BUSINESS PROFIT TAX (BPT)
Outline
Persons chargeable to tax Tax rates Tax computation Exempted persons Tax return Payment Offences / Penalties
Implementation (Section 41)
gazetted date (18th January 2011) Commencement date: 6 months from the gazetted date (18th July 2011) tax will be charged: g from the commencement date or from the tax year that begins after commencement date
Wh bj t t BPT? Who are subject to BPT? all PERSONS doing business in Maldives are subject to BPT Persons include: Companies Partnerships Individuals charged on payments made to non‐residents (withholding tax)
Tax on profits of COMPANIES (Section 3)
Companies Resident all income is taxable Resident company? 1. incorporated in Maldives. 2. If not, place of central management and control of the company is in f l f l l f h Maldives. 3. if it cannot be determined, place of incorporation/registration is Maldives
Non‐resident only the profits attributed to the Permanent Establishment (PE) in Maldives, is taxable Rent, royalties and management fees
If a PE has more than one business, tax charged on aggregated f h h b h profits
PE: 1. a person carries on supervisory activity of building, work site, construction, installation or assembly project 2. has & habitually exercise authority to conclude contracts y y 3. maintains a stock of goods/merchandise for the purpose of delivery on behalf of that Person 4 habitually secures orders wholly for that person or for any 4. habitually secures orders wholly for that person or for any other enterprise controlled by that Person Tax Rate (companies) Taxable profit MVR500,000
0% 15%
For group of companies, threshold is for the group ( (not for separate companies) p p ) Special provisions for insurance companies
Tax on profits of PARTNERSHIPS (Section 5)
Partnerships Tax charged on net profit of the partnership Partners are jointly and severally liable for Tax Partners are not charged tax on their share of profits
Tax Rate (partnership) Taxable profit MVR500,000
0% 15%
Profit from sources outside Maldives (Section 2)
sources outside Maldives (cont ) sources outside Maldives (cont.) Must be a Company (Registered under Companies Act) Resident in Maldives Does NOT carry on any other business or have any other source of income Income sho Income should be from: Profits generated from wholly outside ld be from Profits generated from holl o tside Maldives Loans other Financial instruments Royalties Income from immovable property
Other Persons (Section 4)
other Persons (contd ) other Persons (contd.) Any Person other than companies or partnerships carrying on business in Maldives E g Maldivian runs business in Colombo E.g. Maldivian runs business in Colombo – not taxable Sri Lankan runs business in Maldives – taxable
Tax Rate: Taxable profit MVR500,000
0% 15%
Withholding Tax (Section 6)
Withholding (contd ) Withholding (contd.) Tax on payments made to Non‐residents royalties or payments for use of property (machinery, equipment & others) for use of computer software management fees / commission payments for public entertainers (only if the service is provided through a company) g p y) payments for R&D rent of cinema films Tax Rate:
10% of the payments
Tax rates Tax Rate Company
15% (for profits exceeding MVR500,000)
Foreign Sources
5% (for profits exceeding MVR500,000)
Partnership
15% (for profits exceeding MVR500,000) profits exceeding MVR500 000)
Other Persons
15% (for profits exceeding MVR500,000)
Withholding tax
10% (of the payments)
Computation (Section 8)
Computation
Tax is charged on income of the accounting period ending in that tax year. Tax Year
1 January 31 December 1 January ‐
Exempted Persons (Chapter 2)
Banks, Charities and Foreign Investments Maldives Monetary Authority (MMA) y y( ) any Bank liable tax under Bank Profits Tax Act Charitable organisations approved by MIRA Foreign Investments exempted from tax by agreements
Shipping & Aircraft businesses Owner/charterer of ship or aircraft Not resident in Maldives Does NOT carry on any other business
If the Commissioner is satisfied that: The country where they are resident grants exemption from tax to shipping/aircraft businesses resident in Maldives
Tax returns
Submission of Tax Return (S ti 17) (Section 17)
ALL Persons within charge to Tax But MIRA may exclude certain persons whose taxable income is below a threshold (set in the Regulation)
Filing of tax return within 6 months after the accounting period’s end or on or before 30th April of the following Tax Year whichever is LATER. hi h i LATER
Submission (cont ) Submission (cont.) (Section 18)
If MIRA has reasonable grounds g to believe that; ; a Person is leaving Maldives, a company is ceasing to be resident in Maldives (other than by winding up) A person/company is transferring funds outside Maldives a notice may require them to submit tax returns within 7 days i i h b i i hi d of f the notice
Correction of Return (Section 19)
If a mistake is noticed, tax return can be corrected within 12 months of the due date. If MIRA notices an error, it can also be corrected within 12 months of the due date or date of submission
Deductions
Deductions ALLOWED (Section 10)
capital allowance head office expenses expense for welfare of employees pension contributions audit fee b d debt bad debts withholding tax others allowed by regulation
Rent (Section 9)
Deduction of 20% is allowed for income from rent If this option is chosen, no other deduction will be allowed. ll d Once the option is chosen Once the option is chosen, it can only be changed it can only be changed according to the Regulations.
Loss Relief
(Section 13)
Can be carried forward to be deducted against future taxable profits up to 5 years
Payment
Payment of Tax (Section 23, 24, 25) (Section 23 24 25) First Interim Payment y on or before 31st July of that tax year Second Interim Payment S d I i P on or before 31st January of the following tax year Amount of interim payment: First tax year‐ Half of Forecasted tax payable Subsequent years Half of the Tax paid in the previous year Subsequent years‐
Final Payment on or before the date of filing tax return
payment (cont ) payment (cont.) NO interim payments if the preceding year NO interim payments if the preceding year’s assessed s assessed tax in less than MVR2,000 if payments are more than 1 month late, interest at 5% per annum is charged
Withholding Tax is payable before 15th day of the following month
Offences / Penalties (Chapter 5)
penalties (contd ) penalties (contd.) if a Person evades or helps another to evade Tax fine not exceeding MVR100,000, or 6‐24 months in jail / house arrest / banishment, or BOTH Non filing, incorrect tax return A fine not exceeding MVR250,000 or Maximum of 3 months in Jail/ house arrest Or BOTH
Non payment of tax A fine not exceeding MVR250,000 or double the amount of unpaid tax whichever is higher of unpaid tax, whichever is higher
penalties (contd ) penalties (contd.)
ALL penalties carry an interest @ 5% per annum from p y due date until full payment
Objections against penalties, assessments & claims under the Act will be heard by the Tax Appeal Tribunal
Thank you