2a Tax Computation of Business Entities
2a Tax Computation of Business Entities
2a Tax Computation of Business Entities
Additional Information
(1) Interest revenue comprises interest on government bonds issued in 200
and purchased by ABC Ltd. in 2016.
(2) Gain on sale of shares arose from the following purchase and sale of shares of a
company listed with DSE and CSE:
Required:
Comp Compute the total income and the total income tax liability of ABC Ltd. while
making the above computations, any non-compliances of the relevant provisions of the tax
laws (income tax as well as VAT) by the company are to be considered strictly in
accordance with the legal provisions for such non-compliances. If considered necessary,
you may make assumptions in the light of the relevant tax provisions.
ABC Ltd
Computation of Total Income
Assessment year 2017-2018
Income year 2016-2017
Note Taka Taka
000 000
Income from Interest on Securities (u/s-22):
Less: Non-business income included in P&L A/c for consideration at appropriate heads of income:
(3,500)
Add: Inadmissible expenses:
a Salary to finance manager 1 600
b Gratuity Provision 2 1,500
c Security service disallowed u/s-30(aa) 300
d Audit, accountancy & advisory services disallowed u/s-30(aa) 500
e Office rent disallowed u/s-30(aa) 600
f Donation to ICAB 3 1,800
g Board meeting attendance fee. 4 300
h Entertainment: This is personal expenditure not related to business as per rule -65 500
i Corporate income tax 6 4,500
j Dividend paid (disallowed u/s-30(aa) for non deduction of TDS. 9,000
19,600
Income from business or Profession (u/s-28): 35,800
Notes:
1 The total income & tax liability of ABC Ltd are computed in the light of the
provision of Finance Act-2017
2 Salary of finance manager TK. 600,000 disallowed fully as per sect 30(i) as it was
not paid through crossed cheque or balance transfer
5 VAT deduction is applicable as VAT was not deducted at source it is disallowed U/S 30 (aa)
7 Corporate Income tax is not an expense rather than appropriation of profit so it is not an item of
P/L account . So disallowed fully.
9 As the ABC Ltd is a publicly traded company and declared 25% dividend, hence tax rate would be 24.75%
10 As per SRO 269-2010, the tax rate on the capital gain of selling listed company‘s stock is 10%
2 ABC Ltd. is a publicly traded company carrying on the business of manufacture and sale of May Jun
jute products. Accounts are maintained on mercantile basis. The audited profit and loss 2011
account for the year ended December 31, 2016 disclosed a net profit of Tk.2,510,000.
Examination of the books of accounts revealed the following facts:
a) A preliminary expenses Tk.50,000 was written off to the profit and loss account.
b) One vehicle was purchased during the year for Tk.2,500,000. Depreciation
@20% was charged on the cost of the vehicle.
c) Depreciation claimed at Tk.1,200,000 including depreciation on a leasehold
asset of Tk.1,000,000. The company claimed depreciation on leasehold
assets Tk.200,000. The lease rental for the year was Tk.150,000 in respect
of the leasehold assets.
d) Depreciation in respect of all other assets has been claimed as per Income Tax
Law.
e) Interest on loan aggregating to Tk.400,000 has been waived by IFIC Bank
during the year which has been credited to the profit and loss account.
f) Over provision for certain expenses as well as under provision for certain
expenses in respect of previous year amounting to Tk.500,000 and
Tk.300,000 respectively have been adjusted with the retained earnings
brought forward from previous year.
g) Net profit includes Tk.800,000 representing income from sale of imported
products. The company suffered AIT aggregating to Tk.200,000 at import
stage at the time of import of jute products.
h) Entertainment expenses of Tk.120,000 debited to the profit and loss account.
i) Technical knowhow fee of Tk.300,000 paid to foreign collaborators charged in
the accounts.
j) 50% of sale of manufactured goods is exports.
You are required to compute total income and tax payable by the company for the income
year ended December 31, 2016.
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
Answer:
ABC Ltd.
(A publicly traded company)
Computation of Total Income
Assessment Year-2017-2018
Income Year-2016-2017
Less: Interest waived by the bank wrongly credited to the P/L 400,000
{This is exempted as per section 19 (11)}
Less: Income from imported jute products (shall be considered U/S- 82C) 800,000
Add: Entertainment expenses (to be considered separately) 120,000
Add: Technical knowhow fee (to be considered separately) 300,000
1,730,000
Add: Inadmissible expenses:
Depreciation over charged on vehicle 100,000
{ As per 3rd sch. Clause 6(a)}
Depreciation charged on leasehold assets 200,000
(As it is assumed to be under operating lease and paid rental on the same)
Note:-2
Calculation of Entertainment-Rule 65
Agriculture Business
Taka Taka
Manufacturing expenses 7,50,00,000 1,60,00,000
Administrative expenses 50,00,000 80,00,000
Besides, selling expenses of Tk.18,60,000 have been incurred during the year.
Depreciation on plant and machinery, furniture, factory and office buildings including
banglows have been included in above manufacturing expenses of Tk.80,00,000 and
Tk.20,00,000 relate to agriculture and business respectively. The company spent
Tk.30,00,000 during the year to bring new areas under its cultivation while nothing has
been spent on replacement of bushes. It is company policy to capitalize those
expenditure. There are no other inadmissible expenses. Tax WDV of fixed assets are as
follows:
Agriculture Business
Taka Taka
Banglows and other structure 2,30,00,000 1,50,00,000
Plant and machinery 3,50,00,000 6,90,00,000
Furniture, Equipment etc. 30,00,000 60,00,000
Vehicles and Tanks 1,05,00,000 60,00,000
Tubewell 23,00,000 -----
Pucca Irrigation works 8,00,000 ----
Pucca pumping machine 30,00,000 -----
Taka
Sales 12,40,00,000
Closing stocks 90,00,000
Opening stocks (80,00,000)
Value of produce 12,50,00,000
Apportionment between agriculture and business in the ration 60:40 (Rules 31)
Agriculture Business
Taka Taka
Sales 7,50,00,000 Taka
5,00,00,000
Sale of Bamboos etc. - 20,00,000
Sale of Shade trees etc. 90,00,000 -
Taka
8,40,00,000 5,20,00,000
80,00,000 20,00,000
9,20,00,000 5,40,00,000
Depreciation Allowances-Business
Structures Plant Furniture Vehicles Total Allowances
Tk. Tk. Tk. Tk. Tk.
20% 20% 10% 20%
WDV SF 1,50,00,000 6,90,00,000 60,00,000 1,70,00,000
WDA 30,00,000 1,38,00,000 6,00,000 34,00,000 2,08,00,000
2WDA 1,20,00,000 5,52,00,000 54,00,000 1,36,00,000
Carried Forward
Notes:
(1) Valuation of closing stock in the case of plantation companies on net realizable basis is an acceptable
method as per IAS-2 (Inventories).
(2) Bamboos and other bushes naturally grown without any agricultural effort or skill employed and the
income thereon being treated as business income.
(3) Shade and other trees in tea garden are systematically planted and nurtured for growth and as such
full agricultural skill is employed.
(4) Expenditure in respect of developing new area for future tea cultivation is fully allowable as per rule 31,
though the company has capitalized this.
(5) Unabsorbed depreciation of previous year‘s agricultural loss can only be carried forward and set off
against this year‘s agricultural income
(6) Rule 31 provide the apportionment mechanism for income but not the expenditure which are generally not
separated in the tea garden between agriculture and business. However, for the sake of convenience
apportionment for these expenditure not on the basis of employees / workers has been made.
