Rates and Withholding Payments A state formulate and implements income tax to levy tax on income of a person. However, certain incomes of some individuals or entities are specially exempted from income tax. Furthermore, the act provides some concessions on tax rate for specified individual or entities. In this regard, the Income Tax Act 2058 has specified certain exemptions and concessions. Tax Exempt Amounts Tax exempt amount refers to the tax free incomes. The tax exempt amounts are tax free incomes which are not included in the total income while calculating taxable income of a person. And, the expenditure related to such incomes are not deducted while calculating the assessable income of a person. More over tax is not deducted at source while making the payment of such exempt amounts. According to Income Tax Act 2058, Section 10, the Example 1 Salaries and allowances received by foreign diplomat (i.e. the Ambassador) of India working in Nepal are exempt from tax. However, salaries and allowances received by Nepalese staff working in the diplomatic mission are taxable. (2) Amount received by an individual from employment in the public service of the foreign government of a foreign country are exempt from income tax. Example 2 Mr. Subash Barman is joint secretary of the ministry of Agriculture of Example 3 Mr. James Stalker, a citizen of US, came to Nepal as a chief Human Resource Advisor at USAID Nepal country office. He is serving Nepal since last year and (4) Amount received by an foreign individual from employment at the Government of Nepal's service, on terms of tax exemption. Example 4 The Government of Nepal appointed Mr. Jackson, an USA citizen as a chief of Earthquake management team. The Nepal Government agree to pay US $ 40,000 per month as salary and other benefits. In this case, the total amount received by Mr. Jackson US$ 500,000 (suppose) (5) Amount paid by Nepal Government to widow, elder citizen or Business Exemptions and Concessions All benefits or rebates provided to a particular (b) Incomes received by co-operative societies, registered and functioning under co-operative Act 2048 from business mainly Bee keeping • Honey production • Rubber farming • Floriculture and production • Forestry related business such as (c) Income earned by a person during an income year from special industry and Information Technology based industries are taxed Special or information Normal tax Tax rate for Tax rate for technology based industry rate special information providing direct employment industry after technology to concession based industry after concession (i) 300 or more Nepalese 20% for 18% 22.50% workers through out special the year. industry 25% for IT (ii) 1200 or more Nepalese 20% for SI 16% 25% workers throughout the 25% for IT year. (iii) More than 100 Nepalese 20% for SI 16% 25% workers including at 25% for IT least 33% women downtrodden or handicapped throughout the year. (iv) A special industry operating in remote area (highly undeveloped area) is taxed only 10% of the applicable tax rate (i.e. 90% concession on tax rate) on its income upto ten years of its operation. (v) A special industry operating in underdeveloped area is taxed only 20% of the applicable tax rate (i.e. 80% concession on tax rate) on its income upto ten years of its operation. (vi) A special industry operating in underdeveloped area is taxed only 30% S.N. Region (Area) Tax rate for Tax rate for special industry special industry after concession (i) Remote 20% 2% area(Highly undeveloped) (ii) Undeveloped 20% 4% area
(iii) Underdevelope 20% 6%
d area A special industry includes the manufacturing industry other than tobacco or alcohol industries like cigarette, bidi, Khaini, beear etc. (d) Tax exemption and concession on the income of an industry established in Special Economic Zone (SEZ) and dividend distributed by such industry are as follows: Income of an industry established in SEZ located at mountainous district and government specified hill districts is fully exempt from income tax. Upto the (e) An individual engaged in exploring and excavating petroleum and natural gas, if operates transactions commercially within 2075 Chaitra end is exempt from income tax for first seven years and then taxed at 50% of the applicable tax rate (i.e. 50% concession on tax rate) upto next three years. (f) Organized institutions having license for electricity generation, transmission and distribution, if commercially generation of electricity, generation and transmission of electricity generation and distribution of electricity or generation transmission and distribution of electricity within 2075 Chaitra end are fully exempt from income tax for the first seven years and then taxed at 50% of the applicable tax rate (i.e. 50% concession on tax rate). Upto next three years such tax facilities are also provided to the organizations engaged in electricity generation from solar, wind and organic materials. (g) The industries related to software development, data processing, cyber cafe, digital mapping established in Information Technology Park, Technology Park Bio-tech park as specified by Nepal Government by publishing notice in Nepal Gazette are taxed at 50% of the applicable tax rate (i.e. 50% concessions on tax rate). • Highly Underdeveloped Area Undeveloped Area (Districts) Underdeveloped Area (Districts) (District) Darchula Taplejung Kailali Bajhang Rolpa Surkhet Bajura Baitadi Arghakhachi Humla Rasuwa Palpa Jumla Gulmi Syangja Mugu