New tax legislation for the financial year 2015/16
Transcription
New tax legislation for the financial year 2015/16
New tax legislation for the financial year 2015/16 Sebastian Pawlita 8 April 2015 Recently y enacted legislation g • • • • Ministry y of Finance Notification 180/2015 Law Amending the Sea Customs Act (Law 13/2015) Law Amending the Road Customs Act (Law 14/2015) Law Amending the Land and Revenue Act (Law 15/2015) • 2015 Tax of the Union Law (Law 17/2015) • Law Amending the Commercial Tax Law (Law 18/2015)) Overview • MoF Notification 180/2015 ((commercial tax)) – Service companies may set off commercial tax – Reverse-charge mechanism (sort of) for non-resident service providers – Obligation for all businesses to issue receipts that are (i) either from a pre-approved receipts booklet or (ii) to which a prepurchased revenue stamp is affixed • 2015 Tax of the Union Law (commercial tax) – – Change of the tax rate with regard to the sale and the import of certain i goods d (e.g. ( cigarettes, i li liquor) ) Decrease of the tax rate with regard to the export of gem stones and gem stone products Overview • 2015 Tax of the Union Law ((commercial tax)) continued – – – – Sale of buildings by developers subject to 3% commercial tax Export of electricity subject to 8% commercial tax Four lines of services no longer exempt from commercial tax Abolition of the preferential tax rate of 2% on the production and sale of goods by local entrepreneurs • Law Amending g the Commercial Tax Law – New penalties Overview • 2015 Tax of the Union Law ((income tax)) – – – – – Harmonization of tax rates for residents and non-residents In particular: Capital gains of non-residents now only taxed at 10% Increase of caps/thresholds/allowances Salary income of non-resident Myanmar nationals not subject to income tax any more Rental income of individuals taxed at 10% Changes to commercial tax: Service companies may sett off ff commercial i l tax t • MoF Notification 180/2015: "A service p provider may y set off, with the tax imposed on the service provided by him, the tax which he paid for the matters used to provide the service service" Changes to commercial tax: Service companies may sett off ff commercial i l tax t • Example: p A construction company p y invoices 100+5 to a tower company who invoices 300+15 to Ooredoo. The tower company only has to pay 15-5=10 to the tax office. office Services Construction Construction company Services Tower Tower company Money: 100+5 Money: 15‐5=10 15 5 10 Tax office Ooredoo Money: 300+15 Changes to commercial tax: Service companies may sett off ff commercial i l tax t • Requirements: q – – Construction company: Must prepare 3 "evidence certificates" on a prescribed form, and – send the original to the tower company, company – send a copy to the township revenue officer in charge of the tower company, – keep the remaining copy Tower company: Must send copy of the evidence certificate and a form detailing the set-off to the township revenue officer Changes to commercial tax: Service companies may sett off ff commercial i l tax t • Questions: Q – – – – What happens if the construction company invoices the tower company in March and the tower company invoices Ooredoo in April? p The tower company purchases a diesel generator. Can the tower company set off the commercial tax charged by the seller? The tower company uses the services of a lawyer. lawyer Can the tower company set off the commercial tax charged by the lawyer? Can manufacturers and traders set off commercial tax invoiced by service companies? Changes to commercial tax: Reverse-charge mechanism h i (sort ( t of) f) Service provider Sends employees to Myanmar to provide services Pays invoice 100 Sends invoice 100+5 Service recipient Pays comm. tax 5 Tax office Abroad Myanmar Changes to commercial tax: Reverse-charge mechanism h i (sort ( t of) f) • New section 3(c) ( ) Commercial Tax Regulations: g The "representative" (i.e. the recipient of the services in Myanmar) must register the foreign service provider • Mechanism: – – – – Foreign service provider sends invoice with 5% commercial tax Myanmar service recipient uses this invoice to register the foreign service provider Myanmar service recipient pays foreign service provider without 5% commercial tax Foreign service provider sends invoice with 5% commercial tax Changes to commercial tax: Reversed-charge mechanism h i (sort ( t of) f) • Mechanism (continued): ( ) – – – Myanmar service recipient pays 5% commercial tax in bank account of tax authorities using payment challan in the name of the foreign g service p provider Foreign service provider sends letter (no specified form) to Myanmar service provider allowing set-off With the payment challan and the letter, letter Myanmar service recipient can set off commercial tax (if he has output tax) Changes to commercial tax: "Restaurant rules" expanded d d to t all ll businesses b i • Restaurants have to p pay y commercial tax as follows: – Method 1: – Sending, Sending in advance, advance the receipts booklet (one original and two duplicate receipt forms on paper of the same size in different colours bound as a booklet) to the township revenue office so that the township revenue office can stamp it with its seal – Obtaining, in advance, payment notice forms ("payment challans")) and declaration forms from the township revenue challans office – Collecting the money (inclusive of commercial tax) from the customer Changes to commercial tax: "Restaurant rules" expanded d d to t all ll businesses b i – Method 1 (continued): – Handing over the original of a receipt from the receipts booklet to the customer – Depositing p g the commercial tax collected during g the month with a bank together with a payment challan within 10 days after the end of the month – Filing g q quarterly y declarations which contain the challan numbers within 1 month after the end of the quarter Changes to commercial tax: "Restaurant rules" expanded d d to t all