4 XYZ Bank Ltd. has shown a net profit before tax amounting to Tk.390 million for the year May Jun
Ended December 31,2016 2012
You are required to compute the tax liability of the bank for the assessment year
2017-2018 considering the following facts:
i) Accounting depreciation charged in the accounts was Tk.14 million whereas tax
depreciation has been calculated as Tk.25 million.
ii) Inadmissible expenses have been found to be as follows:
Particulars Tk. In Million
Perquisites 4.00
Subscriptions and Donations 0.25
Printing, Advertisement etc. 1.00
Sundry Expenses 0.45
399.00
Add: Inadmissible Items:
Excess Perquisites 4.00
Subscriptions and Donations 0.25
Printing, Advertisement etc. 1.00
Sundry Expenses 0.45
Other Expenses Entertainment (for considering as per rule-65) 4.00
Bad and Doubtful debt Provision (General plus specific) 2 11.00 20.70
419.70
Deduct: Allowable or Deductible Items:
Fiscal Depreciation 25.00
Entertainment as per Rule-65 1 4.00
Bad debt 5.00 34.00
Income from Business 385.70
Tax thereon
Income Tax @ 42.5% on (390.70-5) = 385.70 163.92
Excess Profit Tax 3 15.03
178.95
On dividend @ 20% on Tk. 5.00 1.00
Tax Payable 179.95
Note-1: Entertainment Allowance:
On First one Million @ 4% .040
On Balance 398.7 Million @ 2% 7.974
8.014
But restricted upto actual claimTk.4 million
Note -4 : Dividend :
Rate of tax on divided is 20%
5 Given below is the Profit & Loss A/C of NYZ Textiles Ltd., for the year Nov Dec
ended June 30,2017 2012
Particulars Taka Particulars Taka
Cotton 11,417,950 Sale of Yarn 10,811,956
Stores 1,835,648 Sale of Textile Products 10,926,425
Export Subsidy / Incentive
Mills Salaries & Wages 3,831,984 received in Cash 407,687
General Expenses 29,010 Sale of Waste 121,508
Replacement of Plant & Machinery 2,039,000 Rent of Bungalows 57,902
Stamp Duty, Registration, Legal Fees etc. 250,000 Dividend 17,400
Motor Car Overhauling Expenses 15,000 Interest on PSP 15,000
Purchase of two Paintings for MD’s Office 30,000
X-Mas Gift given to the Foreign Contractor 10,000
Refreshment, Food, Drinks etc., at one of
its Business Meetings 25,400
Expenditure incurred on Catering and
refreshments for shareholders and guests
at general body meeting 50,600
Donation 10,000
Rates & Insurance 40,376
Office Expenses 240,694
Directors’ Fees 9,000
Auditors Fees 30,000
Interest 211,850
Repairs to Building & Machinery 124,556
Trade Penalties, Legal Expenses &
Professional Charges 120,000
Entertainment 249,700
Workmen’s Welfare Expenditure 55,184
Contribution to Staff Provident Fund 75,500
Provision for Gratuity 150,000
Reserve for Meeting Contingent Liability 30,000
Loss for Discarding Ageing Machinery 205,397
Selling Agent’s Commission 201,690
Net Profit (Subject to Depreciation) 1,069,339
22,357,878 22,357,878
22,357, ,878
From the foregoing, compute the company’s taxable income from business, the total
income (computation should include necessary reasons), and tax liability for the
assessment year, 2017 – 2018 taking into account;
i) Sale of textile products includes Tk. 89,249 from export.
ii) Payment of Mills Salaries includes Tk. 75,000 for payment of tax for a foreign
technician engaged by the company;
iii) Expenses for stamp duty, registration, legal fees, etc. amounting 250,000 have
been incurred in raising loans;
iv) Rates Tk. 1,800, insurance Tk. 2,500 and repairs to building Tk.7,544 in respect of
bungalows;
v) The break-up of trade penalties, legal expenses and professional charges for Tk.
120,000 is as follows:
a) Trade penalties and law expenses constitute Tk. 20,000.
b) Assessee company has spent Tk. 50,000 for successfully defending the
allegation of black marketing.
Total
Tax on Business income of Tk. 2,709,490 @ 15% 406,424
(SRO : 218 -11/2003 of 19.07.2003)
Tax on cash Subsidy (Final Settlement) 82C 21,457
Other Income:
Income from dividend of Tk. 17,400 tax@ 20% deducted and the tax rate is also 20% 3,480
Interest on PSP (assuming it was purchased before10/06/1999) 15,000
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
Less: Exemption 15,000
Income from House Property:
Rental income that is annual value 57,902
Less: Rates and insurance 4,300
Less: repairs 25% 14,475 39,127
Notes:
(i) Payment of employee's tax for Tk. 75,000 paid by the employer is allowable expenditure and such tax is exempted
from payment of tax in the hand of employee- SRO: 182-L/99 of 01, July 1999.
(ii) Expense for stamp duty, registration legal fees amounting to Tk. 250,000 is allowable expenses u/s 29 (xvii)
(iii) Professional & legal fees are allowable but fine & penalties for Tk. 20,000 are not considered.
(iv) Donation to Zakat fund is an allowable expense.
(v) Replacement of plant & machinery is capital nature of expenditure.
(vi) Purchase of two paintings for MD's office is a decoration expenses is allowable expenditure u/s 29.
(vii) Since the company is paying tax at reduced rate, tax rebate for export of Tk. 89,249 could not be allowed (clause 28
Part A of 6th schedule).
(viii) Gift is an allowable expenditure if given for business purpose. However, in absence of specific indication regarding
purpose, one given to foreign contractor has been disallowed.
(ix) The trading liability not paid within 3 years of the expiration of income year is being considered as an income u/s 19 (15)
(c) of ITO 1984.
(x) The amount ofTk. 50,000 being spent for defending the allegation of black marketing is allowable expenses.
6 ABC Limited, a Bank in Bangladesh has submitted an income statement showing profit of Nov Dec
st
Tk.2,58,000 for the year ended 31 December 2016. You are required to find out the 2012
amount of-
(a) 1% of unclassified loan
(b) Admissible entertainment allowance
(c) Calculation of excess profits under section 16(C)
(d) Revised Income
On the basis of the additional information as given under:
(i) Loans and Advances
- Unclassified advances Tk. 21,00,000
- Sub-standard advances Tk. 8,50,000
- Bad and Loss Tk. 1,02,50,000
- Doubtful Debts Tk. 11,45,000
(ii) Capital Structure
- Paid-up Capital Tk. 20,00,000
- Statutory Reserve Tk. 7,50,000
- Retained Earnings Tk. 2,50,000
- Dividend Equalization Fund Tk. 2,00,000
(iii) Depreciation
- Accounting depreciation Tk. 50,000
- Tax depreciation Tk. 80,000
(iv) Perquisites and Allowances
- Excess perquisite Tk. 50,000
-Printing and Advertisement Expenses Tk. 40,000 (Capitalized)
- Entertainment Allowances Tk. 65,000
- Other Expenses on which TDS are not applied Tk. 10,000
Compute the Taxable income and tax liability of the above bank for the assessment year
2017-2018.
