Singapore 21 Philippines
3 Sweden 22 Vietnam
4 Republic of Korea 23 Turkey
5 Canada 24 Norway
6 Pakistan 25 USA
7 Romania 26 Indonesia
8 Sri Lanka 27 Switzerland
9 France 28 Oman (air traffic only)
10 Malaysia 29 Mauritius
11 Japan 30 United Arab Emirates
12 India 31 Myanmar
13 Germany 32 Kingdom of Saudi Arabia
14 The Netherlands 33 Kingdom of Bahrain
15 Italy 34 Republic of Belarus
16 Denmark 35 Nepal
17 China 36 Bhutan
18 Belgium 37 Morocco
19 Thailand
A foreign tax credit is available to a Bangladesh resident in respect of any taxes paid in a
foreign jurisdiction on the same income being taxed in Bangladesh. The allowable credit is
the lower of the foreign tax paid or the Bangladesh tax otherwise payable.
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
Business entities having turnover within a 12-month period exceeding Taka 5,000,000 will be
required to enlist for Turnover Tax and entities having turnover within a 12-month period
exceeding Taka 30,000,000 will be required to register for VAT.
The following entities will be required to register for VAT regardless of the turnover
threshold:
Any person who will not be eligible for either Registration or Enlistment will be effectively
exempted from VAT. However, such persons can voluntarily register for VAT.
*Provided that in pursuance of section 4 (2d) of VAT & SD Act 2012 NBR can give VAT
registration requirement to any person regardless of the registration threshold.
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
VAT & SD Act 2012 defines turnover as all money received or receivable by a business
entity against supply of taxable goods or rendering of taxable services by means of their
economic activities.
For the purpose of assessing the eligibility for Registration and Enlistment, Turnover
shall not include:
Unit Registration is mandatorily required when different goods or services are supplied
from different locations. Furthermore, if identical or similar goods or services are
supplied from different locations and the related books and records are kept at separate
locations, Unit Registration is also mandatory.
It is implied that different goods or services supplied from a single location would
consequently be under one registration.
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
▪ Economic Activity
VAT & SD Act 2012 imposes VAT based on “economic activity”. The VAT & SD Act 2012
defines economic activity as any activity carried on regularly or continuously for making
supply of any goods, services or immovable property. The definition of economic activity
also includes:
However, any service rendered by an employee to his employer or any service rendered by
any director of a company in general or any recreational pursuit or hobby performed on a
non-commercial basis or any activity carried on by the Government without any commercial
motive are excluded from the definition of economic activities.
VAT & SD Act 2012 provides VAT exemption on certain goods and services through
the First Schedule of the legislation as well as specific exemptions through statutory
orders.
The VAT & SD Act 2012 provides VAT exemption on certain services as per First
Schedule of the legislation which are broadly categorised as follows:
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
iv) Financial services - stock or security exchange institution, life insurance policy and
deposit or savings at banks or financial institutions, activities related to settlement
of purchase and sales of share.
v) Transportation services - e.g. passenger transport, goods transport, airlines,
ambulance services except certain cases such as shipping agent, courier services,
freight forwarder, charterer of aircraft or helicopter, Air-ambulances related services
etc.
vi) Personal services - e.g. journalist, actor, singer, driver, operator, designer, etc.
vii) Other services - e.g. services for any religious activity or programs, land purchase
or transfer and its registration, stevedoring activities, etc.
▪ Zero-rated VAT
Deemed exports are supplies of ingredients for goods or services for consumption
outside Bangladesh and supply of any goods or services within the territory of
Bangladesh against foreign currency through an international tender or under local
letter of credit.
The standard VAT rate under VAT & SD Act 2012 is 15%.
Input VAT credit can only be obtained against supplies of goods or services subject to
15% VAT.
▪ Trade VAT
Traders are subject to VAT at a rate of 5% on their supplies except traders of medicine
and petroleum products for which reduced trade VAT of 2.4% and 2%, respectively, is
applicable.
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KPMG in Bangladesh Taxation Handbook
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Goods and services subject to truncated VAT rate will not be eligible for input VAT
credit.
Suppliers of goods and services subject to trade VAT rate can choose to exercise
standard VAT rate of 15% and get input VAT credit against their purchase.
▪ Advance Tax
Importers are required to pay Advance Tax at 5% on taxable imports on the value
determined for taxable imports. Such Advance Tax can be shown as decreasing
adjustment within the concerning VAT period or 4 succeeding VAT periods.