ll businesses b i – Method 2: – Purchasing revenue stamps from the township revenue office in advance – Collecting g the money y ((inclusive of commercial tax)) from the customer – Handing over a receipt to the customer to which revenue stamps p with a value equivalent q to the commercial tax due are affixed Changes to commercial tax: "Restaurant rules" expanded d d to t all ll businesses b i • MoF Notification 180/2015: "A manufacturer,, trader or service provider who earns assessable revenue from sales or from services" shall collect commercial tax according to the "restaurant restaurant rules rules" • MoF Notification was issued on 21 January 2015 and came "into force with effect from the 2014/15 financial year" Changes to commercial tax: "Restaurant rules" expanded d d to t all ll businesses b i • We do not issue receipts. p We issue invoices;; our customers transfer the money to our bank account. What do we do? – – Theoretically, there is an obligation to issue receipts (section 32 Theoretically Commercial Tax Law as amended by the 2014 Tax of the Union Law) MoF Notification 180/2015 states that that taxpayers "who who do not issue receipts" may, with the approval from certain senior tax officers, instead "systematically keep accounts of the money collected daily using a specified form form" Changes to commercial tax: "Restaurant rules" expanded d d to t all ll businesses b i • Penalties for non-compliance p – – Law Amending the Commercial Tax Law: Penalties for not giving receipts and for giving receipts without revenue stamps stuck on Informers rewarded with part of the penalties Changes g to commercial tax: Sale of "special p goods" g • MoF Notification 180/2015: The p producer or importer p of cigarettes, tobacco, cured Virginia tobacco, cheroots, cigars, pipe tobacco, betel chewing preparations liquor, preparations, liquor beer or wine must affix a revenue stamp to them before selling these goods Changes to commercial tax: Changes to the tax rate according di to t the th 2015 Tax T off the th Union U i Law L Goods Domestic Domestic production and subsequent sale Import Resale Export Cigarettes Old: 100%, new: 120% Old: 100%, new: 120% Old/new: 5% Old/new: 0% Tobacco, betel, liquor, beer Old: 50%, new: 60% Old: 50%, new: 60% Old/new: 5% Old/new: 0% Precious P i stones Old: 30%, Old 30% new: 15% Old: 30%, Old 30% new: 15% Old/ Old/new: 5% 5% Old: 30%, Old 30% new: 15% Jewelry Old: 15%, new: 5% new: 5% Old: 15%, new: 5% new: 5% Old/new: 5% Old: 15%, new: 5% new: 5% Changes to commercial tax: Changes to the tax rate according di to t the th 2015 Tax T off the th Union U i Law L Goods Domestic Domestic production and subsequent sale Import Resale Export Electricity Old/new: 5% Old/new: 5% Old/new: 5% Old: 0% New: 8% Buildings Old: 5% New: 3% N.A. Old/new: 5% N.A. Changes to commercial tax: Changes to the tax rate according di to t the th 2015 Tax T off the th Union U i Law L Service Old tax rate New tax rate Information technology services Exempt 5% Technology and management consultancy gy g y services Exempt p 5% Container transport services Exempt 5% Licensed slaughtering of animals slaughtering of animals Exempt 5% Changes to commercial tax: Other changes according t the to th 2015 T Tax off the th U Union i L Law • Abolition of the p preferential tax rate of 2% on the production and sale of goods by local entrepreneurs • Few amendments to the list of goods (mainly agricultural products) whose production and subsequent sale is tax tax-exempt exempt • Increase of the revenue cap for being considered a commercial tax-exempt small business from kyats 15,000,000 to now kyats 20,000,000 per financial year Changes to income tax law: Changes of the tax rate according di to t the th 2015 Tax T off the th Union U i Law L Type yp of income Tax rate resident Tax rate non‐ resident Tax rate branch of a foreign company Employment income Old/new: 0‐25% Old: 35% new: 0‐25% N.A. Capital gains Old/new: 10% Old: 40% new: 10% 10% Old: 40% new: 10% 10% Capital gains in the oil and gas sector Old: 40‐50% payable in kyats new: 40‐50% payable in F.E. if received in F.E. Income having escaped h d assessment Old: 30% with relief ld h l f for first‐time purchases f f h new: 30%, with relief for establishing/expanding businesses Other income of companies Other income of companies Old/new: 25% Old/new: 25% Old: 35% Old: 35% new: 25% Old: 35% new: 25% Changes to income tax law: Changes of the tax rate according di to t the th 2015 Tax T off the th Union U i Law L Type yp of income Tax rate resident Tax rate non‐ resident Tax rate branch of a foreign company Rental income of individuals Old: 0‐25% new: 10% (only possible for Myanmar nationals) N.A. Changes to income tax law: Other changes according t the to th 2015 T Tax off the th U Union i L Law • Increased allowances: Allowance Old allowance p.a. New allowance p.a. Basic allowance 20% of taxable income, max. Ks. 10,000,000 Allowance per parent living together with the taxpayer Not available Ks. 1,000,000 Spouse allowance Ks. 500,000 Ks. 1,000,000 Allowance per child Ks. 300,000 Ks. 500,000 Changes to income tax law: Other changes according t the to th 2015 T Tax off the th U Union i L Law • Salary y income of Myanmar y nationals residing g and working abroad no longer subject to Myanmar income tax Changes to income tax law: Other changes according t the to th 2015 T Tax off the th U Union i L Law • Increased thresholds/caps p – No capital gains tax to be assessed if the capital gain in all relevant transactions in a financial year does not exceed kyats 10,000,000 (previously, the amount was kyats 5,000,000) – Income off small or mid-sized businesses off up to kyats 10,000,000 during the first three years, including the year of commencement of the business, is exempt from income tax. Previously the amount was kyats 5,000,000. Previously, 5 000 000 The mechanism behind this provision is not entirely clear. Myanmar sebastian@pwplegal.com +95 (9) 401529445 www.pwplegal.com