Working Notes:
(a) Loans and Advances 14,345,000
1% on unclassified Advance 143,450
b) Actual provision for Bad Debts 42,000
(c) Entertainment allowance allowable
@ 4% upto Tk. 10,00.000 and balance
@ 2% on business income Tk. 4,35,000 14.400
(d) Calculation of excess profit under section 16C
(a) Tire-1 Core capital
Paid up Capital 2,000,000
Statutory Reserve 750,000
Retained Earnings 250,000
3,000,000
(b) Tire-2 Supplementary Capital:
General Provision on unclassified loan @ 1% 21, 000
Dividend Equalization fund 200,000
221,000
Total (a+b) 3,221,000
5 0 % of Profit 1,610,500
Actual profit 417, 600
Excess profit Tax Nil
(1) The company has paid VAT of Tk. 80,02241 against the payment of cost of
diesel which has been refunded for Export earning of Tk. 9,44,65,822.
(2) There was eleven taxable employees. The company has disbursed total
Tk. 35,40,000 out of Tk. 93,44,035 without complying with the provision
of section 30 (a).
(3) The Company has imported packing materials and fishing gear from Korea.
The custom authority has collected income tax of Tk. 2,40,500 from this
consignment at the time of delivery of goods.
(4) Wasa bill includes Tk. 30,000 for director’s personal residence.
(5) Excess perquisites of Tk. 360,300 paid to technical staff of the company.
(6) Crew, Captain salary and allowance include Tk. 360,300 as Income Tax of 5
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
Engineers engaged on contract basis paid on behalf of the Company to
Government Account.
(7) Insurance expenses charges in Trading Account include Tk. 2,18,500 found
to be director’s personal yearly premium.
(8) Miscellaneous expenses include Tk. 25,000 as donation to Local Orphanage
Center approved by NBR.
(9) Office Rent Claimed at Tk. 10,26,647 out of which rent @ Tk. 60,000 per
month paid without complying with the provision of section 53A of Income
Tax Ordinance 1984.
(10) Tk. 1,50,000 paid as picnic expenses of sister concern of the Company out
of Tk. 4,58,796 debited to staff welfare expenses.
(11) Export turnover tax rebate will be allowed for the company.
(12) Tax depreciation as calculated with reference to previous year final assessment
is Tk.33,90,000.
You are required to compute total Income, final tax liability allowing credit of
tax paid at Custom stage and tax paid on dividend income after considering
the above fact supplied by the Management.
XYZ Limited
Computation of total income and tax thereon
Income year ended on June 30, 2017
Assessment year 2017-2018
Particulars Note Amount Tk. Amount Tk.
Net profit as per profit and loss account 10,362,924
Less : Gross dividend income to be considered separately
(760,760)
Add : Refund of VAT against export sales Note - 1 8,002,241
Add : Accounting depreciation 4,681,665
Income from business 22,286,070
Add : Inadmissible Expenses :
Salary Note - 2 3,540,000
WASA bill Note - 3 30,000
Excess perquisite Note - 4 360,300
Insurance expenses Note - 5 218,500
Office rent Note - 6 720,000
Staff welfare expenses Note - 7 150,000
Entertainment expenses Note - 8 -
Misc. Expense (donation to orphanage) 25,000
5,043,800
Less : Fiscal depreciation (3,390,000)
Business income 23,939,870
Add : Income from other sources - Dividend 760,760
Total income 24,700,630
Computation of Tax liability
On business income of Tk. 23,939,870 @37.5% 8,977,451
On dividend income of Tk. 760,760 @ 20% 152,152
Total Tax liability 9,129,603
Less : Tax rebate on export earning Note - 9 2,748,394
Less : Tax rebate on donation to orphanage Note -10 2,500
Less : AIT collected by customs authority 240,500
Less : AIT on Dividend Income 114,114 (3,105,508)
Tax Payable u/s 74 of ITO 1984 6,024,095
Note -8 : Computation of allowable entertainment expenses u/s 30(f) of ITO 1984 read with rule 65 ofITR
1984 :
Business profit before entertainment expenses Tk. 23,914,870
st
Allowed on 1 Tk. 1,000,000 @ 4% Tk. 40,000
On the balance Tk. 22,914,870 @ 2% Tk. 458,298
Total Tk. 498,298
But restricted to actual expenditure of Tk. 125,321
Note — 9 : Computation of export turnover tax rebate as per clause 28 part A of the 6th Schedule :
Sales Tk. 154,283,278
Fiscal Profit Tk. 23,939,870
Fiscal profit on export sales Tk. 23,939,870/ 154,283,278 X 94,465,822
Tk. 14,658,099
Tax on the fiscal profit out of export sales 37.5% of 14,658.099= Tk. 5.496,787
Rebate 50% of Tk. 5,496,787= Tk. 2,748,394
Other information:
ABC Limited
Income Year 2016-2017
Assessment year 2017-2018
Notes :
1. It is assumed that ABC Telecom is not a Mobile Company.
2. Tax on IGW Tk-79,718,721(Tk-81,236,721-15,18,000) as TDS u/s-82C,related with
Section-52R.
3. Expenses are allocated on the basis of revenue.
4. Tax deducted from IGW considered u/s 82c, tax rate for ANS income 27.5% and
Dividend income 20%
5. Additional tax U/S 16B shall be payable as the Company declared dividend less than 15%.
X Limited
Income Year: 2016-17
Assessment Year: 2017-2018
Computation of total taxable Income and tax thereon
Taka Taka
Income from business and professional u/s 28
(3,55,000)
Incentive bonus 10% of disclosed profit before provision for income tax (3,900)
Foreign travel 1% of total turnover but the actual will be considered as it is lower. (140,000)
Technical service fee @8% of assessed profit after depreciation or actual whichever (13,000) (1,56,900)
is lower
Taxable income from business or profession 790,600
Income from House property u/s 24-
Amount value of godown rent higher of -
(a) Rent received 80,000
(b) Municipal value - 80,000
Less: Allowable deduction u/s 25-
Municipal tax on godown excluding the Tk.3,000 which is other tax payable (9,000)
Insurance Premium paid on godown (8,000)
Repair and maintenance 30% of annual value (24,000) (41,000)
Income from House property 39,000
Income from other sources-
Dividend income exempted up to Tk. 10,000 as per 6th Schedule Part B. So
Grossed up taxable income (50,000/0.80) - 10,000 52,500
Interest on deposit (gross) 25,000/0.9 27,778
Total income from other sources 80,278
Total taxable income 909,878
Computation of tax liability-
Tax liability on income from business or profession @37.5% 296,475
Tax liability on income from house property @ 37.5% 14,625
Tax liability on income from other sources except dividend @ 37.5% 10,417
Tax liability on dividend 52,500 @20% 10,500
Total tax liability 332,017
Less: TDS on dividend (12,500)
TDS on interest on deposit (2,778)
Net tax liability 316,739
Notes:
1. Provision for stock obsolescence is disallowed in income tax assessment and direct write off of
stock is allowed as deduction. Further write off of provision for stock obsolescence tantamount to
actual write off and as such is considered as deductible expenses as determined below:
Particulars Taka
3. Entertainment allowance is separately considered as per rule 65 of the Income Tax Rules ,1984;
4. Donation to approved institutions (30+ 15) is considered for investment tax credit as per
paragraph 22 of Part B of the Sixth Schedule of the income Tax Ordinance, 1984. 15% on Tk. 45,000
=Tk.6,750;
5. Provision for doubtful debt is disallowed in income tax assessment and direct write off of receivable is
allowed as deduction. Further written off provision for doubtful debt tantamount to actual write
off and as such is considered as allowable deduction as determined below:
Particulars Taka
Opening provision for doubtful debts (specific & general) 85
Provision made during the year 23
Provision written off (balancing figure) (4)
Closing provision 104
6. Contribution to unapproved overseas provident fund is disallowed as per section 30(d) of the ITO,
1984;
7. Interest expense of staff loan borne by the company is considered as non business expense;
8. Deposit for water and electricity is considered as security deposit and recoverable at the end of
tenancy;
9. Carry forwarded tax loss is adjusted before unabsorbed depreciation as per section 42(6) and 42 (7)
of the ITO. 1984;
10.Unabsorbed fiscal depreciation up to Tk.47, 280 has been adjusted this year and remaining Tk.55,720 has
been carried forwarded.
