Tax Worldwide

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Worldwide
Tax Summaries
Corporate Taxes
2016/17
Quick access
to information
about corporate
tax systems in
155 countries
worldwide.
Asia
Worldwide Tax
Summaries
Corporate Taxes 2016/17
All information in this book, unless otherwise stated, is up to date as of 1 June 2016.
This content is for general information purposes only, and should not be used as a substitute for consultation with
professional advisors.
© 2016 PwC. All rights reserved. PwC refers to the PwC network and/or one or more of its member firms, each of which is
a separate legal entity. Please see www.pwc.com/structure for further details.
Foreword
Welcome to the 2016/17 edition of Worldwide Tax Summaries

(WWTS), one of the most comprehensive tax guides available.
This year’s edition provides detailed information on corporate
tax rates and rules in 155 countries worldwide.
As governments across the globe are If you have any questions, or need more
looking for greater transparency and detailed advice on any aspect of tax,
with the increase of cross-border please get in touch with us. The PwC tax
activities, tax professionals often need network has member firms throughout
access to the current tax rates and other the world, and our specialist networks
major tax law features in a wide range can provide both domestic and cross-
of countries. The country summaries, border perspectives on today’s critical
written by our local PwC tax specialists, tax challenges. A list of some of our key
include recent changes in tax legislation network and industry specialists is located
as well as key information about income at the back of this book.
taxes, residency, income determination,
deductions, group taxation, credits and I hope Worldwide Tax Summaries
incentives, withholding taxes, indirect continues to be a valuable reference tool
taxes, and tax administration. All in helping you manage your organisation’s
information in this book, unless otherwise taxes around the world.
stated, is up to date as of 1 June 2016.
Our online version of the summaries is

available at www.pwc.com/taxsummaries.
The WWTS website is fully mobile
compatible giving you quick and easy
access to regularly updated information
anytime on your mobile device. Some
of the enhanced features available Colm Kelly
online include Quick Charts to compare Global Tax Leader
rates across jurisdictions, and reference PwC Ireland
materials on Organisation for Economic +353 1 792 8943
Co-operation and Development (OECD), colm.r.kelly@ie.pwc.com
European Union (EU), and World Trade
Organisation (WTO) member countries,
amongst other valuable information.
www.pwc.com/taxsummaries Foreword 1
Contents
Foreword...............................................1 Global Tax Contacts .................... 409

Building trust in society and
Country chapters solving important problems .............. 410
Australia................................................4 Indirect Taxes ................................... 412
Cambodia ........................................... 28 International Tax Services ................ 415
China, People’s Republic of................. 41 Legal Services................................... 419
Fiji ...................................................... 59 Mergers and Acquisitions.................. 422
Hong Kong ......................................... 76 People and Organisation .................. 426
India .................................................. 90 Tax Controversy and
Indonesia ......................................... 120 Dispute Resolution ........................... 429
Japan ............................................... 142 Tax Policy and Administration .......... 432
Korea, Republic of ............................ 166 Tax Reporting and Strategy .............. 434
Lao People’s Democratic Republic .... 188 Transfer Pricing ................................ 438
Macau .............................................. 196 Value Chain Transformation ............. 441
Malaysia ........................................... 206 Global Tax Industry Leaders ............. 443
Mongolia .......................................... 226 Worldwide Tax Summaries
Myanmar.......................................... 239 Editorial Team .................................. 444
New Zealand .................................... 249
Pakistan ........................................... 265
Papua New Guinea ........................... 278
Philippines ....................................... 294
Singapore ......................................... 310
Sri Lanka .......................................... 327
Taiwan ............................................. 341
Tajikistan.......................................... 354
Thailand........................................... 363
Timor-Leste ...................................... 382
Vietnam ........................................... 392
2 Contents PwC Worldwide Tax Summaries

Country chapters
Asia
Australia
PwC contact A
Pete Calleja
PricewaterhouseCoopers
201 Sussex Street
Sydney, New South Wales 1171
Australia
Tel: +61 2 8266 8837
Email: pete.calleja@au.pwc.com
Signifi ant de elopments

Certain small business taxpayers have a reduced corporate tax rate (28.5% for income
ears ommen ng on or a ter u howe er there s a ro osa to urther re u e
the rate with effect from the 2016/17 income year to 27.5%) (see the Taxes on corporate
income section) and have access to accelerated depreciation on certain depreciating
assets acquired and installed ready for use between 12 May 2015 and 30 June 2017 (see
the Deductions section for more information).
From 1 July 2017, the Australian goods and services tax (GST) will apply to cross-border
supplies of digital products and services imported by Australian consumers.
The Australian government has enacted a range of integrity measures that seek to
address multinational tax avoidance by companies with global revenue of 1 billion
Australian dollars (AUD) or more, including the following:
• The doubling of the maximum administrative penalties that can be applied to entities
that enter nto ta a o an e an rofit sh t ng s hemes a ab e to n ome ears
commencing on or after 1 July 2015).
• Implementation of the Organisation for Economic Co-operation and Development’s
(OECD’s) new transfer pricing documentation standards from 1 January 2016,
including country-by-country (CbC) reporting standards.
• A targeted anti-avoidance rule aimed at multinationals that enter into arrangements
that art fi a a o ha ng a ta ab e resen e n ustra a a ab e rom
January 2016).
here s a urther ro osa to a a erte rofits a e e t e rom

July 2017, to large companies (global revenue of at least AUD 1 billion) that engage
n re ate art arrangements to sh t the r rofits o shore to ower or orate ta
jurisdictions.
See Integrity measures for large multinationals in the Group taxation section for more
information.
A number of transparency measures are now in effect in Australia, including the

adoption of the Common Reporting Standard (CRS), which applies to Australian
finan a nst tut ons rom u n a t on rom a ub trans aren
perspective, the Australian Commissioner of Taxation is required to publish limited
information about the annual tax affairs of public and foreign-owned companies with
‘total income’ of AUD 100 million or more for an income year, Australian-owned private
companies with total income of at least AUD 200 million, and those with a liability
to pay the Petroleum Resource Rent Tax (PRRT). See the Other issues section for more
information.
Foreign investors that invest in Australia are now subject to additional criteria as part
of Australia’s clearance of foreign investment proposals. The new tax conditions that
are aimed at ensuring foreign investors are compliant with Australian tax laws are
www.pwc.com/taxsummaries Australia 4
Australia
to be formally applied in making an assessment of Australia’s national interest, a key

criterion in the foreign investment clearance process. See the Other issues section for more
information.
A foreign resident withholding regime applies to foreign residents that dispose of certain
ta ab e ustra an ro ert wh h w be sub e t to a non fina w thho ng ta
of 10% of the proceeds from the sale of taxable Australian property. The regime will
apply to contracts entered into on or after 1 July 2016. See Capital gains in the Income
determination section for more information.
Please note this information is current as of 1 June 2016. Please visit the Worldwide Tax
Summaries website at www.pwc.com/taxsummaries to see an s gn fi ant or orate ta
developments that occurred after 1 June 2016.
Taxes on orporate in ome

Companies that are residents of Australia are subject to Australian income tax on
their worldwide income. Generally, non-resident companies are subject to Australian
n ome ta on ustra an sour e n ome on owe er where a om an s res ent
in a country with which Australia has concluded a double taxation agreement (DTA),
ustra a s r ght to ta bus ness rofits s genera m te to rofits attr butab e to a
permanent establishment (PE) in Australia.
‘Small business’ companies are subject to federal tax on their taxable income at a 28.5%
tax rate, while all other companies have a 30% rate (previously all companies had a 30%
rate). The reduced rate applies only to those companies who carry on business and who,
together with certain ‘connected’ entities, have an aggregated turnover of less than AUD
2 million for the year.
o al in ome taxes
There are no state or municipal taxes on income in Australia.
orporate residen e
A company is a resident of Australia for income tax purposes if it is incorporated in
Australia or, if not incorporated in Australia, it carries on business in Australia and
either (i) its central management and control are in Australia or (ii) its voting power is
controlled by shareholders who are residents of Australia.
ermanent establis ment E