VAT & SD Act 2012 prescribes VAT rates lower than the standard VAT rate of 15%,
commonly known as Truncated VAT system, in the Third Schedule of the legislation.
Truncated VAT rates are as follows:
— 5% (e.g. mustard oil, biscuits, plastic products, indenting firm, ride sharing
services)
— 7.5% (e.g. non-air-conditioned hotel or restaurant, procurement provider,
construction contractor)
— 10% (e.g. printing press, security service, building, floor, compound cleaning or
maintenance service provider)
— For building construction firm
− Up to 1,600 sq. ft. at 2%;
− Exceeding 1,600 sq. ft. at 4.5%; and
− Reregistration irrespective of size at 2%.
Goods and services subject to Truncated VAT rate will not be eligible for input VAT
credit.
Business entities whose supplies are subject to Truncated VAT can choose to exercise
the standard VAT rate of 15% and claim input VAT credit against their purchase.
Certain goods and services are subject to tariff value-based VAT such as SIM cards,
mild steel products, newsprint etc.
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
Registered persons under VAT & SD Act 2012 is required to pay their net VAT payables,
if any, (i.e. output VAT less input VAT and other adjustments) at the time of submission
of VAT Return within 15 days following the month end. The following equation will be
used for calculation of VAT liability:
Output VAT
+ Supplementary Duty, where applicable
+ Increasing Adjustments
- Input VAT Credit
- Decreasing Adjustments
= Net Tax Payable
The Input-Output Coefficient Declaration will not be applicable for 100% export-oriented
organisations for its exportable goods.
▪ Adjustments
The following increasing adjustments can be made against output VAT and
Supplementary Duty payable in a tax period, subject to fulfilment of specific conditions,
time limit and method namely:
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KPMG in Bangladesh Taxation Handbook
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The following decreasing adjustments can be made against output VAT and
Supplementary Duty payable in a tax period, subject specific conditions, time limit and
method namely:
A registered person shall be entitled to an input VAT credit for any taxable import or
taxable supply made to the person for conducting their economic activities and taxable
supplies.
VAT & SD Act 2012 restricts to input VAT credit on the following cases, namely:
(a) supply exceeds Taka 100,000 and paid other than banking channel;
(b) output VAT not mentioned in the return, in the case receipt of import services;
(c) input tax credit is not taken within 4 succeeding tax period of purchase or invoice
date or bill of entry;
(d) good and services under the custody or possession or supervisor of another person
(e) goods and services have not been entered in Purchase Books;
(f) name, address and BIN of both purchaser and seller are not mentioned in tax
invoice;
(g) in case of imported goods, if the Bill of Entry Number is not in importer invoice and
description of goods does not match with Bill of Entry and invoice;
(h) raw materials or goods released with furnish Bank Guarantee;
(i) input tax paid for manufacturing of exempted or rendering of exempted services;
(j) turnover tax paid under the purview of turnover tax;
(k) supplementary duty paid for manufacturing of goods and services;
(l) except Export of goods or service, any input VAT paid on supply of goods or service
for which Output VAT rate is less than 15% or Specified VAT;
(m) input tax paid against such inputs or goods not declared in the Input Output
Coefficient;
(n) if new Input Output Coefficient is not submitted when input price change 7.5%;
(o) if sales price of the product is less than total input cost; and
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KPMG in Bangladesh Taxation Handbook
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(p) purchase of passenger vehicle or entertainment services, provided that, input VAT
credit may be allowed when such purchases are part of normal course of the
economic activities of the person (e.g. dealer or charterer of vehicles).
If a registered person is not entitled to full input VAT credit, their entitlement to input
VAT credit against total imports and acquisitions shall be calculated in a proportionate
manner as follows:
I × T/A
where—
“I” is the total amount of input tax originating from imports or acquisitions;
“T” is the amount paid by a registered person on all taxable supplies during the tax
period; and
“A” is the amount paid by the registered person on all the supplies during a tax period.
Also, when a registered person pays or is liable to pay a part of the consideration for a
taxable supply, any input tax credit to which the person is entitled shall be calculated on
the basis of the amount of the consideration such person pays or is liable to pay.
For any project, the VAT has to be collected or deducted and deposited to Government
Treasury at the time of payment of service value or commission by a person receiving
the service. If the service provider appoints any sub-contractors, agents or any other
service rendering persons, VAT shall not be collected at source again from such sub-
contractors, agents or any other service rendering persons appointed by the main
service provider; subject to production or submission of documentary evidence of early
stage’s collection or deduction of VAT and the deposit of such VAT to the Government
Treasury. However, this rule is not applicable for purchasing goods under the project.