11 May
ABC Ltd., a publicly traded company incorporated and operating in Bangladesh, is Jun
70% Bangladeshi owned and is a manufacturer of refrigerators, freezers and air- 2015
conditioners under the brand name ABC which is registered as a trade mark in
Bangladesh. The company is the owner of the brand. The profit and loss account for
the year ended 31 December 2016 is as follows:
Notes:
(1) Interest income is from a fixed deposit placed with a bank in
Bangladesh. The interest was received during the year and has been
grossed up in the accounts. Interest income includes Tk.28,000 (gross)
earned but received by ABC Ltd. after 31 December, 2016.
(2) Cost of sales is arrived at after crediting Tk.80,000 in respect of the cost
of goods manufactured by the company, which were withdrawn from
stock for use of fixed assets by the company. The normal selling price
was Tk.120,000.
(3) Salaries, wages, and bonuses include basic salary of Tk.64,000 paid to
CFO in cash for month of January 2016,pension of Tk.20,000 and
contribution to the Gratuity (unapproved) Fund.
(4) The Employees Provident Fund contributionsby the employer and
employee each are at the rate of 10% for staff and 12% for executives.
(5) Donation is in respect of contributions made to a fund-raising campaign
organized by a distributor of the ABC brand of goods.
(6) Advertising:
Included is a sum of Tk.54,000 incurred on advertising the ABC brand
of goods on the internet via a host website located in Dhaka. The goods
are of export quality standard. No income tax and VAT were deducted
from the payment, as the company was not sure about the requirements
of such deduction.
(7) Rental of premises:
Included in the rental is a sum Tk.50,000 paid in respect of the early
termination of the lease of a building which the company vacated in
September 2016. The lease was to haverun for another 5 years. The
building was no longer suitable as a showroom for the company‘s
goods due to the construction of a toll plaza.
(8) Travelling includes:
(i) Vacation airfare and hotel accommodation costing Tk.36,000 for
important overseas customers.
(ii) Reimbursement to the directors of the company of salaries of
Tk.200,000 and Employees Provident Fund contributions of
Tk.25,000 in respect of drivers employed by the directors.
(9) The foreign exchange loss is in respect of the purchase of component
parts for manufacture. The realized loss amounts to Tk.14,000 only.
(10) Maintenance of plant and machinery includes the installation cost of a
machine amounting to Tk.34,000.
(11) Bad and doubtful debts comprise: Tk.
Bad debts recovered (238,000)
ABC Ltd.
Assessment Year: 2017-18
Accounting Year ended on 31 December 2016
Computation of total income and tax thereon
Inadmissible expenses:
Salary paid in cash 64
Donation to unapproved sector 20
Advertising expense paid without deduction of income tax and vat 54
Contributions
VatVVAT to unrecognized provident fund 4 1,536
Reimbursement of director's driver salary and provident fund
225
contribution
Installation cost of plant and machinery (being capital nature) 34
Provision for bad and doubtful debts 5 2,276
4,209
25,141
Bad debts recovered 238
Admissible income/(expenses): 25,379
Written off provision for doubtful debts (240)
Realized foreign exchange loss (14) (254)
Notes:
1 Taxable income and income tax payable thereon has been computed considering the provisions of the
Finance Act 2017;
2 It is assumed that no revenue is recognized for cost of goods transferred as fixed assets since there was
no gross inflow of economic benefit.
3 Pension is exempt from income tax in the hand of the recipient by paragraph 8 of the Sixth Schedule Part
A of the ITO, 1984 and hence the provision of Section 30 (d) is not applicable here. Since Gratuity Fund is
un-approved., contribution to such fund will be inadmissible. However, since the question does not
mention about amount of contribution to such Fund, no amount has been disallowed here.
4 Provident Fund
It is assumed that the provident fund is not recognized by the Commissioner of Taxes
12 Mr. SMART (Bangladeshi), a civil engineer, is the MD of four operational entities, popularly Nov
nd
called SMART group. His first unit is Smart Constructions Ltd. (SCL) in Dhaka, 2 one is Smart Dec
rd
Re-rolling Mills Ltd.(SRML) in Savar, the 3 unit is Smart Trading Limited(STL) in Dhaka and 2015
4th one is a trading arm(a branch of STL) in Italy engaged in sourcing EU-origin construction
materials for Bangladeshi market including Smart construction projects. His wife, an architect,
holds 10% with him in the limited companies. All units of Smart group follow accounting
periodicity ‗July-June‘.
Key information from SCL financial statements for the period ended 30.06.2017 are (amount
in Taka): Revenue Tk.500,000,000/=, Gross Income Tk.179,500,000/=. Other income
Tk.1,500,000/=, Admin expense Tk.150,000,000/=, Financial expense Tk.11,000,000/=,
Profit before tax Tk.20,000,000/=, Equity (share capital plus accumulated surplus)
Tk.40,000,000/=.
Information gathered from SCL Financials (For consideration when computing total income)
1. Other income includes the following:
i) Two units of Excavator (original cost Tk.1,000,000/=, tax WDV Tk.700,000/=)
sold for Tk.1,200,000/=. Company bought a replacement excavator for
Tk.600,000/= on 25.06.17 under intimation to DCT. The new excavator was
purchased by a bank loan.
ii) Loss of Tk.300,000/= on sale of one unit Loader (Cost Tk.1,000,000/=, tax
WDV Tk.400,000, Sale Tk.100,000/=.
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
iii) Tk.1,200,000/= on sale of old vehicles (Cost Tk.900,000, tax WDV nil, fully
depreciated)
iv) Drop in market price of the shares (of a listed company) Tk.100,000/= charged.
v) A unit of used bulldozer sold for Tk.1,000,000 (Normal profit Tk.200,000/= tax
WDV in book Tk.800,000). This bulldozer was bought three years ago to replace a
similar asset which was then sold at a capital gain of Tk.300,000/= on which
capital gain tax was not paid u/s 31, 32(5)(b), being the capital gain on that sale
was less than the replacement cost of the present bulldozer.
(a) Computation of Capital Gain and Gain Tax of Smart Construction Ltd. u/s 31:
Note:
(i)Sale of Excavator: Sale 12,00,000 - WDV 700,000 = Profit 5,00,000(Business income 300,000,
Capital Gain 200,000). There will be no capital gain tax on taka 200,000/= as the amount is less than the new same
capital asset purchased by the company, even at bank loan. So, taka 300,000/= shall be added to the
business income u/s 28 of the company. Ref sections are: - 19(16), 32(5)(b) & 28.
(ii)Sale of Loader: Sale 1,00,000 -WDV 4,00,000=business Loss 300,000/=. This
loss is fully deductible and chargeable against revenue during the year. Ref section 29(1)(xi) read
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
with Para 10(c) of 3rd Sch.
(iii) Sale of old vehicles: Sale 12,00,000 - WDV nil = Total gain 12,00,000/= (Business income
9,00,000, Capital Gain 3,00,000).