The concept of a PE is established in both domestic law and various DTAs that have
been concluded with Australia. Where a company is resident in a country with which
ustra a has a t s m ortant to ha e regar to the efin t on o onta ne
therein as this will generally apply in priority to the domestic law.
Broadly, under Australia’s domestic law, a PE is a place at or through which a person

carries on any business, and includes:
• A place where the person is carrying on business through an agent (except where the
agent does not have, or does not habitually exercise, a general authority to negotiate
and conclude contracts on behalf of the person).
• A place where the person has, is using, or is installing substantial equipment or
substantial machinery.
• A place where the person is engaged in a construction contract.
• Where the person is engaged in selling goods manufactured, assembled, processed,
a ke or str bute b another erson or or at or to the or er o the first
5 Australia PwC Worldwide Tax Summaries

Australia
mentioned person and either of those persons participates in the management,

control, or capital of the other person or another person participates in the A
management, control, or capital of both of those persons, the place where the goods
are manufactured, assembled, processed, packed, or distributed.
ost s onta n a efin t on o that s s m ar though not ent a to the

efin t on un er omest aw
t er taxes
oods and ser i es tax ST
The federal government levies GST at a rate of 10% and distributes the revenue to
state governments. The GST is a value-added tax (VAT) applied at each level in the
manufacturing and marketing chain and applies to most goods and services, with
registered suppliers getting credits for GST on inputs acquired to make taxable supplies.
oo w th some s gn fi ant e e t ons e orts most hea th me a an e u at ona

su es an some other su es are ree the e u a ent o ero rate n other
VAT jurisdictions) and so not subject to GST. A registered supplier of a GST-free supply
can recover relevant input tax credits, although the supply is not taxable.
es ent a rents the se on or ater su o res ent a rem ses most finan a
supplies, and some other supplies are ‘input-taxed’ (‘exempt’ in other VAT jurisdictions)
an are not sub e t to owe er the su er annot re o er re e ant n ut ta
re ts e e t that finan a su ers ma obta n a re u e n ut ta re t o o
the GST on the acquisition of certain services.
ea th nsuran e s ree e nsuran e s n ut ta e enera nsuran e s ta e

Reverse charges may apply to services or rights supplied from offshore, where the
recipient is registered or required to be registered, and uses the supply solely or partly
for a non-creditable supply.
GST will apply to cross-border supplies of digital products and services imported by
Australian consumers from 1 July 2017. This measure will ensure that digital products
and other imported services supplied to Australian consumers by foreign entities are
subject to the GST. Non-resident suppliers will be required to register, collect, and remit
GST on the digital products and services that they provide to Australian consumers.
Wine e ualisation tax WET

The federal government levies WET at the wholesale level at a rate of 29%, in addition to
10% GST, which is calculated on the price including the WET, and it applies to wine from
grapes, fruit and certain vegetables, mead, and sake. Retailers do not receive an input
tax credit for WET. A rebate is available to a wine producer of 29% of the wholesale
price (excluding WET or GST) for wholesale sales, and of 29% of the notional wholesale
selling price for retail sales and applications for own use (up to a maximum of AUD
500,000).
Luxury car tax

The luxury car tax is levied by the federal government at the rate of 33% of the value of
the ar that e ee s the u ur ar ta thresho or ue e fi ent eh es
an or other eh es n the finan a ear an s a ab e on the
GST-exclusive value above the threshold. No input tax credit is available for luxury car
tax, regardless of whether the car is used for business or private purposes.
ustoms duties
Imports into Australia are subject to duties under the Australian Customs Tariff. The top
duty rate is 5%.
Australia
Australia currently has comprehensive free trade agreements with Chile, China, Japan,
Korea, Malaysia, New Zealand, Singapore, Thailand, and the United States. In addition,
a regional free trade agreement between Australia, New Zealand, and Southeast Asian
nations progressively eliminates all barriers to trade in goods, services, and investments.
ustra a has a so on u e negot at ons on a rans a fi artnersh greement
(TPP).
Ex ise duties
Excise duties are imposed at high levels on beer, spirits, liqueurs, tobacco, cigarettes, and
petroleum products. Excise rates for tobacco, alcohol, and fuel are indexed bi-annually
based on movements in the consumer price index (CPI). Some examples of current
excise rates include:
• Beer not exceeding 3% by volume of alcohol packaged in an individual container not

exceeding 48 litres: AUD 41.08 per litre of alcohol calculated on that alcohol content
by which the percentage by volume of alcohol of the goods exceeds 1.15.
• Tobacco in stick form not exceeding in weight 0.8 grams per stick of actual tobacco
content: AUD 0.53733 per stick.
• Petroleum condensate, crude petroleum oil, and diesel: AUD 0.395 per litre.
• uefie etro eum gas other than e em te rom e se ut
0.129 per litre.
A fuel tax credit system provides a credit for fuel tax (excise or customs duty) that is
included in the price of taxable fuel. Broadly, credits are available to entities using fuel
in their business and to households using fuel for domestic electricity generation and
heating.
and tax
All states and territories (except the Northern Territory) impose a tax based on the
unimproved capital value of land. In general, the principal place of residence and land
used for primary production is exempt from land tax.
Stamp duty
All states and territories impose a stamp duty on a wide variety of transactions at
different rates. All jurisdictions impose a stamp duty on real estate conveyances, but
most exempt conveyances of goods (not associated with other property) from stamp
duty. The imposition of duty on share transfers involving unlisted entities differs from
state to state. Corporate reconstruction exemptions are available. Advice from a stamp
duty specialist should usually be obtained where substantial stamp duty may be imposed
because the amount of duty may depend on the form of the transaction.
ringe benefits tax BT

The federal government levies FBT on employers at the rate of 49% on the ‘grossed-
u a ue o non sa ar an wages r nge benefits ro e to em o ees an or the
employee’s associates) by the employer or associates. The grossing-up of the value
ensures ta neutra t between ro ng benefits an ash remunerat on genera
is deductible for income tax purposes. There are some exemptions from FBT, including
some m nor benefits remote area hous ng n erta n r umstan es an s e fie
relocation costs. In addition, there are some concessional valuation rules, in particular
or motor eh es an erta n ng awa rom home benefits
Payroll tax
tates an terr tor es m ose a ta on em o ers a ro broa efine he ar ous
jurisdictions have harmonised their payroll tax legislation, but some differences remain,
particularly tax rates and the thresholds for exempting employers whose annual payroll
is below a certain level, after taking into account grouping rules. For example, in
New South Wales, the rate for the year ended 30 June 2016 is 5.45% with an annual
exemption threshold of AUD 750,000. In Victoria, the rate for the year ended 30 June

Australia
2016 is 4.85%, and the annual exemption threshold is AUD 550,000 (from 1 July 2016,
the threshold will increase to AUD 650,000). A variety of rates and thresholds apply in A
other state and territory jurisdictions.
Superannuation guarantee levy

eg s at on re u res em o ers to ontr bute a erta n er entage o an em o ee s
earnings base, subject to limited exceptions, to a registered superannuation
fund or retirement savings account on behalf of the employee. Failure to make
these contributions will result in the employer being liable for a non-deductible
superannuation guarantee charge.
he urrent su erannuat on guarantee er entage s an w rema n so unt

30 June 2021. From 1 July 2021, the rate will increase to 10% and will progressively
increase up to 12% from 1 July 2025.
No level of Australian government imposes a social security levy.
nsuran e tax
States impose taxes on insurance premiums, which may be substantial.
etroleum esour e ent Tax T