Prabhat Dhading Kalikot Dadeldhura Lamjung Dolpha Pyuthan Tanatun Mustang Doti Gorkha Manang Salyan Sindhuli Solukhumbu Panchthar Udayapur Sankhuwasabha Baglung Dhankuta Khotang Sindhupalchok Ilam Bhojpur Kanchanpur Achham Bardia Dailekh Dang Jajarkot Nuwakot Rukum Daveplanchok Okhaldhunga Dolakha Myagdi Terathum Ramechaap An electricity project, starting construction within 2071, Bhadra 7 and produced electricity commercially within 2075, Chaitra end is enjoy full tax exemption upto first ten years and then taxed at 50% of the applicable tax rate upto next three years. But persons already having started commercial production of electricity before 1st Shrawan, 2066 should be eligible for facility as prevalent at the time of obtaining license. (8) The income earned by (12) A royalty income earned by a person from the export of his intellectual properties is taxed at 75% of the applicable tax rate (i.e. gets 25% tax exemption on tax rate). (13) The income earned by a person from the sale of intellectual properties by way of transfer is exemption of 50% on the applicable income tax rate. (14) Incomes of the person who gets business exemption and concession are calculated separately assuming that these incomes are earned by a separate person. Tax Rates Income Tax Act 2058 has specified the tax rates applicable to the different types of tax payers. Schedule 1 of Income tax act 2058 has included different tax rates as well as exemptions applicable to different tax payers depending on whether the tax payer is an individual or an entity. For Individual or Couple: 1 A. resident individual or a resident couple having taxable income For individual from employment For couple Tax Rate is taxed Upto Rsas 2,50,000 Upto Rs 3,00,000 1% Next Rs 1,00,000 Next Rs 1,00,000 15% Next Rs 21,50,000 Next Rs 21,00,000 25% Balance Balance 35% (b) A resident individual or a resident couple having taxable income from business or investment only is taxed as follows: For individual For couple Tax Rate Upto Rs 2,50,000 Upto Rs 3,00,000 Nil Next Rs 1,00,000 Next Rs 1,00,000 15% Next Rs 21,50,000 Next Rs 21,00,000 25% Balance Balance 35%
(c) A resident individual or a resident couple
having taxable income from employment, business and investment is taxed as under: For individual For couple Tax Rate Upto Rs 2,50,000 Upto Rs 3,00,000 1% Next Rs 1,00,000 Next Rs 1,00,000 15% Next Rs 21,50,000 Next Rs 21,00,000 25% Balance Balance 35%
Hints: 1% tax for social security
fund is charged in the employment income even it is less than exemption limit amount. (d) An individual operating special industry is taxed at 20% in Remote area A B C D E
pension income have a right to an additional reduction 25% of basic exemption or pension income during the year which ever is less. (h) A disabled invidiaul or couple have a right to an additional reduction of 50% of basic exemption from taxable income. Metropolitan or sub metropolitan city Rs 5,000 Municipalities area Rs 2,500 Other places Rs 1,500
Type of vehicle Annual tax per vehicle
Minibus, mini truck, truck, bus, Rs 1500
(m) Annual tax applicable to public transport
Car, jeep, van, microbus Three-wheeler, auto rickshaw, tempo Rs 1200 Rs 850
is as follows: Tractor and power tiller Rs 750
If the owner is an individual, such vehicle tax
will be final. (h) Gain on disposal of non-business (h) Gain on disposal of non-business chargeable assets of an individual is taxed at 10%. However, if ownership of the land and building is more than 5 years, only 2.5% tax is imposed on the gain. But 5% tax is applied if the ownership of the land and building is less than 5 years. Similarly, gain on disposal of share or debentures listed at Security Board of Nepal is taxed at 5%. (o) A non resident individual is taxed at flat rate of 25% on taxable income with source in Nepal and no exemption is allowed. Any withholding payment made to a non resident is treated as final. For Entity: Generally an entity is taxed on a flat rate depending on the nature or types of the entity's business. (a) Entities are generally taxed at flat rate of 25% (b) Entity running special industry is taxed at 20% Any entity that has operated a bridge, tunnel, road, rope way, sky bridge after their construction or entity that is engaged in operating trolley bus or tram, co-operatives (except involved in tax exempt transactions) are taxed at 20%. (c) Entity having export income during the year is taxed at 20%. (d) The taxable income of bank, financial institutions, general insurance business, liquor and tobacco industry or a petroleum business entity is taxed at 30%. (e) Entity engaged in building public infrastructure, own operate and transfer (boot) to Nepal Government is taxed at 20%. (f) Taxable income of a co- operative society registered under co-operative Act 2048 is taxed at 20% (except relating to agriculture and forest). (g) Repatriated income of a (a) Remuneration Payments (Section 87) A resident employer is required to withhold tax at normal rate while making remuneration payment to employee with a source in Nepal. Monthly tax deducted source amount is determined dividing total tax payable for the year by the twelve. (b) Investment Returns and Service Fees (Section 88) When a resident person pays Nepalese source investment returns or service fees such as interest, a natural resource payment, rent, royalty, service fee, retirement payment, sales commission and any other returns must with hold tax (tax deducted at source) on the gross On the gain calculated as below: Total retirement payment in lump sum xxx Less: 50% of total payment or Rs xxx 500,000 (which even is higher) Gain from approved retirement fund xxx