(iv) Drop in m/v of listed company shares-not to be recognized as loss due to the fact that it was not
sold. So this is not deductible.
(v) Sale of Bulldozer. This was a replacement asset three years ago when a capital gain of taka
3,00,000 was not taxed u/s 31 & 32(5)(b). To compute the profit on present sale of this bulldozer, the WDV
shall be reduced by the earlier capital gain which was not taxed three years ago on the same asset replacement.
So, WDV for the purpose of computing business income u/s 19(16) of this bulldozer shall be 8, 00,000/=
less 3,00,000 = 5,00,000/=. Total gain on present sale of bulldozer should therefore be:
200000+300000=500000/=(Business income 200,000+capital gain 300,000)
1,85,00,000
Add: Business income on sale of various assets (note above) 11,00,000 1,96,00,000
This is incurred on commercial expediency, under BoD approval. Hotel cost saved,
Moreover overseas travelling exp. Tk.45,00,000/ is within the limit of 1%
of turnover u/s 30(k). Tk.500,000,000/ x 1%=50,00,000/
b)
Branch of Smart Trading Ltd.(STL) in Italy is a tax non-resident assessee but a Permanent Establishment(PE) in
Italy. STL, being a resident assessee in Bangladesh computes its total income and tax liability world-income
basis. The Computation of tax liability of STL shall, therefore, be as follows for the income period ended
30.06.2017 (Assessment Year 2017-18), amount in Bangladesh taka:
(c)
I am at a fix what to do. Following circumstances are going through my mind:
(1) Causes of the requested grant and advert are social (school), not for the Commissioner.
(2) MD expects delivery from me on the appeal case that involves huge disputed tax demand.
(3) MD may not deny the request for grant weighing on gravity of the appeal case and social causes.
(4) MD may be upset if the appeal decision is not coming his way.
(5) My commitment in new job is either not less, appeal case may sound an opportunity to prove.
(6) How will MD react if appeal decision coming negative even after making the grants and advert.
(7) If we regret and appeal decision coming negative, MD might take ‗an opportunity slipped away‘.
(8) Commissioner hopes for a positive response from me as closely known and for appeal case.
(9) This may be an inducement which may influence appeal judgment of the Commissioner.
(10) Making grant and favorable appeal decision may sound buying the decision which is unlawful.
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
(11) Relationship with the Commissioner in future may turn lukewarm, if not sour, if I fail to meet.
(12) This is the first appeal; either party unhappy with the order shall make further appeal.
With the above in my mind. I now identify the various threats as I see in my handling the issue. Commissioner‘s request
for grant and advert for his school may be coined as a form of pressure for ‗inducement‘ to gain a favorable
appeal decision for my company, an element of intimidation threat. Commissioner's request is a commercial
pressure from outside, a sense of intimidation threat. My acquaintance with Commissioner and we both being in
same association may influence my decision to advise MD to agree, a case of familiarity threat. If Commissioner's
request is not met and appeal decision comes negative, MD may get upset this may cost my new job, issue of
self-interest threat.
I am a PAIB. obliged to comply all IESBA fundamental principles including Professional Behavior as it
imposes obligation on me to comply relevant regulations and avoid any action that may discredit my
profession. If I am seen to act ethically, demonstrating my professional obligation, my conduct may rather be
appreciated both by my MD and the Commissioner. I must work ethically above all doubts of identified
threat. In my evaluation, the threats identified are significant. I am in the middle of sensitive issue,
knowing that my MD would seek my advice when I would discuss the issue with him. My connection
for the grant decision (advising MD) and the matter between appeal decision and company benefits are deep
and significant. Nature of the issue is significant. I should not make an inducement which may hint a wrong
intent and may improperly influence the Commissioner in appeal decision. Although school would benefit,
not the Commissioner, both are associated. Smart group doesn’t have any social giveaway policy
to consider to assume as a safeguard for my advice to MD. If the inducement results into influence
to gain appeal decision for the company, it would be an unlawful act. Under the circumstances, I would handle
the situation in the following manner to uphold ethical principles:
I shall pass on Commissioner's request for grant and advert to my MD, brief him about pending appeal
decision with the Commissioner, my position as a PAIB and the ethical principles that apply to my
job. Finally, I shall advise my MD not to give in to Commissioner's request. I shall seek my MD‘s
permission to visit the Commissioner to communicate our decision to him.
I shall personally visit the Appeal Commissioner and shall also brief him about my ethical threats as
PAIB if responding to his requests at this moment. I shall tell him about the discussion me and my
MD have done on this. I shall convey him our wishes for the continued success of his social projects
including his school. Finally, I shall conclude the meeting with Commissioner after my final words
of regrets for not being able to respond to his requests under the circumstances, prominently pushed
by ethical threats.
(d)
Mr. Smart wants brief about tax law provisions with respect to imaginary options of `STL amalgamating with
―TTL‖ and `STL to acquire TTL assets‘ and `STL shareholders to acquire TTL shares‘.
SR to amalgamate with TTL: An amalgamation u/s 2(2) does not involve transfer of capital assets subject to
capital gain tax and also the carry-forward of amalgamating company loss is not legally possible u/s 42(4).
STL is transferor or amalgamating company, TTL is transferee or amalgamated company. Section 2(2) provided three
conditions: (i) all assets of STL shall become assets of merged TTL after merger, all liabilities of STL shall
become liabilities of merged TTL after merger, minimum 90% of the shareholders(in value) of STL shall become
shareholders of merged TTL after merger by issue from TTL. Vesting the STL assets on TTL does not meet the
definition of ‗transfer‘ in the law u/s 2(66) and, so, no capital gain tax arises u/s 31 and 32. There is no sale of
capital assets in amalgamation u/s 2(2). There is no 'price' paid for the assets vested. Amalgamated company
issues shares to shareholders of amalgamating company without any payment for shares: the assets of
amalgamating company vest in amalgamated without any payment.
There is no mutual transfer of ownership of one item for the ownership of another in an amalgamation.
However, if amalgamation scheme conditions for TTL make consideration to the shareholders of STL partly
STL to acquire TTL assets:Acquisition of assets involves tax liability on assets transfer on
Transferor / seller (TTL) and the carry-forward of the loss of the seller(TTL), if any, is not possible u/s
42(4). This is a deal of assets sale (entire TTL) to STL. Capital assets (as per agreement of assets and
consideration) transfer shall attract tax u/s 28, 31 and 32. If the assets consideration is shown lower to avoid
VAT and duties, section 19(8) may be applied for fair market value application. The right to carry forward
loss lies with the company which makes loss. So, TTL loss, if any, cannot be carried forward by STL after
TTL is bought over. Section 42(4) only allows the carry-forward facility in the case when a company is
succeeded by other by inheritance, not on ordinary asset sale.
STL to acquire TTL shares: Taking ownership by shares are two routes subscription from company and
transfer from the shareholders. In share subscription from company, no tax incurs on allotting company on the
receipt of subscription amount. If it is transfer of shares from shareholders (say, TTL shareholders to STL
shareholders), transfer attracts ‗capital gain tax‘ on the transfer u/s 31, 32, tax being on the seller. Re carry-
forward of loss of selling company (say, TTL), if any, the buyer (say, STL) cannot carry forward such loss
u/s 42(4), 38. Its is the right of the company to carry forward loss only which suffers it (here it is TTL)
and ‗continuity of same business in which the loss is incurred‘ is a condition for carry-forward which
practically ceases after TTL is bought by STL by way of share acquisition.