The above provision was present in the old VAT Act 1991 under subsection 4AA of the
section 6. However, when the new VAT regulation (i.e. the VAT & SD Act, 2012) came
into effect from 1 July 2019, this important provision was not incorporated.
Consequently, considering the importance of this law for the project contractors, it has
now been reintroduced into the new VAT regulation
▪ Withholding VAT
VAT & SD Act 2012 has imposed upon certain business entities the responsibility to
withhold VAT.
Sub-section 21 of section 2 of VAT & SD Act 2012 defined withholding entity to mean-
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KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
If the applicable rate for the supply of goods is less than 15%, entire VAT is subject to
withholding. In case of supply of services, withholding VAT will be applicable for all the
services which are prescribed for withholding VAT. Currently. 43 services as listed
below are categorized for withholding VAT. Moreover, if the applicable VAT rate for any
service is less than 15%, it would be subject to withholding VAT even if it is not
mentioned in prescribed withholding VAT list.
A comprehensive list of services for withholding VAT is set by the National Board of
Revenue (NBR). The list of services which are subject to withholding VAT are stated
below:
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global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 78
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 79
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
Suppliers shall make decreasing adjustment on the tax withheld by the customer within
the same tax period and the next tax period of which payment is received.
If VAT claim is not adjusted within such time limit, it will expire due time bar. Withholding
VAT adjustment will be made through the withholding VAT Certificate (Mushak 6.6).
A withholding entity being the service recipient will deposit the withheld VAT amount to
the Government Treasury through treasury challan within 15 days after making payment
to the vendor. After that, within three 3 days the withholding entity will issue three copies
of withholding VAT Certificate (i.e. Mushak 6.6). The original copy of withholding VAT
Certificate with original treasury challan should be submitted to the concerned VAT
office at the time of submission of VAT Return. One copy of the withholding VAT
Certificate is to be provided to the supplier and other copy is to be preserved by the
withholding entity for at least 5 years.
Now all registered and unregistered withholding entity deposit the withholding VAT to
the government treasury within 15 days of the deduction as prescribed in withholding
VAT regulation. There is no relationship between VAT return and deposit of withholding
VAT.
VAT & SD Act 2012 provides clear provisions for VAT on imported services under the
concept of Reverse Charge.
Imported service is a taxable supply in the hand of the service recipient and
consequently, it has to be shown as output VAT in the VAT Return. Simultaneously, the
service recipient will be required to show the applicable VAT on such imported service
as their input VAT in the VAT Return. As such, there would be no cash flow impact for
imported service.
Banks which are responsible for sending money against importation of services from
outside of Bangladesh will check whether applicable VAT on importation of services has
been deposited to the Government Treasury or not. Based on the status of importer’s
VAT registration, the control mechanism is as follows:
Types of service
Sl. Control mechanism
importer
Bank will collect VAT at 15% on the imported price from the
Unregistered unregistered person at the time of sending the fund outside
1
person Bangladesh and deposit it to the concerned bank’s
Commissioner Economy Code
Bank will not collect VAT at 15% on imported service if the
registered person submits a copy of the treasury challan for
Registered the payment of corresponding amount of VAT on imported
2
person service. If there is no treasury challan or the amount deposited
is less, bank will collect required amount of VAT and deposit
it to its Commissioner Economy Code.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 80
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
− Taxable supply
The value of a taxable supply is the amount derived by reducing the tax fraction
VAT Rate
( ) from the consideration amount.
100+VAT Rate
Consequently, value of any supply other than the taxable ones shall be the
consideration of such supplies.
− Imported services
As per an amendment brought by Finance Act 2020, value of imported services
shall be the consideration of such supplies.
− Special cases
If any taxable supply is made or imported service is taken from an associated entity,
the value of such transaction would be the fair market value of that taxable supply
or imported service if:
Also, taxable supplies with no consideration will be valued at the fair market value
of the supply reduced by the tax fraction.
VAT & SD Act 2012 introduces the concept of fair market price. According to the
legislation, fair market price is the consideration arrived at as a result of normal
relationship between a buyer and a seller who are not associated with each other. If
such price is not identifiable, consideration of similar supply made previously under
similar circumstance would then be the fair market value. If the price cannot be derived
by the above means, it may be determined by NBR based on impersonal average of
consideration in course of normal business relations among buyers and sellers, who are
not associated with one another.