• Commission paid by a resident
employment company to a non- resident person is withheld at 5%. • Payment against lease of aircraft is withheld at 10%. • Service fees payment to service providing resident firm or person • However, tax is not deducted at source for the following payments: • Payment of remuneration to an individual for published articles in newspapers, setting a question paper, examining answer sheet. • Interest paid to resident bank and financial institutions. • Inter-regional inter-change fees paid to the bank issuing credit card. • Payments relating to business made by an individual and other payments except house rent. • Payments that are exempt from tax such as remuneration payment up to exemption limit. • Interest or fees paid by Nepal Government to foreign government or international organization as per the agreement made between Nepal Government and International organization. • Annual interest payment up to Rs 10,000 by rural community based micro finance, rural development bank, postal service bank, co-operative society (based on agriculture and forest product). • Payment made to mutual fund for dividend and interest • Payment of dividend by a resident company • Payment made by resident person for gain on investment insurance. • Retirement payment made by an approved retirement fund or by Nepal Government. • Payment made by a resident person for gain from unapproved retirement fund. • Interest paid to an individual by the bank and financial institutions and company issuing bond and debenture (c) Withholding on causal Gains (section 88 ka) Causal gain such as lottery win, windfall gain and – If the gain is resulting from disposal of interest in an entity listed. • Payment of dividend by a resident company • Payment made by resident person for gain on investment insurance. • Retirement payment made by an approved retirement fund or by Nepal Government. • Payment made by a resident person for gain from unapproved retirement fund. • Interest paid to an individual by the bank and financial institutions and company issuing bond and debenture Withholding payments Withholding rate Advance or Final withholding
Remuneration payments Normal Advance
Natural resource payments, service fee, 15% Advance
commission, royalty, sales bonus House rent relating to business and rent from 10% Advance other assets House rent received by an individual other 10% Final than conducting business with source in Nepal Interest paid by a resident bank and financial 5% Final institution to an individual with source in Nepal and which is not related to business Interest received bank relating to business 15% Advance and from unrecognized sector Dividend received from a resident company 5% Final or a partnership firm Meeting fee and allowance 15% Final
Retirement payment from an approved 5% Final
retirement fund or by Nepal Government Gain from investment insurance 5% Final
Gain from unapproved retirement fund 5% Final
Payment of commission by a resident 5% Advance
employment company to a non-resident person Payment of service fees to service providing 1.5% Advance natural persons registered at VAT Lease payment and for aircraft 10% Advance
Causal gain (lottery and prize win, windfall 25% Final
gain) Gain from commodity future market 10% Advance
Payment of contract more than Rs 50,000 1.5% Advance
Part time salary/teaching on an occasional 15% Final
•If the non resident person received the payment, the advance tax is treated as final. 6. Expenses Personal or Domestic Expenses All expenses or costs incurred by individuals to satisfy their personal needs are referred as personal expenses. Following expenses are included as personal or private expenses (a) Interest paid for a loan borrowed for personal purpose. (b) Personal expenses of an individual such as costs for the provision of shelter as well as meals, refreshment, entertainment or other leisure activities. (c) Expenses incurred in communting between the person's home and at a place at which the business or investment is conducted. However, communting in the course of conducting business or investment is allowed for deduction. (d) Expenses incurred in acquiring clothing for the individual that is suitable for wearing outside of work (i.e. cost of work dress, uniform, apron etc. are allowed for deduction). (e) Expenses incurred for education and training of an individual. However, the expenses incurred for education that is directly related to a business or investment conducted by the individual and which does not lead to a degree or diploma is allowed for deduction. (f) The expenses of a domestic or personal nature also include costs incurred by another person in respect of individual. However, in the following conditions such expenses are not treated as personal or domestic expenses. (i) If the payment is included in calculating the income of the individual. For example, salary paid to employees are allowed for deduction because employees include such payments in their incomes. (ii) If the individual makes a return payment of an equal market value to the person as a consideration for the payment. For example, expenses incurred for selling goods and services to customers are allowed for deduction but the expenses incurred on goods (a) If payment is made to Nepal Government, a constitutional body, a