13 You are a Chartered Accountant and working in Y Ltd. (―Company‖) as a tax manager. The May
Company is engaged in the business of export of the goods manufactured by itself. The Jun
bank, through which export proceeds of Y Ltd. is received, deducts tax at the specified rate 2015
from the total export proceeds in accordance with the provisions of section 53BB of the
Income Tax Ordinance (―ITO‖), 1984. The export proceeds net of income tax deducted at
source under Sec.53BB received by Y Ltd. during the income year 2016-17 came to
Tk.100,000,000. Export income of Y Ltd. falls under the scope of section 82C of the ITO,
1984. Generally, the Company does not have additional income from export as referred to
in section 82C (6) of the ITO, 1984.
In the income year 2016-17, a warehouse owned by the Company since 1/7/2016 was
leased out to another company for a term of 3 years from 1/7/2016 at a monthly rent of
Tk.100,000 with an advance rental payment of Tk.900,000 to be adjusted with monthly
rental payments over 3 years. Y Ltd. received rent for the income year 2016-2017, but no
tax was deducted at source from the rent paid by the lessee. Nor any VAT was paid on the
rent. The repair cost of Tk.15,000, municipal tax of Tk.10,000 and insurance premium of
Tk.1,000 were paid for the warehouse during the income year 2016-17.
The net profit before tax for the year as per the draft financial statements for the income
year came to Tk.3,304,000. The net profit as per income tax comes to the same amount,
assuming no penalty/liability (if any) for non-deduction of tax at source by the tenant and
for non-payment of VAT. There is a tax refundable of Tk.150,000 for the last assessment
year 2016-17. The income (including advance) from warehouse and its related expenses
were deposited/paid out in cash into/from an undisclosed bank account of Y Ltd. and have
not been included in the draft financial statements. The purchase money of Tk.50,000,000
(total accumulated undeclared income of Y Ltd. over the last 2 assessment years) for the
warehouse was also paid from the same bank account.
The management of Y Ltd. is thinking of assessment of income of the Company for the
income year 2016-2017 under section 82C of the ITO, 1984, upon considering the tax
collected at source by the bank from the export proceeds as final discharge of tax liability.
In a meeting with the management team of Y Ltd. on tax issues, you have been asked to
consider whether it is possible to ignore income from house property so that no demand for
additional income tax arises. To discuss the issue further, a meeting would be held next
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
week.
Requirements:
Calculate the total income tax liability and further income tax amount payable after
adjustment of any amount(s) as per income tax law. Assume that the undeclared/
undisclosed income as above will now be declared/disclosed.
14 Wahab& Co. Limited, a listed public limited company with its registered office in Dhaka, has Nov
shown net profit of Tk. 837,413 in the audited accounts for the income year ended June 30, Dec
2017. 2012
You are required to compute total income and tax payable on correct return u/s 82 of the ITO
1984 indicating the assessment year and after considering the following facts :
a) Excess perquisites calculated u/s 30(e) Tk. 145,000
b) Salaries and allowances of Tk. 176,000 paid without complying with the provisions of section
30(a)
c) Registration expenses and fees include Tk. 215,701 found to be personal entertainment in
nature.
d) Advertisement and publicity expenses include Tk. 125,000 as donation to a local sports club.
e) Gratuity provision during the year is Tk. 677,937 but actual payment is 276,434.
f) Rent, rates and taxes claimed at Tk. 368,212 out of which Tk. 214,640 paid as rent without
complying the provision of section 53A of the ITO 1984.
g) Accounting depreciation as per audited accounts is Tk. 2,979,211 and tax depreciation as
calculated with reference to previous year assessment is Tk. 3,727,422.
h) Technical fee of Tk. 210,000 paid to foreign collaborators charged in the accounts.
i) Export turnover was 10% of the total sales of the company.
j) The company declared 60% dividend for the year.
Wahab& Co. Limited: A Listed Public Company.
Income Year ended June 30, 2017
Assessment Year 2017 - 2018
Company paid advance tax taka 500,000/= during the income year.
(b)Silkway Toiletries Ltd.(STL) and its Managing Director own Silkway Chemical Ltd.
for 80% and 20% equity respectively. In the attempt to consolidate the business in the
face of closure of the Chemical subsidiary, the shareholders of Silkway Chemical Ltd.
resolved to wind up the subsidiary voluntarily vide EGM dated 31.08.2017. STL and its
MD acquired shares of SCL four years ago at 10% premium over the par value. Factory
land was registered to the shareholders at market value. Liquidator closed his account on
30.11.17 having paid off all liabilities as they are and disposed of all assets. Expenses
incurred during winding up process taka 100,000/= Net assets on EGM date prior to the
distribution to shareholders were as follows:
ASSETS:
Machineries net taka 500,000 (Original cost taka 4,500,000, Sold by Liquidator taka
300,000). Factory land taka 5,000,000 (market value taka 8,500,000/=). Cash and Bank
balance taka 1,500,000. Due from Silkway Toiletries Ltd. taka 1,000,000 against
chemical sale (r/m for toiletries)
LIABILITIES:
Share capital taka 5,000,000 (taka100 share). General Reserve taka 500,000. P&L App
taka 1,500,000. Payables to employees taka 500,000/=. VAT liability taka 500,000.
Requirements:
i)Compute total income and tax liability of Silkway Toiletries Ltd separately
showing computation of excess or shortfall of advance tax and explanation for
consequence.
ii)Show distribution upon liquidation, tax implication on Silkway Chemical Ltd. and
shareholders.
[3]Insurance premium paid to Insurance company is not subject to tds and that's why not disallowed u/s
30(aa)
[4]Exchange loss is allowable business loss as per section 29, so not disallowed.
[5]Bad debt Tk.2,00,000/( dues from missing supplier)is in connection with business, so allowed.
[6]Depreciation on leaseholdvehicles is allowable as per Third Schedule as it is finance lease. The
indication is that it was registered in the name of the company.
[7]Free sample exp. is within the limit prescribed at Rule-65, so nothing is disallowed from here.
[8]Interest on overdraft is allowable expenditure as per section 29 as business expenditure
[11] Dividend from Alternative Investment Fund (AIF) is taxable @ 20%. It should be noted here
b.
2,800,000
OUTFLOW:
Expense 100,000
VAT paid 500,000
Payable settled 500,000
1,100,000
NET cash Available for Distribution 1,700,000
Distribution to Shareholders:
Total Silkway Toiletries Ltd. MD of STL
Ownership 80% 20%
Net Fund 1,700,000 1,360,000 340,000
Factory land 8,500,000 6,800,000 1,700,000
10,200,000 8,160,000 2,040,000
NOTE:
Machinery sold for 300,000/ against WDV 500,000/. Therefore, revenue loss taka 200,000/ (3rd Sch (
para-10) Factory land transferred at market value of Tk. 85,00,000/= against COA 50,00,000/ =
35,00,000/ is capital gains on Silkway Chemical Limited upon distribution of assets upon liquidation.