PRRT currently applies to all petroleum projects in Australian offshore areas (or
Commonwealth adjacent areas) other than production licences derived from the Joint
Petroleum Development Area in the Timor Sea. It also applies to all Australian onshore
and offshore oil and gas projects, other than the Joint Petroleum Development Area in
the Timor Sea.
PRRT is applied to a ‘project’ or ‘production licence area’ at a rate of 40% of the taxable
rofits er e rom the re o er o a etro eum n the ro e t n u ng
• crude oil
• shale oil
• condensate
• sales gas
• natural gas
• an
• ethane.
he ta ab e rofit o a ro e t s a u ate as o ows
a ab e rofit ssessab e re e ts e u tbee en ture
Deductible expenditure broadly includes exploration expenditure, all project

development, and operating expenditures.
PRRT is self-assessed by the relevant taxpayer. The taxpayer is, in most cases, required to
give the Commissioner of Taxation a PRRT return for each PRRT year. PRRT is generally
payable by quarterly instalments.
PRRT applies in addition to normal income tax. PRRT payments (including instalments)
are, however, deductible for income tax purposes.
o al muni ipal taxes

o a ta es n u ng water sewerage an ra nage harges are e e base on the
unimproved capital value of land and include a charge for usage (e.g. water usage).
Australia
Bran in ome
ran h rofits are sub e t to or nar or orate rates o ta at on an there s no
w thho ng on re atr ate rofits
n ome determination
n entory aluation
Inventory generally may be valued at cost (full absorption cost), market selling value,
or replacement price. Where, because of obsolescence or other special circumstances,
inventory should be valued at a lower amount, the lower valuation generally may be
chosen, provided it is a reasonable valuation. Special rules apply, however, regarding
the a uat on o tra ng sto k or erta n om an es o n ng a onso ate grou ast
n first out s not an a e tab e bas s o eterm n ng ost nor s re t ost ng n
respect of manufactured goods and work-in-progress.
Conformity is not required between book and tax reporting. For tax purposes, inventory
may be valued at cost, market selling value, or replacement price, regardless of how
inventory is valued for book purposes. Those who choose to come within the small-
bus ness ent t measures broa efine as ta a ers who arr on bus ness an who
together with certain ‘connected’ entities, have an aggregated turnover of less than AUD
2 million for the year) may ignore the difference between the opening and closing value
of inventory if, on a reasonable estimate, this is not more than AUD 5,000.
apital gains
A capital gains tax (CGT) applies to assets acquired on or after 20 September 1985.
Capital gains realised on the disposal of such assets are included in assessable income
and are subject to tax at the corporate tax rate. In order to determine the quantum of
any gain for any assets acquired before 21 September 1999, the cost base is indexed
a or ng to r e mo ements s n e a u s t on as measure b the o fi a unt
30 September 1999. There is no indexation of the cost base for price movements from
1 October 1999. Disposals of plant and equipment are subject to general rules rather
than the CGT rules. Capital losses are allowable as deductions only against capital gains
and cannot be offset against other income. In calculating capital losses, there is no
indexation of the cost base.
Companies that are residents in Australia generally are liable for the tax on gains on the
disposal of assets wherever situated, subject to relief from double taxation if the gain is
er e an ta e n another ountr owe er the a ta ga n or a ta oss n urre
by a company from a CGT event in relation to shares in a foreign company is reduced
b a er entage re e t ng the egree to wh h the ore gn om an s assets are use
in an active business if the company holds a direct voting percentage of 10% or more
in the foreign company for a certain period before the CGT event. Attributable income
from CGT events happening to shares owned by a controlled foreign company (CFC) are
reduced in the same way. Capital gains and capital losses made by a resident company
in respect of CGT events happening in respect of ‘non-tainted’ assets used to produce
foreign income in carrying on business through a PE in a foreign country are disregarded
in certain circumstances.
Non-resident companies are subject to Australian CGT only where the assets are taxable
Australian property (i.e. Australian real property, or the business assets of Australian
branches of a non-resident). Australian CGT also applies to indirect Australian real
property interests, being non-portfolio interests in interposed entities (including
foreign interposed entities), where the value of such an interest is wholly or principally
attributable to Australian real property. ‘Real property’ for these purposes is consistent
with Australian treaty practice, extending to other Australian assets with a physical
connection with Australia, such as mining rights and other interests related to Australian

Australia
real property. A ‘non-portfolio interest’ is an interest held alone or with associates of 10%
or more in the interposed entity. From 1 July 2016, 10% of the proceeds from the sale of A
certain taxable Australian property (other than residential property with a value of less
than m on b a non res ent s sub e t to a non fina
i idend in ome
A ‘gross-up and credit’ mechanism applies to franked dividends (dividends paid out
o rofits that ha e been sub e t to ustra an ta re e e b ustra an om an es
The corporate shareholder grosses up the dividend received for tax paid by the paying
company (i.e. franking credits attaching to the dividend) and is then entitled to a tax
offset (i.e. a reduction of tax) equal to the gross-up amount. A company with an excess
tax offset entitlement converts the excess into a carryforward tax loss using a special
formula.
Dividends paid to another resident company that are unfranked (because they are paid
out o rofits not sub e t to ustra an ta are ta ab e un ess the are a w th n a
group that has chosen to be consolidated for tax purposes. Dividends paid between
companies within a tax consolidated group are ignored for the purposes of determining
the taxable income of the group.
ranke en s a to non res ents are e em t rom en
n e em t on rom s a so a a ab e or en s re e e b non res ent

shareholders (or unitholders) in an Australian corporate tax entity (CTE) to the extent
that they are ‘unfranked’ and are declared to be conduit foreign income (CFI). These
rules may also treat the CFI component of an unfranked dividend received by an
Australian CTE from another Australian CTE as not taxable to the recipient, provided
t s on a w th n a s e fie t me rame roa n ome w ua as t s
foreign income, including certain dividends, or foreign gains, which are not assessable
for Australian income tax purposes or for which a foreign income tax offset has been
claimed in Australia.
Non-portfolio dividends repatriated to an Australian resident company from a company

resident in a foreign country will be non-assessable, non-exempt income, but only if it is
a distribution paid on an equity interest as determined under Australian tax law.
Income of a non-resident entity in which Australian residents hold interests is not

assessable when repatriated to Australia where the income has been previously
attributed to those residents and taxed in Australia (see Controlled foreign companies
s i a ai s i i a i ).
Stock dividends
Stock dividends, or the issue of bonus shares, as they are known under Australian law,
are, in general, not taxed as a dividend, and the tax treatment is the spreading of the
ost base o the or g na shares a ross the or g na shares an the bonus shares owe er
a om an re ts ts share a ta a ount w th rofits when ssu ng bonus shares th s
will taint the share capital account (if it is not already a tainted share capital account),
causing the bonus share issue to be a dividend. Certain other rules may apply to bonus
share issues, depending on the facts.
inan ial arrangements

e a ru es a to the ta at on o finan a arrangements nan a
arrangement s w e efine to o er arrangements that n o e a ash sett ab e ega
or equitable right to receive, or obligation to provide, something of economic value in
the future.
These measures provide six tax-timing methods for determining gains or losses in
res e t o finan a arrangements a ong w th re enue a ount treatment o the resu t ng
Australia
gains or losses to the extent that the gain or loss is made in earning assessable income
or carrying on a business for that purpose. The default methods are the accruals
method and the realisation method, one or other of which will apply depending on the
re e ant a ts an r umstan es o a art u ar finan a arrangement n broa terms
the accruals method will apply to spread an overall gain or loss over the life of the
finan a arrangement where there s su fi ent erta nt that the e e te ga n or oss
w a tua o ur ga n or oss that s not su fi ent erta n s ea t w th un er the
realisation method.
Alternatively, a taxpayer may irrevocably choose one or more of four elective methods
e a r a ue retrans at on finan a re orts an he g ng to eterm ne the ta
treatment o finan a arrangements o ere b the e e t on ua fi at on r ter a must
be met before the elective methods may be used. Generally, these criteria require that
the ta a er re are a finan a re ort n a or an e w th ustra an or om arab e
accounting standards and be audited in accordance with Australian (or comparable)
auditing standards.
Exemptions from this regime may be available having regard to the duration of the
arrangement or the nature of the relevant taxpayer and the annual turnover or value of
assets o that ta a er erta n t es o finan a arrangements are e u e rom these
rules, including leasing and hire purchase arrangements. Foreign residents are taxable
on ga ns rom finan a arrangements un er these measures to the e tent that the ga ns
have an Australian source.
oreign ex ange gains and losses