Associated entities mean two persons with such a relation between them that it would
make one act or reasonably expect to act in accordance with the intention of the other
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 81
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
or make both act or reasonably expect to act in accordance with the intention of a third
person. Associated entities also include the following persons, namely–
i) a partner of a partnership;
ii) a shareholder of a company;
iii) a Trust and a beneficiary of such Trust;
iv) a joint venture for property development and the landowner as a partner of that
joint venture, builder, or other related person; and
v) representative, VAT Agent, distributor, licensee or persons with similar
relationship.
In the context of the VAT & SD Act 2012, fair market price is relevant in the following
scenarios:
— to determine the value of free samples above the allowable limit of Taka 20,000 per
fiscal year;
— when assessing the consideration of imported services obtained from or supplied by
a related person;
— when taxable supply is made to an associate for no consideration or consideration
which is less than fair market price and also the associate cannot take full input VAT
credit;
— supplies of service or immovable property to any employee without a consideration
or at a price less than the fair market price;
— imposition of SD on the supply of any goods or service subject to SD which is made
without any consideration or with inadequate consideration;
— when quantity of goods subject to SD is identified during an audit to have not been
accounted properly; and
— transfer of immovable property by a property developer to the landowner.
▪ Defining Residents
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global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 82
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
▪ VAT Agent
A non-resident can appoint a VAT Agent who will bear and carry all VAT related
responsibilities arising out of the activities performed by the non-resident. The VAT
Agent will obtain a VAT Registration in the name of the principal (or the non-resident)
for the concerned economic activities. However, non-resident shall be liable for all
payments including taxes, fines, penalties, and interests.
▪ Cancelled Transaction
If a transaction is cancelled, the amount of money which may be retained by the supplier
will be subject to VAT. Furthermore, such VAT may be adjusted in the VAT Return.
▪ In-kind Benefits
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 83
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
▪ Definition of Input
As per section 2 (18ka) of VAT & SD Act 2012, input means all raw materials, laboratory
reagents, laboratory equipment, laboratory accessories, any particular used as fuel,
packing materials, services, machines and parts of machines. Following goods and
services will not be considered as input:
In case of business by the trader, any goods imported, purchased, acquired or collected
by any means for the sale, exchange or transfer will be considered as “input
▪ Definition of Company
As per section 2 (38) of VAT & SD Act 2012, company means any company registered
in Bangladesh or registered under prevailing act of another country. According to an
amendment brought by Finance Act 2020. foreign companies are also now within the
definition of company.
Refund can be claimed only after submission of all VAT Returns up to the current tax
period.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 84
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
The previous VAT legislation contained provisions regarding fulfilment of certain VAT
obligations prior to the transfer of ownership of a business. VAT & SD Act 2012 further
clarifies these obligations by providing clearer instructions for transfer of ownership of a
business.
The previous VAT legislation did not provide clear definitions or clarifications for
applicability of VAT on sale of used goods. VAT & SD Act 2012 defines second-hand
goods as goods (except precious metal or goods made from precious metal) which have
been used previously.
VAT is applicable on second-hand goods. However, VAT & SD Act 2012 provides the
opportunity to adjust such VAT against the output VAT if the second-hand goods are
purchased for re-sale (without any manufacturing activities). This implies that under the
new legislation, VAT paid on second-hand goods not for re-sale will be a cost.
▪ Filing of Return
VAT Returns are required to be filed within 15 days following the end of the month or
tax period (for Turnover Tax—following the end of quarter).
If the last day (i.e.15th day) for the submission of VAT return is a “public holiday”, the
next working day will be considered as the deadline for the submission of VAT return.
A late VAT Return may be filed by obtaining extension from the VAT Authority which is
limited up to 1 month. Nevertheless, interest will be applicable at a rate of 1% per month
on the amount of VAT payable, if VAT Return is submitted after the prescribed 15 days.
Government can extend the return submission date without any penalty or interest due
to epidemic, natural disaster or war in public interest.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 85
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
VAT & SD Act 2012 also includes a provision for Amended Return for clerical error or
computational errors. Amended Return can be submitted before completion of 4 years
from the date of filing of the relevant return or before commencement of audit by VAT
Authority.
The taxpayer will have to pay interest on the difference between the amount of tax
payable as per the Amended Return less the amount of tax initially paid.
If any taxpayer fails to submit the monthly VAT return within the prescribed time limit,
Commissioner will issue a notice through VAT Form 11.1 (Mushak 11.1) to the taxpayer
to submit the late VAT Return.
If the defaulting taxpayer does not submit the late VAT Return within 21 days of the
notice, Commissioner will issue a VAT Assessment Order through VAT Form 11.2
(Mushak 11.2).