Total Silkway Toiletries Ltd. MD of STL
Amount of share capital in the company 5,000,000 4,000,000 1,000,000
No. of shares at taka 100 each 50,000 40,000 10,000
Cost of share to the shareholders at 10% premium 4,400,000 1,100,000
Deemed Dividend u/s 2(26) on the distribution:
Total assets value distributed to the shareholders 10,200,000 8,160,000 2,040,000
Less: Deemed DIV upto the accumulated profits 2,000,000 1,600,000 400,000
Balance after deemed dividend 8,200,000 6,560,000 1,640,000
Less: Share investment value (COA u/s 32(2)(i) 4,400,000 1,100,000
Balance -- Capital Gain u/s 31,32 in the hands 2,160,000 540,000
S/H
16 XYZ Ltd., a private company, is engaged in business segments that cover (i) mfg/trading of ceramic May June
tiles, (ii) mfg/export of leather products and (iii) international trading. Net profit of the company for 2017
the year ended 30.06.2017 is taka 50,00,000 after giving effect of the following items as
appropriate in the books:
i) License fee taka five lacs incurred for obtaining five-year franchise on 15 July 2016
ii) Paid cash Taka 50,000 to transport operator, Taka 150,000 to chemical supplier used in
tiles mfg.
iii) Rent taka five lacs received from letting out a part of its office premises.
Municipal tax in respect of the said part of the building amounting to taka 10,000
remains unpaid.
iv) Taka three lacs, being loss due to destruction of a machinery caused by a fire. The
insurance company compensated taka two lacs against the fire loss claim.
v) Taka 4 lacs and one lac being amounts waived by Janata Bank Ltd. out of principal and
arrear interest respectively in one-time settlement. Loan was obtained for working capital
need five years back.
vi) Dividend of taka 10,000 from Dell Ltd. on 1,000 equity shares of taka 10 each purchased at
taka 100 per share on 10th October, 2016. Dividend declared is 100%, the record date being
01.12.2016. Shares were sold on 1st March 2017 at taka 80 per share. Loss of taka 20,000
has been debited to PL account.
vii) Taka 50,000 paid to vendor of Office supplies on which VAT was not deducted.
viii) Depreciation on tangible fixed assets taka one lac including taka 50,000 on assets
revaluation.
ix) Taka 50,000 compensation paid to UK supplier for cancellation of machinery import
contract from UK.
x) Provision for deferred tax taka 1,00,000.
Additional Information gathered with respect to XYZ Ltd. for accounting year ended on
30.06.2017:
a. Depreciation on tangible fixed assets for the income year(relating to units other
than trading unit) as per income tax rules taka 1.75 lac.
b. Company obtained a loan of taka two lacs from ZXY Pvt Ltd. in which it holds
30% voting rights. Accumulated profits of ZXY Pvt Ltd. on the date of receipt of
loan was taka 50,000.
c. Company exports leather products to Spain. Balance Sheet (General Reserve:
Surplus on Devaluation) shows a credit of taka 1,75,000, amount realized and
brought in the income year from a Spanish customer as surplus on a/c of the
devaluation of BDT in 2015.
d. Company suffered heavy loss in its international trading segment. It was closed
down and the fixed assets linked to this trading unit were sold out. Company
claimed unabsorbed depreciation (on a/c of trading unit assets) of taka 50,000 in
the Return of income. Its not debited to PL a/c.
e. Under a debt restructuring with Agrani bank, the company converted arrears
interest taka 3,00,000 on term loan into a new term loan with a revised repayment
schedule. Company paid taka 50,000 towards such funded interest during the
year. Entire taka 3,00,000 debited to PL account.
f. Provision for bonus for the income year ended 30.06.2016, disallowed in same
income year, paid during the year ended 30.06.2017 taka 1,00,000.
g. Assessed brought-forward losses and unabsorbed depreciation as follows:
Losses Unabsorbed
Income Year Brought Forward Depreciation
2013-14 2 lacs 1 lacs
2014-15 ---- 3 lacs
2015-16 4 lacs 1.5lacs
Total taka 6 lacs taka 5.5 lacs
Company also incurred taka 5,00,000 as legal fees as a member of Tannery association to
contest the court case which it lost. These payments shall hit accounts of the current income
year.
Planned Expansion on a Retailing unit: Company‘s ceramic tiles is not selling that well through
its dealers. Management of XYZ Pvt Ltd. identified the probable causes to such slide in
business. Management considers that a watertight retailing entity with selling focus may make a
turnaround. Being tax manager of XYZ Ltd, you are tasked to bottom up a report to
management on ‗optimum capital structure‘ for a new retailing unit which maximizes the wealth
and minimizes the cost of capital. Your look out is to strike a balance among risk, cost, control
and tax consideration arriving at a most tax-efficient model. Estimated initial fund required is
taka One crore. You are aware that BSEC introduced BSEC (Alternative Investment) Rules
2015 to open up Private Equity and Venture Capital (VC) Firm operations. Management spoke
to a VC firm who agreed to provide equity-linked debt. Available sources are 100% equity, or a
tax-efficient mixture of equity, VC Firm borrowing (interest 8%) and bank loan (interest 10%).
Expected RoI (EBIT basis) is 20%. Dividend trend in the same sector is 15%, assume tax rate
35%.
Requirements:
a) Compute total income of XYZ Ltd. for Assessment Year 2017-18. Show reasons for
treatment
b) With respect to tannery unit transfer, give your comment with explanations on whether
company can claim deductions of taka 25,00,000 and taka 5,00,000 in the current
income year tax return.
c) Suggest as a tax planner most tax-efficient and above-the-dividend-trend alternative for
new retail entity supported by detailed computations. Work out on three given
alternatives
(A : 100% equity,
B: 40% equity+40% VC Debt+20%loan, C: 20% equity+30% VC Debt+50% loan).
Answer:
ASSESSES: XYZ Pvt. Limited
Computation of Total Income
Income Year Ended on 30.06.2017. [Assessment Year: 2017-2018]
in Taka
A. Income from House property u/s 24
Annual Value from premises rental (assumed reasonable) 5,00,000
Less: [ I ] Repairs & maintenance 30% of A.V. (assumed spent) 1,50,000
[2] Municipal tax levied but not paid
[Being permissible allowance without proof of actual payment u/s 25(e)] 10,000
(1,60,000)
Net taxable Income from HP: 3,40,000
B. Income from Business u/s 28:
Net Profit as per PL a/c 50,00,000
LESS: Income for consideration at separate head:
[1] Rental income (for consideration at HP income head) 5,00.000
[2]Interest waiver by bank (as it is not income u/s 19(11) 1,00,000
[3]Cash dividend (for consideration at other income head) 10,000
(6,10,000)
[2] There is no violation of section 30(aa) of ITO, 1984 for non-deduction of VAT at source Tk. 50,000 paid
to vendor of office supplies with effect from the assessment year 2017-18 and accordingly not disallowed
u/s 30(aa).
[3] Provision for bonus taka 1,00,000 was disallowed earlier year. This year though paid but not reflected in this
year's accounts as it is earlier year's expense. There is no provision to allow it as this year's expense u/s 29
of ITO,1984. So no tax treatment needed this year.
[4] Company claimed unabsorbed depreciation (on a/c of trading unit assets) of taka 50,000 in the Return of
income but not debited to PL a/c. No action is required as it is not allowable as per 3rd schedule.
[6] Legal fee against Govt. decision to move tannery to Savar is allowable expenditure assuming that the cost
of the case was borne by the tannery association as per verdict of the honorable court. So it will not matter
whether they win or lose. The expenditure is fully related to business and accordingly allowable
expenditure.
[7] No tax treatment is needed in case of loan+interest waived by Janata Bank as per 1 stproviso of section
19(11) of IT0,1984.