Foreign currency gains and losses are recognised when realised, regardless of whether
there is a conversion into Australian dollars, and are included in or deducted from
assessable income, subject to limited exceptions. There are exceptions to the timing and
characterisation aspects of the realisation approach where the foreign currency gain or
loss is closely linked to a capital asset. To reduce compliance costs with foreign currency
denominated bank accounts, some taxpayers may elect to disregard gains or losses on
certain low balance transaction accounts that satisfy a de minimis exemption or may
elect for retranslation by annually restating the balance of the account by reference to
deposits, withdrawals, and the exchange rates at the beginning and end of each year (or
by reference to amounts reported in accordance with applicable accounting standards).
or ore gn e hange ga ns an osses asso ate w th finan a arrangements sub e t to

the TOFA measures (as discussed above), the compliance impact of the foreign exchange
rules will be reduced for those taxpayers who are eligible to and elect the TOFA
retrans at on or finan a re orts ta t m ng metho s
Entities or parts of entities, satisfying certain requirements, are able to choose to account
for their activities in a currency other than Australian dollars for income tax purposes
as an intermediate step to translating the result into Australian dollars (known as the
‘functional currency’ choice).
oreign in ome
The current basis upon which the foreign income of corporations resident in Australia is
taxed is set out below.
• ore gn en s or str but ons a on e u t nterests as efine or ustra an

income tax purposes (i.e. the exemption does not apply to dividends paid on legal
form shares that are treated as debt interests) are exempt from tax when received by
a res ent or orate ta ent t that ho s at east a art at on nterest n the
ore gn om an he e em t on a so a es to str but ons re e e n re t e g
via a trust) by resident companies.
• t e ore gn bran h rofits o a res ent om an rom arr ng on bus ness
through a PE in a foreign country and capital gains made by a resident company from

Australia
the disposal of non-tainted assets used in deriving foreign branch income (except
income and capital gains from the operation of ships or aircraft in international A
tra fi are not assessab e or ta
• ther ore gn n ome o ustra an res ent or orat ons s sub e t to ta howe er n
most cases, an offset for foreign income tax paid is allowed to the extent of Australian
tax payable on such income.
• Generally, limited partnerships are treated as companies for Australian tax purposes.
In certain circumstances, foreign limited partnerships, foreign limited liability
partnerships, United States (US) limited liability companies, and United Kingdom
m te ab t artnersh s w be treate as artnersh s e as a ow
through entity) rather than as a company for the purposes of Australia’s income tax
laws.
• Australia also has a comprehensive CFC regime. See Controlled foreign companies
(CFCs) in the Group taxation section for more information.
edu tions
epre iation and depletion
A capital allowances regime allows a deduction for the decline in value of depreciating
assets held by a taxpayer. The holder of the asset is entitled to the deduction and may
be the economic, rather than the legal, owner. A ‘depreciating asset’ is an asset that has
a limited effective life and can reasonably be expected to decline in value over the time
it is used, but does not include land, trading stock, or, subject to certain exceptions,
intangible assets. Deductions are available for certain other capital expenditure.
Intangible assets that are depreciating assets (if they are not trading stock) are:
• Certain mining, quarrying, or prospecting rights and information.

• Items of intellectual property (IP).
• In-house software.
• Indefeasible rights to use an international telecommunications submarine cable
system.
• Spectrum licences under radio communications legislation.
• Datacasting transmitter licences.
• Telecommunications site access rights.
Taxpayers that do not qualify as a small business must depreciate the asset over its
useful life (known as ‘effective life’) using either the straight-line (known as the ‘prime
cost’ method) or diminishing-value method (straight-line rate multiplied by 200% for
depreciating assets acquired on or after 10 May 2006).
Taxpayers may self-determine the effective life of a unit or plant or may choose the
effective life contained in a published determination of the Commissioner of Taxation.
Non-small-business taxpayers are able to choose to write off all items costing less than
AUD 1,000 through a low-value pool at a diminishing-value rate of 37.5% per annum.
or those who sat s the sma bus ness ent t thresho broa efine as ta a ers
who are carrying on business and who, together with certain connected entities, have an
aggregate turno er o ess than m on or the ear a s m fie e re at on
system applies by taxpayer choice and with more attractive depreciation rates, including
an mme ate wr te o or e re at ng assets w th a ost o ess than that
are first a u re on or a ter m b ega t me n the ustra an a ta err tor on
a an first use or nsta e rea or use on or be ore une
Australia
‘Project pool’ rules allow expenditures that do not form part of the cost of a depreciating
asset to be deductible over the life of a project that is carried on for a taxable purpose.
Amongst other things, items that fall within the rules include the following:
• Amounts paid to create or upgrade community infrastructure for a community

associated with the project.
• Site preparation costs for depreciating assets (except horticultural plants in certain
circumstances).
• Amounts incurred for feasibility studies for a project.
• Environmental assessment costs applicable to the project.
• Amounts incurred to obtain information associated with the project.
• Amounts incurred in seeking to obtain a right to IP.
• Costs of ornamental trees or shrubs.
he so a e b a kho e e en ture ro s ons a ow a fi e ear stra ght ne wr te

off for capital expenditure in relation to a past, present, or prospective business, to the
extent that the business is, was, or is proposed to be carried on for a taxable purpose.
The expenditure is deductible to the extent that it is not elsewhere taken into account
(e.g. by inclusion in the cost base of an asset for CGT purposes) and that it is not denied
deductibility for the purposes of the income tax law (e.g. by the rules against deducting
entertainment expenditure).
Special rules apply for primary producer assets, such as horticultural plants, water and
land care assets, and the treatment of expenditure on research and development (R&D)
(see the Tax credits and incentives section for more information) and expenditure on
erta n ustra an fi ms
A luxury car cost limit applies for depreciating the cost of certain passenger motor
vehicles (AUD 57,466 cost limit for the 2015/16 income year).
Expenditure on the development of in-house software may be allocated to a ‘software

e e o ment oo or e en ture n urre n an n ome ear ommen ng on or a ter
u the rate o wr te o s fi e ears n ears two three an our an
n ear fi e mounts s ent on a u r ng om uter so tware or the r ght to use t
(except where the acquisition is for developing in-house software) generally are treated
as n urre on a u r ng a e re at ng asset e u t b e o er fi e ears ommen ng n
the ear t s first use or nsta e rea or use
A loss arising on the sale of a depreciating asset (depreciated value of the asset less sale
consideration) is generally an allowable deduction. A gain on the sale of a depreciating
asset, to the extent of depreciation recaptured, generally is taxed as ordinary income.
Gains exceeding the amount of depreciation recaptured are also taxed as ordinary
income.
Subject to exceptions referred to below, capital expenditure incurred after 15

September 1987 in the construction or improvement of non-residential buildings used
for producing assessable income is amortised over 40 years at an annual 2.5% rate.
Capital expenditure on the construction of buildings used for short-term traveller
accommodation (e.g. hotels, motels) and industrial buildings (typically factories) is
amortised over 25 years at an annual 4% rate where construction commenced after
26 February 1992. The cost of eligible building construction that commenced after
21 August 1984 and before 16 September 1987 (or construction contracted before 16
September 1987) is amortised over 25 years at an annual 4% rate. There is no recapture
of the amortised amount upon disposal of the building, except where the expenditure
is incurred after 13 May 1997, in which case recapture will apply, subject to certain
transitional rules.

