an overview of tax administration in sri lanka taxes.pdflegislation act no. 9 of 2009 effective from...

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Mahesh Ranawaka

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  • Mahesh Ranawaka

  • Nation Building Tax (NBT)

    Economic Service Charges ( ESC)

    Stamp Duty

    Withholding Tax (WHT)

  • Scope …..

    Payable by every person (company, body

    of person , dealer or Partnership and

    individual) who…..

    Imports of any article

    Carries on the business of

    Manufacture of any article

    Providing a service of any

    description

    Wholesale and Retail of any

    article(w. e .f 01/01/2011)

  • Legislation

    Act No. 9 of 2009

    Effective from 1st of February2009

    Amendment Act. No. 32 of 2009

    Amendment Act. No. 10 of 2011

    Amendment Act. No. 09 of 2012

    Amendment Act No. 11 of 2013

  • Chargeability

    Every liable person whose liable turnover

    for any quarter exceeds

    (i) Rs.3,000,000 per qtr from 01.01.2012

    for

    Manufacturers, Service providers,

    Whole Sellers & Retail Sales traders

  • Chargeability Cont..

    From 01.01.2011

    Operating a Hotel, Guest house,

    Restaurant or other similar business,

    Supply of Labour (manpower),Providing

    Educational services, etc... Turnover

    Exceeds 25 Mn for a Quarter

    Wholesale & Retail - 50% out of the liable

    turnover

    Distributors - 25% out of the liable

    turnover

  • Calculation of NBT

    Liable Turnover * 2% xxx

    Less:

    Tax Credits xxx

    Tax Payable xxx

    Less:

    Installments payable xxx

    Unabsorbed tax credit xxx xxx

    Balance Tax Payable xxx

  • Liable Turnover

    In the case of manufacturer, service

    provider , Dealer or Buying & Seller

    proceeds receivable whether received

    or not

    Other than

    Bad debts, VAT and Excise Duty

    In the case of importer

    the value of any article ascertained

    under section 6 of the Value Added Tax

    Act for the purpose of importation.

  • Tax Rates

    ● 1% - 01/02/2009 - 30/04/2009

    ● 3 % - From 01/05/2009 - 31/12/2010

    ● 1.5% - Concessionary Rate From

    01/07/2009 to 31/12/2010 (Only

    for local rice production)

    ● 2% - 01/01/2011 for all sectors

  • Credit for NBT

    Only for Manufacturers

    ◦ Article imported

    ◦ Article purchased from the registeredmanufacturer

    ◦Whole Sale / Retail, Service providers arenot entitled for any credit for NBT paid by

    them.

    Refund

    ◦ No refund will be made to any registeredperson but excess payment can be

    carried forward for setting off.

  • VAT Act Section 06

    CIF value + Customs Duty + CESS +

    PAL + S. Excise any other duty

    payable to customs + 10% of the CIF

    value (mark up)

  • NBT Calculation

    1. 100 - 2% = 2

    2. 100

    2

    102 X 2% = 2.04

    3. 100

    2.04

    102.04 X 2% = 2.0408

    100 X 2 % = 2.04

    98

  • Return & Payment

    Return

    submit on 20th dates of the month

    immediately succeeding the end of the

    relevant quarter.

    (Quarterly Basis)

    Payment

    Self payment on first two months and

    balance payment have to be paid on 20th

    date of the month immediately succeeding

    the end of the relevant quarter.

  • Adjustment for Income Tax

    Gazette No. 1606/31 dated 09/06/2009

    Y. A 08/09 No adjustment

    09/10 2/3 payable not

    allowed

    (w.e.f. 1/05/2009)

    10/11 2/3 payable for first 09

    month not allowed

    11/12 Fully allowed

  • Charge based on Turnover of the

    business from 2006/07 on ward

  • Legislation

    Economic Service Charge (ESC) Act

    No. 13 of 2006 &

    Economic Service Charge

    Amendment Acts

    No. 15 of 2007

    No. 11 of 2008

    No. 16 of 2009

    No. 11 of 2011

    No. 06 of 2013

  • Liability of ESC

    Tax should be paid on liable turnover.

    Liable threshold for ESC is Rs.50Mn

    per Quarter.

    Tax Rate is 0.5% of the turnover.

  • Calculation of Tax

    = Liable Turnover * 0.5%

  • Liable Turnover For ESC

    The amount receivable, whether actually

    received or not from every transaction

    entered into within the relevant quarter

    with regard to the trade, business,

    profession or vocation carried

    after deducting the following amount.

    VAT included in the turnover

    Proceeds of the sale of capital assets.

    Bad debts (bad debt recoveries shall taken)

  • Payments & Returns of ESC

    Payments,

    1st Quarter – 20th July

    2nd Quarter – 20th October

    3rd Quarter – 20th January

    4th Quarter – 20th April

    Return,

    Annual Return - 30th April

    (Annual Basis)

  • Exemption from ESC

    The turnover from the following

    businesses will be exempt from ESC.

    ◦ Distributors as defined in the ESC Act

    ◦ Dealers in Lottery

    ◦ Unit Trust or Mutual Fund

    ◦ All Air Lines & Shipping Lines

    ◦ Life Insurance Premium

    22

  • Sett off against Income Tax

    Amount paid as ESC on the turnover

    which can be set off against the

    income tax liability within 5 years of

    assessment

    From the year of assessment in which

    such ESC payment made

  • Govr. was abolished in 2002 and

    reintroduced in 2006.

    Stamp Duty (Special Provision)Act No.12

    of 2006 with effected on01.04.2006.

    Tax charge by the Provincial Council,

    Revenue authority.

    If Assessor is opinion that an instrument

    has not been duly stamped , he shall

    issue a notice assessing the amount of

    understated Stamp Duty

  • Who shall pay……

    Payable by,

    In the case of a policy of Insurance,

    person effecting the insurance.

    In the case of a transfer or assignment of

    any share, transferee or assignee of such

    share.

    In the Case of Leasing, Lessee.

    In the case of claim, demand or request

    by service provider of credit card, card

    holder.

    In all other cases, person drawing, making

  • Stamp Duty…. Affidavit RS.25

    Policy of Insurance Rs.o.50 for

    each 1000

    Notary Warrant Rs.1000

    Credit Card Rs. 10 for

    every 1000

    Mortgage Rs.1 for every

    1000

    Issue, Transfer or Assignment of Rs. 5 for every

    any shares 1000

    Receipt or discharge given

    ◦ Up to Rs. 25,000 Exempt

    ◦ Above Rs. 25,000 Rs. 25

  • PAYE on employment Benefit

    PAYE on Director Fee

    Rs. 25000 or below 10%

    Rs. 25,000 or above 16%

    10% on Rent Income

    10% on Winning from Lottery (

    Amount more than 500,000)

    WHT on Interest Income