[8] There is no tax implication of Tk.1,75,000 brought in the income year from a Spanish customer as per
Schedule(Part-A) para-48 assuming that it was brought through official channel.
b)
[1] Expenditure relating to shifting/relocating tannery to Savar is capital in nature. So it is not allowable
expenditure as per section 29 of ITO,1984
[2] Legal fee against Govt. decision to move tannery to Savar is allowable expenditure assuming that the cost
of the case was borne by the tannery association as per verdict of the honorable court. So it will not matter
whether they win or lose. The expenditure is related to business and accordingly allowable expenditure.
c)
PARTICULARS Alternative A Alternative B Alternative C
Taka Taka Taka
Share Capital 10,000,000 4,000,000 2,000,000
Bank Loan 2,000,000 5,000,000
VC Firm Debt 4,000,000 3,000,000
Total investment 10,000,000 10,000,000 10.000,000
Debt-Equity ratio
Return on Investment (EBIT basis) 20% 2,000,000 2.000,000 2,000,000
LESS:
Bank loan interest 10% - 200,000 500,000
VC Firm Debt 8% - 320,000 240,000
Total - 520,000 740,000
Net Income 2,000,000 1,480,000 1,260,000
Income tax 35% 700,000 518,000 441,000
Return on Equity Share Capital 1,300,000 962,000 819,000
Rate of Return on Equity (before
13% 24% 41%
dividend tax)
So, Alternative C is the most tax-beneficial Capital Structure (least tax. highest ROI).
Statement of Financial position (31-12-2016) reflect BA Ltd. (in 000) R/E (taka
60,000,000), equity (taka 14,000,000).
Further Findings from the records of the income year of AR LTD.:
i) Operating expense includes taka 500,000 paid to a lawyer for services
involved in acquisition of Khulna office.
ii) Representative of two shareholding companies (AR (Pvt.) Ltd. and DNT)
visited Dhaka when the talk of merger was brewed. Company paid taka
2,500,000 to Radisson on a/c of visitors, charged to admin expense.
iii) Non-ops income includes amount after tds taka 100,000 paid to a Valuer for
valuation of assets disposed.
iv) Admin expense includes taka 150,000 interest levied for late filing of tax
return and non-payment of advance tax.
v) Net finance expense includes taka 500,000 paid as interest on a/c of a
deferred payment scheme for acquiring imported cellular equipments which
are already received and installed.
vi) Cost of revenue includes accrual taka 5,000,000 BTRC annual license fee,
tds undone, payment due by Jan/2017.
vii) Operating expense includes taka 150,000 paid to a stationery goods supplier, tds not
done.
viii)Operating expense includes taka 500,000 paid to a vendor but without
deducting/paying VAT thereon. 30(aa)
ix) Company missed to write off in the books a loss of taka 500,000/= on capital
assets sold during the income year. An amount of depreciation taka
300,000/= was charged in income year on the same capital asset sold.
Requirements:
a) Calculate total income and tax payable of AR Ltd. for income year ended
31.12.2016. Explanations/assumptions/relevant sections/case ref, if any, in
support of your adjustments should be given.
Consider Exhibit 1. Write your views in the light of the I.T. Ordinance: (i) Whether
difference shall attract tax if value of shares received from AR Ltd. by shareholders
of BA Ltd. is more than the value of net assets of BA Ltd. amalgamated with AR
Ltd. (ii) Whether AR Ltd. is entitled to carry forward losses/unabsorbed depreciation
of BA Ltd. for set off against taxable profit of the transferee after amalgamation.
EXHIBIT 1 (In connection with Question No. 1)
Court approved a scheme of amalgamation under Companies Act 1994 between
AR Ltd. (Petitioner 1) and BA Ltd. (Petitioner 2). Currently, AR Ltd. (Petitioner
1) is owned by a Singapore-based company, AR (Pvt.) Ltd. (91%) and a Korean
company, DNT (9%). BA Ltd. (Petitioner 2) is owned by AB Singapore (Pvt.)
Ltd. (98%) and Mr. X of UK (2%). Petitioner 2(transferor) shall be merged into
Petitioner 1(transferee). Pre-merger and post-merger ownership structure are as
follows:
EXHIBIT 2
SIM Kitting service unit ‘S’ of BA Ltd.:
BA Ltd. (transferor) has a small warehouse SIM kitting unit ―S‖ within its
operation. Amalgamation deal agreed not to carry on such non-core operation with
the merged entity and concluded that the deal steering committee would sell ―S‖
unit and the resulting tax, if any, shall be settled by transferee company. Within BA
Ltd. Balance Sheet, assets and liabilities on a/c of ―S‖ unit are (BDT): Non-current
liability 1,500,000, Fixed Assets 4,000,000 which includes a 1,000 sft warehouse
land space bought for bdt 1,000,000 in January 2014 (revalued bdt 1,500,000 in
Jan/2015), furniture & fixture net 300,000 (gross 500,000), electrical appliance net
320,000 (gross 400,000) and balance is other fixed assets WDV. Current assets:
Inventory of SIM and kitting materials bdt 250,000, Bank balance (150,000).
Merger steering committee has done a slump sale deal (lock, stock & barrel) with
―MP Ltd. Ltd.‖ to sell Unit ―S‖ operations of BA LTD. in April 2017 (before
―Effective Date‖ of Amalgamation). Consideration is BDT 5,000,000/=. ―S‖ unit
capital assets are depreciated u/s 29(1)(viii). Committee paid a lawyer net-of-tax fee
bdt 50,000 for deal advice.
Note:
There is no scope to consider loss on sale of assets Tk. 500,000 due to lack of information relating
to written down value and sales price of assets already sold.
Tax calculation
c)
Computation of Gain and Tax Liability on 'S' Unit Slump Sale to MP Ltd.
Sales proceeds 5,000,000
Less: Net worth of ‗S' unit
Floor space value (ignoring revaluation) 1,000,000
WD V of other assets:
Furniture & Fixture (gross 500,000) 300,000
Electric appliance (gross 400,000) 320,000
Other fixed assets (40,00,000-15,00,000-3,00,000-3,20,000) 1,880,000
Inventory 250,000
Bank balance (150,000)
Value of total assets 3,600,000
Less: Liabilities
Liability of ‗S' unit 1,500,000
Legal expense gross [50,000x100/90] 55,555 1,555,555 2,044,445
AR Ltd. is not entitled to carry forward the losses and unabsorbed depreciation of BA Ltd. Such
amalgamation does not meet the conditions of Section 42(4) of the Ordinance to do carry-forward
and set-off. Upon amalgamation gets effective, BA Ltd. becomes dissolved and discontinued. Section
42(4) allows the carry-forward facility in the case when a company is succeeded by inheritance.
Although this amalgamation scheme (court approved) describes the carry-forward entitlement of AR
Ltd. to claim benefit of the brought forward losses or/and unabsorbed depreciation, it made subject to
admissibility of the same under the provisions of IT Ordinance, 1984. Section 42(4) limits such carry-
forward benefit by person, if not by inheritance.
(d)
Amalgamation of BA Ltd. with AR Ltd. under the approved scheme meets condition of
amalgamation as per section 2(2) of IT Ordinance. Although all assets and liabilities of BA Ltd. get
vested on the AR Ltd., such amalgamation does not meet definition of 'transfer' u/s 2(66) of the law.
There is no sale of assets in amalgamation, nor any price paid by AR Ltd. for the assets vested. So,
there will be no capital gain tax on such transfer or even if the value of the shares issued to the
shareholders of BA Ltd. is more than the net value of assets vested in the merged transferee,
Courtesy: Saiful Islam Mozumder, ShirazkhanBasak& Co. smozumder@outlook.com cell-01711-981920
AR Ltd. is not entitled to carry forward the losses and unabsorbed depreciation of BA Ltd. Such