Australia
Similar provisions apply in relation to income-producing residential buildings on which

construction commenced after 17 July 1985. A
The cost of income-producing structural improvements, the construction of which

started after 26 February 1992, is eligible for write-off for tax purposes on the same
basis as that of income-producing buildings, that is, at a rate of 2.5% per annum.
The cost of consumables may be either written off immediately or as used.
The following expenditure attracts an immediate 100% deduction: environmental

rote t on a t t es ea ng w th o ut on an waste an are o erat ons e or ng or
prospecting for minerals, including the cost of mining rights and information acquired
rom an ustra an go ernment agen or go ernment ent t m ne s te rehab tat on
an a ta e en ture n urre b r mar ro u ers on en ng an water a t es
at or after 7.30pm, by legal time in the Australian Capital Territory, on 12 May 2015.
Tax depreciation is not required to conform to book depreciation.
Percentage depletion based on gross income or other non-cost criteria is not available.
oodwill
Goodwill and trademarks are not depreciating assets, and tax amortisation is not
available.
Start up expenses
Certain start-up expenses, such as costs of company incorporation or costs to raise
e u t ma ua or a fi e ear stra ght ne wr te o to the e tent that t s a ta
expenditure in relation to a current or prospective business that is, or is proposed to
be arr e on or a ta ab e ur ose n mme ate e u t on s a a ab e or a range
of professional expenses (e.g. legal and accounting advice) and taxes or charges to an
Australian government agency associated with starting a new business.
nterest expenses
e a ru es ass finan a arrangements as e ther ebt or e u t nterests hese
rules focus on economic substance rather than legal form and take into account related
schemes, and extend beyond shares. In this situation, interest expense on non-share
equity would be treated as a dividend, which is potentially frankable, and would be non-
deductible for the paying company/group.
The law allows companies to claim a deduction for interest expenses incurred in relation
to offshore investments that generate non-assessable, non-exempt dividend income.
Thin capitalisation measures apply to the total debt of the Australian operations of
multinational groups (including branches of those groups). See Thin capitalisation in the
Group taxation section for more information.
Bad debts
A deduction may be available for bad debts written off as bad before the end of an
income year. Generally, a deduction will only be available where the amount of the debt
was previously included in assessable income, or the debt is in respect of money lent in
the ordinary course of a money lending business. The ability to claim a deduction for a
bad debt is also subject to other integrity measures.
The amount of a commercial debt forgiven (other than an intra-group debt within a
tax consolidated group) that is not otherwise assessable or does not otherwise reduce
an allowable deduction is applied to reduce the debtor’s carryforward tax deductions
for revenue tax losses, carryforward capital losses, undeducted capital expenditure,
and other capital cost bases in that order. Any amount not so applied generally is not
Australia
assessable to the debtor. Forgiveness includes the release, waiver, or extinguishment of a

debt (other than by full payment in cash) and the lapsing of the creditor’s recovery right
by reason of a statute of limitations.
aritable ontributions
Charitable contributions are generally deductible where they are made to entities that
are s e fi a name n the ta aw or en orse b the omm ss oner o a at on
as e u t b e g t re ents owe er e u t ons or su h g ts annot generate ta
losses. That is, generally the deduction is limited to the amount of assessable income
remaining after deducting from the assessable income for the year all other deductions.
Entertainment
Subject to limited exceptions, deductions are denied for expenditure on ‘entertainment’,
wh h broa s efine as enterta nment b wa o oo r nk or re reat on an
accommodation or travel to do with providing such entertainment.
ines and penalties

Fines and penalties imposed under any Australian and foreign law are generally not
e u t b e h s n u es fines an ena t es m ose n re at on to both an
criminal matters.
The General Interest Charge (GIC) and Shortfall Interest Charge (SIC), which are
imposed for failure to pay an outstanding tax debt within the required timeframe or
where a tax shortfall arises under an amended assessment, are deductible for Australian
tax purposes.
Taxes
In general, GST input tax credits, GST, and adjustments under the GST law are
disregarded for income tax purposes. Other taxes, including property, payroll, PRRT,
and FBT, as well as other business taxes, excluding income tax, are deductible to the
extent they are incurred in producing assessable income or necessarily incurred in
carrying on a business for this purpose, and are not of a capital or private nature.
t er signifi ant items

Where expenditure for services is incurred in advance, deductibility of that expenditure
generally will be prorated over the period during which the services will be provided, up
to a maximum of ten years.
General value shifting rules apply to shifts of value, direct or indirect, in respect of
loan and equity interests in companies or trusts. Circumstances in which these rules
may apply include where there is a direct value shift under a scheme involving equity
or loan interests, or where value is shifted out of an asset by the creation of rights in
respect of the asset, or where there is a transfer of assets or the provision of services for a
consideration other than at market value. The value shifting rules may apply to the head
company of a tax consolidated group or multiple entry consolidated (MEC) group for
value shifts also involving entities outside the group, but not to value shifting between
group members, which the tax consolidation rules address (see the Group taxation
section for more information).
et operating losses
osses ma be arr e orwar n efin te sub e t to om an e w th tests o ont nu t
of more than 50% of ultimate individual stock ownership or compliance with a same
business test. For consolidated group companies, the ability to utilise these losses is
eterm ne b a mo fie ers on o these tests see the Group taxation section for more
information).
osses ma not be arr e ba k

Australia
ayments to oreign a filiates

A corporation can deduct royalties, management service fees, and interest charges paid A
to non-residents, provided the amounts are referable to activities aimed at producing
assessable income, and also having regard to Australia’s transfer pricing rules. In the
case of royalties and interest payable to non-residents, there is also a requirement that
an a ab e s are rem tte to the omm ss oner o a at on be ore the e u t on
can be taken.
roup taxation
A tax consolidation regime applies for income tax and CGT purposes for companies,
partnerships, and trusts ultimately 100% owned by a single head company (or certain
entities taxed like a company) resident in Australia. Australian resident companies that
are 100% owned (either directly or indirectly) by the same foreign company and have no
common Australian head company between them and the non-resident parent are also
allowed to consolidate as a multiple entry consolidated (MEC) group. The group that is
consolidated for income tax purposes may differ from the group that is consolidated for
accounts or for GST purposes.
Groups that choose to consolidate must include all 100%-owned entities under an all-in
ru e an the ho e to onso ate s rre o ab e owe er e g b e t er om an es
(being Australian resident companies that have a non-resident shareholder) that are
members of a potential MEC group are not all required to join an MEC group when
it forms, but may form two or more separate MEC or consolidated groups, if they so
choose, of which the same foreign top company is the 100% owner. If an eligible tier-1
company joins a particular MEC group, all 100% subsidiaries of the company must
also join the group. While the rules for forming and joining MEC groups allow more
e b t than w th onso ate grou s the ongo ng ru es or grou s are more
complex, particularly for tax losses and on the disposal of interests in eligible tier-1
companies, which are subject to cost pooling rules, although for practical purposes
these rules are relevant only if the non-resident is holding or disposing of an indirect
Australian real property interest (s a i a ai s i i ai s i
more information).
A single entity rule applies to members of a consolidated or MEC group so that for
income tax purposes the subsidiary members are taken to be part of the head company,
while they continue to be members of the group and intra-group transactions are not
recognised. In general, no group relief is available where related companies are not
members of the same consolidated or MEC group. Rollover relief from CGT is available
on the transfer of unrealised gains on assets, which are taxable Australian property,
between companies sharing 100% common ownership where the transfer is between
non-resident companies, or between a non-resident company and a member of a
consolidated group or MEC group, or between a non-resident company and a resident
company that is not able to be a member of a consolidated group.
onso ate grou s fi e a s ng e ta return an a u ate the r ta ab e n ome or oss