For failure of submission of late VAT Return within 21 days of the stipulated time period,
the Board will temporarily lock the BIN including suspension of import and export
activities through automatic VAT online system and transactions of source tax
deductible supply. With submission of VAT Return, BIN will automatically be unlocked
within two days of the submission.
▪ Mushak Forms
VAT & SD Act 2012 prescribes new templates and forms for VAT compliance and
submissions. The following are some of the important forms relevant to business
entities:
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 86
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
▪ Tax Invoice
Every VAT registered supplier is required to issue two copies of Tax Invoice on or before
the date when VAT becomes payable on the taxable supply containing the following
information, namely:
Tax invoices should be serialised fiscal year wise. Notably, if supply is made from
multiple locations, Tax Invoice should also be serialized for each location. This serial
number along with the name and address of the location should be mentioned in the
Tax Invoices for the supplies made from those locations. The original Tax Invoice (i.e.
Mushak- 6.3) should be present while making transportation of the goods.
The registered person can preserve in his own format Tax Invoice including additional
information for the requirement of his business where all information in the prescribed
form shall be included and shall be issued in the prescribed number of minimum copies.
Moreover NBR, by a notification in the official Gazette, can declare any Tax Invoice or
bill issued by a registered person in his/her own format as a Tax Invoice (i.e. Mushak
6.3).
▪ Withholding Certificate
A registered person, who makes a supply to a withholding entity shall on or before the
date of making such supply, issue to the withholding entity a Withholding VAT
Certificate containing the prescribed information.
The form and manner of the Withholding VAT Certificate shall be prescribed by the
Board.
VAT & SD Act 2012 allows all prescribed documents to be customized according to the
company’s formats or templates.
© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are entities registered in Bangladesh and members of the KPMG
global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 87
guarantee. All rights reserved.
KPMG in Bangladesh Taxation Handbook
(updated to Finance Act 2021)
VAT & SD Act 2012 requires the registered and enlisted persons to complete
accounting, reporting and auditing under International Financial Reporting Standards,
International Accounting Standards and International Standards on Auditing. For tax
determination all documents which depict the operation of business should be
considered.
VAT & SD Act 2012 requires records and accounts to be maintained for at least 5 years.
In case of unsettled VAT disputes, all the relevant documents and records shall be kept
until the settlement of the disputes.
Applicant: Any person or any VAT officer who is aggrieved by a decision taken or
order issued under the VAT regulation by any Additional Commissioner or any VAT
officer below the rank of an Additional Commissioner.
Timeline: Appeal must be made within 90 days from the date of the service of such
decision.
Deposit of tax at the time of filing: The applicant other than VAT officer will be
required to pay 20% of the tax specified in the impugned order at the time of filing.
Disposal of the case: The Commissioner (Appeal) shall dispose of the appeal within
a period not exceeding 1 year.
Applicant: Any person or any VAT officer who is aggrieved by a decision taken or
order issued under the VAT regulation by any Commissioner or Commissioner
(Appeal) or Director-General or by any VAT officer holding the same rank.
Timeline: Appeal must be made within 90 days from the date of the service of such
decision.
Deposit of tax at the time of filing: The applicant other than VAT officer will be
required to pay 20% of the tax specified in the impugned order at the time of filing.
Provided that, this 20% tax will not be required to be paid if the appeal is made
against the order issued by the Commissioner (Appeal)
Disposal of the case: If the Appellate Tribunal fails to dispose of the appeal within a
period of 2 years, the appeal shall be deemed to have been granted by the Appellate
Tribunal.
▪ VAT Software
NBR has made it mandatory for registered entities having turnover exceeding Taka
50,000,000 in the preceding financial year to maintain their VAT related books and
records in software prescribed by the VAT authority. In order to comply with this
provision, only software from NBR approved software developers or suppliers should
be used. Entities may also use their own personal software provided it has the same
specifications as prescribed by NBR and after obtaining approval from NBR.
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global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by 88
guarantee. All rights reserved.
Bangladesh
Contact us:
Adeeb H. Khan Ali Ashfaq M Mehedi Hasan
Senior Partner Partner Partner
T: +880 2 2222 86450 – 2 T: +880 2 2222 86450 – 2 T: +880 2 2222 86450 – 2
E: adeebkhan@kpmg.com E: aliashfaq@kpmg.com E: mehedihasan@kpmg.com
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© 2021 Rahman Rahman Huq and KPMG Advisory Services Limited are
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rights reserved. Printed in Bangladesh.