ignoring all intra-group transactions.
When a consolidated group acquires 100% of an Australian resident entity, so that it

becomes a subsidiary member, the cost base of certain assets (in general, those that
are non-monetary) of the joining member are reset for all tax purposes, based on the
purchase price plus the entity’s liabilities, subject to certain adjustments. In this way, an
acquisition of 100% of an Australian resident entity by a consolidated group is broadly
the tax equivalent of acquiring its assets. Subject to certain tests being passed, tax losses
of the joining member may be transferred to the head company and may be utilised
subject to a loss factor, which is broadly the market value of the joining member divided
by the market value of the group (including the joining member). The value of the loss
Australia
factor (referred to as ‘the available fraction’) that applies for transferred losses may be
reduced by capital injections (or the equivalent) into the member before it joined, or into
the group after the loss is transferred.
Franking credits and tax losses remain with the group when a member exits, and the
cost base of shares in the exiting member is calculated based on the tax value of its assets
at the time of exit, less liabilities subject to certain adjustments.
Generally, members of the group are jointly and severally liable for group income tax
debts on the default of the head company, unless the group liability is covered by a tax
shar ng agreement that sat sfies erta n eg s at e re u rements member who
enters into a TSA generally can achieve a clean exit from the group where a payment is
made to the head company in accordance with the TSA.
Trans er pri ing

Australia has a comprehensive transfer pricing regime aimed at protecting the tax base
by ensuring that dealings between related, international parties are conducted at arm’s
length. The arm’s-length principle, which underpins the transfer pricing regime, uses
the behaviour of independent parties as a benchmark for determining the allocation of
income and expenses between international related parties. Australia’s transfer pricing
regime is in line with international best practice as set out by the OECD.
Transfer pricing adjustments operate on a self-assessment basis and apply in respect of

certain cross-border dealings between entities and to the allocation of actual income and
expenses of an entity between the entity and its PE, using the internationally accepted
arm’s-length principle, which is to be determined consistently with the relevant OECD
Guidance material (and applied to both treaty and non-treaty cases). In addition,
companies are required to have transfer pricing documentation in place to support their
self-assessed positions before the lodgement of the tax return.
Australia implemented the OECD’s new transfer pricing documentation standards from
1 January 2016 for those companies with global revenue of AUD 1 billion or more. Under
these new o umentat on stan ar s the ustra an a at on fi e w re e e
the following information on large companies operating in Australia:
• A country-by-country (CbC) report that shows information on the global activities of

a multinational, including the location of its income and taxes paid.
• master fi e onta n ng an o er ew o the mu t nat ona s g oba bus ness ts
organisational structure, and its transfer pricing policies.
• o a fi e that ro es eta about the o a ta a er s nter om an transa t ons
T in apitalisation
Thin capitalisation measures apply to the total debt of the Australian operations of
multinational groups (including branches of those groups). The measures cover
investment into Australia of foreign multinationals and outward investment of
Australian-based multinationals, and include a safe-harbour debt-to-equity ratio of
1.5:1. Interest deductions are denied to the extent that borrowing exceeds the applicable
safe-harbour ratio. Where borrowing exceeds the safe-harbour ratio, multinationals
are not affected by the rules if they can satisfy the arm’s-length test (that the borrowing
could have been borne by an independent entity). A further alternative test is available
for certain inward or outward investing entities based on 100% of their worldwide
gearing.
As mentioned above, the thin capitalisation rules apply to inward investment into
Australia. In particular, they will apply where a foreign entity carries on business
through an ustra an or to an ustra an ent t n wh h fi e or ewer non res ents
have at least a 50% control interest, or a single non-resident has at least a 40% control
nterest or the ustra an ent t s ontro e b no more than fi e ore gn ent t es

Australia
e arate ru es a to finan a nst tut ons o a tate the r n us on n the ru es

bran hes are re u re to re are finan a a ounts A
International Financial Reporting Standards (IFRS), equivalents of which currently

a n ustra a make t more fi u t or some ent t es to sat s th n a ta sat on
rules because of the removal of internally generated intangible assets from the balance
sheets. Accordingly, thin capitalisation law allows departure from the Australian
equivalents to IFRS in relation to certain intangible assets and excludes deferred tax
assets an ab t es an sur uses an efi ts n efine benefit su erannuat on un s
from applicable calculations.
ontrolled oreign ompanies s

Under Australia’s CFC regime, non-active income of foreign companies controlled by
Australian residents (determined by reference to voting rights and dividend and capital
entitlements) may be attributed to those residents under rules that distinguish between
companies resident in ‘listed countries’ (e.g. Canada, France, Germany, Japan, New
Zealand, the United Kingdom, and the United States) and in other ‘unlisted’ countries.
In general, if the CFC is resident in an unlisted country and it fails the active income test
(typically because it earns 5% or more of its income from passive or tainted sources), the
CFC’s tainted income (very broadly, passive income and gains, and sales and services
income that has a connection with Australia) is attributable. If a CFC is resident in a
listed country, a narrower range of tainted income is attributed even if the CFC fails the
active income test.
When income previously taxed on attribution is repatriated, it is not assessable for tax.
ntegrity measures or large multinationals

The following integrity measures seek to address multinational tax avoidance by
s gn fi ant g oba ent t es broa an ent t that s art o a grou w th g oba re enue
of AUD 1 billion or more):
• New transfer pricing documentation standards (see above for more information).
• The doubling of the maximum administrative penalties that can be applied to entities
that enter nto ta a o an e an rofit sh t ng s hemes a ab e to n ome ears
commencing on or after 1 July 2015).
• A targeted anti-avoidance rule aimed at multinationals that enter into arrangements
that art fi a a o ha ng a ta ab e resen e n ustra a e fi a th s measure
w ensure that rofits rom ustra an sa es are ta e n ustra a rom anuar
2016 where the activities of an Australian associated entity support the making of
those sa es an the rofit rom the ustra an sa es s booke o erseas an s not
attr butab e to a o the ore gn ent t n ustra a r n a ur ose o enter ng
nto the arrangement must be to reate a ta benefit
Tax redits and in enti es

oreign in ome tax o sets T s
FITOs are available to avoid double taxation in respect of foreign tax paid on income that
is assessable in Australia. Generally, a corporation will be entitled to claim a FITO where
it has paid, or is deemed to have paid, an amount of foreign income tax and the income
or gain on which the foreign income tax was paid is included in assessable income for
Australian tax purposes.
The amount of the FITO available is limited to the greater of AUD 1,000 and the amount
of the ‘FITO limit’. The FITO limit is broadly calculated as the difference between the
corporation’s actual tax liability and its tax liability if certain foreign taxed and foreign-
sourced income and related deductions were disregarded. Excess FITOs are not able to
be carried forward and claimed in later income years.
Australia
nward in estment in enti es

e en ng on the nature an s e o the n estment ro e t state go ernments ma g e
rebates from payroll, stamp, and land taxes on an ad hoc basis and for limited periods.
apital in estment in enti es

Incentives for capital investment are as follows:
• Accelerated deductions are available for capital expenditures on the exploration

for and extraction of petroleum and minerals (other than mining rights and
information acquired from a non-government third party that start to be held after
7.30pm [AEST] 14 May 2013, which are claimed over the shorter of 15 years and
the e o the asset the rehab tat on o ormer m nera e tra t on s tes erta n
environmental protection activities, the establishment of certain ‘carbon sink’ forests,
certain expenditure of primary producers, and for certain low cost depreciating assets
held by small business entities.
• There are a number of tax concessions aimed at encouraging investments in the
venture capital sector. Non-resident pension funds that are tax-exempt in their home
jurisdiction, are residents of Canada, France, Germany, Japan, the United Kingdom,
the United States, or another country prescribed by regulation, and satisfy certain
Australian registration requirements are exempt from income tax on the disposal
of investments in certain Australian venture capital equity held at risk for at least
12 months. A similar exemption is extended to other tax-exempt non-resident
investors, including managed funds and venture capital fund-of-funds vehicles and
taxable non-residents holding less than 10% of a venture capital limited partnership.
These investors are able to invest in eligible venture capital investments through an
Australian resident venture capital limited partnership or through a non-resident
venture capital limited partnership. Eligible venture capital investments are limited to
s e fie nterests n om an es an trusts eta e ru es n the eg s at on res r be
the nature of such investments and the characteristics, which such companies and
trusts, and their investments, must possess.
• From 1 July 2016, investors in an Australian Early Stage Innovation Company (ESIC),
broadly a company that is at an early stage of establishment to develop new or
s gn fi ant m ro e nno at ons w th the ur ose o ommer a sat on to generate
an economic return, are provided with a non-refundable carry forward tax offset
equal to 20% of the amount paid for the investment, subject to a cap, and a capital
gains tax exemption for shares that have been held for between one and ten years.
• There is a venture capital tax concession applicable to an ‘early stage venture capital
m te artnersh he thresho s or ua fi at on n u e re u rements
that amongst other th ngs the omm tte a ta o the must be at east
AUD 10 million but not exceed AUD 200 million, the investments made must fall
w th n res r be arameters as to s e an ro ort on o tota a ta an the
must ha e an n estment an a ro e b nno at on ustra a here the
thresho s or the r a at on are met the ro s ons ro e ow through
tax treatment to domestic and foreign partners, with the income and capital received
by the partners exempt from taxation. As the income is tax exempt, the investor is not
able to deduct investment losses.
• The taxable income derived from offshore banking transactions by an authorised
offshore banking unit in Australia is taxed at the rate of 10%.
• Refundable tax offsets are available to companies for certain expenditure incurred in
ustra a n ro u ng s e fie asses o fi m or un ertak ng s e fie ost g ta
or s e a e e ts ro u t on a t t es n res e t o s e fie asses o fi ms he
concessions are only available to a company that is either an Australian resident or
a non-resident carrying on business through an Australian PE and which has been
issued with an Australian Business Number (ABN). The availability of the offsets
is subject to a number of conditions, including meeting registration and minimum
spend requirements. The rate of the offset varies from 15% to 40%, depending upon
the nature o the re e ant fi m an a t t es un ertaken

Australia
• n e orat on e e o ment n ent e a es or ustra an res ent n estors

n sma m nera e orat on om an es un ertak ng greenfie m nera e orat on A
in Australia. Under the EDI, investors may be entitled to a refundable tax offset (or
additional franking credits in the case of a corporate investor) where the company in
which they have invested has chosen to convert a tax loss that arose from exploration
or prospecting expenditure into an exploration credit up to a capped amount. The
EDI applies in respect of eligible expenditure from the 2014/15 to 2016/17 income
years.
tax redit
For companies with an annual turnover of less than AUD 20 million, the current law
provides a 45% refundable R&D tax credit, equivalent to a 150% tax concession. This
equates to a cash savings of 15% on every dollar of R&D spend and will be refundable
where the company is in a tax loss position. Companies with a turnover of greater
than AUD 20 million have access to a non-refundable 40% tax credit, equivalent to a
133% tax concession. This equates to a cash savings of 10% on every dollar of R&D
s en owe er t s urrent ro ose that the ta re ts w be re u e b
er entage o nts or n ome ears ommen ng on or a ter u
he amount o the on ess ona or ta re t s m te to e g b e

e en ture o m on w th an e ess amount sub e t to a re t
Generally, only genuine R&D activities undertaken in Australia qualify for the R&D
ta n ent e owe er a t t es on u te o erseas a so ua n m te
circumstances where the activities cannot be undertaken in Australia. Special grant
programmes also may be available to assist corporations in the conduct of certain R&D
in Australia. These grants are awarded on a discretionary basis.
t er in enti es
Cash grants for export-market development expenditure are available to eligible
businesses seeking to export Australian-source goods and services.
Wit olding taxes

rates are shown n the o ow ng tab e
Recipient Dividends (%) (1) Interest (%) (2) Royalties (%) (3)
Resident corporations or individuals (35) 0 0 0
Non-resident corporations or individuals:
Non-treaty 30 10 30
Treaty:
Argentina 10/15 (4) 12 10/15 (4)
Austria (5) 15 10 10
Belgium 15 10 10
Canada 5/15 (6) 10 10
Chile (7) 5/15 (7) 5/10/15 (7) 5/10 (7)
China, People’s Republic of (8) 15 10 10
Czech Republic 5/15 (9) 10 10
Denmark 15 10 10
East Timor (Timor Sea Treaty) (10) 15 10 10
Fiji 20 10 15
Finland 0/5/15 (11) 0/10 (11) 5 (11)
France 0/5/15 (12) 0/10 (12) 5 (12)
Germany (34) 15 10 10
Hungary 15 10 10
Australia
India 15 15 10/15 (13)
Indonesia 15 10 10/15 (14)
Ireland, Republic of 15 10 10
Italy 15 10 10
Japan 0/5/10/15 (15) 0/10 (15) 5 (15)
Kiribati 20 10 15
Korea, Republic of 15 15 15
Malaysia 0/15 (16) 15 15
Malta 15 (17) 15 10
Mexico 0/15 (18) 10/15 (18) 10
Netherlands 15 10 10
New Zealand 0/5/15 (19) 0/10 (19) 5
Norway 0/5/15 (20) 0/10 (20) 5
Papua New Guinea 15/20 (21) 10 10
Philippines 15/25 (22) 10/15 (22) 15/25 (22)
Poland 15 10 10
Romania 5/15 (23) 10 10
Russian Federation 5/15 (24) 10 10
Singapore 0/15 10 10
Slovak Republic 15 10 10
South Africa 5/15 (25) 0/10(25) 5
Spain 15 10 10
Sri Lanka 15 10 10
Sweden 15 10 10
Switzerland (26) 0/5/15 (26) 0/10 (26) 5/10 (26)
Taipei/Taiwan 10/15 (27) 10 12.5
Thailand 15/20 (28) 10/25 (28) 15
Turkey (29) 5/15 (29) 0/10 (29) 10
United Kingdom (30) 0/5/15 (31) 0/10 (31) 5
United States 0/5/15/30 (32) 0/10/15 (32) 5 (32)
Vietnam 10/15 (33) 10 10
Notes
1. ividends aid to non residents are e em t from dividend e ce t when aid o t of rofits of
a company that have not borne Australian tax (i.e. unfranked dividends). Dividends include those
stock dividends that are taxable. The rates shown apply to dividends on both portfolio investments
and substantial holdings other than dividends paid in connection with an Australian PE of the non-
resident. Unfranked dividends paid to non-residents are exempt from dividend WHT to the extent that
the dividends are declared by the company to be conduit foreign income. There is also a deduction
in certain cases to compensate for the company tax on inter-entity distributions where these are
on-paid by holding companies to a 100% parent that is a non-resident (see Dividend income in
the ncome determination section). Dividends paid to a non-resident in connection with an Australian
PE are taxable to the non-resident on a net assessment basis (i.e. the dividend and associated
deductions will need to be included in the determination of the non-resident’s taxable income, the
dividend is not subject to dividend WHT), and a franking tax offset is allowable to the non-resident
company for franked dividends received.
2. Australia’s interest WHT rate is limited to 10% of gross interest, although the treaty may allow for a
higher maximum limit. An exemption from Australian WHT can be obtained for interest on certain
public issues or widely held issues of debentures. Provisions exist to ensure that discounts and other
ec niar benefits derived b non residents on vario s forms of financings are s b ect to interest
WHT. Interest paid to non-residents by offshore banking units is exempt from interest WHT where
offshore borrowings are used in offshore banking activities (including lending to non-residents). An
offshore borrowing is defined as a borrowing from i an nrelated non resident in an c rrenc or ii a
resident or a related person in a currency other than Australian currency. The interest WHT rates listed
above for residents in a treaty country are those that generally apply. It is common for Australia’s tax
treaties to incl de a red ced limit for interest derived b certain government entities and/or financial
institutions. One should refer to the relevant treaty for these limits.

Australia
3. Royalties paid to non-residents (except in respect of a PE in Australia of a resident of a treaty country)

are subject to 30% WHT (on the gross amount of the royalty), unless a DTA provides for a lesser rate. A
Tax is generally limited to the indicated percentage of the gross royalty.
4. For Australian-sourced dividends that are franked under Australia’s dividend imputation provisions
and paid to a person who directly holds at least 10% of the voting power of the company, the limit
is 10% (although note that Australia does not impose WHT on franked dividends). For Argentinean-
sourced dividends paid to a person who holds at least 25% of the capital in the company, the limit
is 10%. A 15% limit applies to other dividends. Source-country tax is limited to 10% of the gross
amount of royalties in relation to copyright of literary, dramatic, musical, or other artistic work; the
se of ind strial or scientific e i ment the s l of scientific, technical, or ind strial knowledge
assistance ancillary to the above; or certain forbearances in respect of the above. Source-country tax
is limited to 10% of the net amount of royalties for certain technical assistance. In all other cases, it is
limited to 15% of the gross amount of royalties.
5. The government announced on 4 February 2010 that negotiations to update Australia’s tax treaty with
Austria would take place in March 2010. No further announcements have been made in relation to the
progress of treaty negotiations.
6. A 5% dividend WHT rate applies to franked dividends paid by an Australian resident company and,
in the case of dividends paid by a Canadian resident company (other than a non-resident owned
investment corporation), to a company that directly holds at least 10% of the voting power in the
dividend company (although note that Australia does not impose WHT on franked dividends).
Otherwise, the maximum WHT rate on dividends is 15%.
7. A 5% dividend WHT rate applies to dividends paid to a company that directly holds at least 10%
of the voting power in the company paying the dividends. Otherwise, the maximum WHT rate on
dividends is 1 . n res ect of interest, a rate a lies to interest derived b a financial
institution that is unrelated to and dealing wholly independently with the payer. Where the 5% rate
does not apply, a 15% WHT rate applies to interest arising in Chile, and a 10% WHT rate applies to
interest in all other cases. A 5% royalty WHT rate applies to royalties for the use of, or right to use,
an ind strial, commercial, or scientific e i ment, and a 10 ro alt rate a lies in all other
cases.
8. Except Hong Kong and Macau.
9. The treaty between Australia and the Czech Republic allows Australia to impose a 5% WHT on the
franked part of a dividend in certain circumstances (although note that Australia does not impose
WHT on franked dividends). In the Czech Republic, a rate of 15% applies to the gross amount of
dividends if the dividends are paid to a company that directly holds at least 20% of the capital of the
company paying the dividend.
10. East Timor does not have a comprehensive DTA with Australia. However, the Timor Sea Treaty
governs the taxation rights between the two countries for petroleum-related activities conducted in
the Joint Petroleum Development Area of the Timor Sea by any person or entity, irrespective of the
residency status of that person or entity. Where the Timor Sea Treaty applies to third-country resident
payees, only 10% of the total gross interest, dividend, or royalty payment is subject to Australian
WHT, as follows:
• Interest: 10% of total gross interest paid is subject to WHT at a rate of 10%.
• Dividends: 10% of total gross unfranked dividends paid are subject to WHT at a rate of 15%, or
at the relevant DTA rate of the recipient.
• Royalties: 10% of total gross royalties paid is subject to WHT at a rate of 10%, or at the relevant
DTA rate of the recipient. However, the other 90% of each such amount is subject to East
Timorese WHT at the same rates.
11. A zero WHT rate applies to inter-corporate dividends where the recipient directly holds 80% or
more of the voting power of the company paying the dividend. A 5% rate limit applies on all other
inter-corporate dividends where the recipient directly holds 10% or more of the voting power of the
company paying the dividend. A 15% rate applies to all other dividends. A rate limit of 10% applies to
interest, e ce t no ta is chargeable in the so rce co ntr on interest derived b a financial instit tion
resident in the other country or a government or political or administrative subdivision or local
a thorit or central bank of the other co ntr . Amo nts derived from e i ment leasing incl ding
certain container leasing are e cl ded from the ro alt definition and treated either as international
trans ort o erations or b siness rofits.
12. The source country exempts inter-corporate non-portfolio (i.e. minimum 10% shareholding) dividends
aid o t of rofits that have borne the normal rate of com an ta . here is a rate limit for all
other non-portfolio dividends. A rate limit of 15% applies for all other dividends. A rate limit of 10%
a lies to interest, e ce t no ta is chargeable in the so rce co ntr on interest derived b a financial
institution resident in the other country or a government or political or administrative subdivision
or local a thorit or central bank of the other co ntr . Amo nts derived from e i ment leasing
incl ding certain container leasing are e cl ded from the ro alt definition and treated either as
international trans ort o erations or b siness rofits.
13. The source-country limit under the Indian agreement is 10% for royalties paid in respect of the use
of or rights to se ind strial, commercial, or scientific e i ment or for the rovision of cons lting
services related to s ch e i ment. n other cases, the limit is 1 .
14. The source-country limit under the Indonesian agreement is 10% for royalties paid in respect of
the se of or the right to se an ind strial, commercial, or scientific e i ment or for the s l of
scientific, technical, ind strial, or commercial knowledge or information, and it is 1 in other cases.
15. The source country exempts inter-corporate dividends where the recipient directly holds 80%
or more of the voting ower of the com an a ing the dividend and certain limitation of benefit
thresholds are met. A 5% rate limit applies on all other inter-corporate dividends where the recipient
directly holds 10% or more of the voting power of the company paying the dividend. A rate limit of
10% otherwise applies for dividends. However, where the dividends are paid by a company that
is a resident of Japan, which is entitled to a deduction for the dividends in Japan, the rate limit is
15% where more than 50% of the assets of the paying company consist, directly or indirectly, of
real property situated in Japan and 10% in all other cases. Special rules apply to distributions to
Australia
Japanese residents by real estate investment trusts (REITs). A rate limit of 10% applies to interest,
e ce t no ta is chargeable in the so rce co ntr on interest derived b a financial instit tion resident
in the other country or a government or political subdivision or local authority or central bank or other
s ecified entit of the other co ntr . Amo nts derived from e i ment leasing incl ding certain
container leasing are e cl ded from the ro alt definition and treated either as international trans ort
o erations or b siness rofits.
16. A zero dividend WHT rate applies to franked dividends paid by an Australian resident company
to an entity that directly holds at least 10% of the voting power in the dividend paying company’;
otherwise, a 15% WHT rate applies. In relation to dividends paid by a company resident of Malaysia,
no WHT applies.
17. o rce co ntr ta in alta is limited to the ta chargeable on the rofits o t of which the dividends
are paid.
18. A zero dividend WHT rate applies to franked dividends paid (in Mexico, those dividends that have
been aid from the net rofit acco nt to a com an that directl holds at least 10 of the voting
power in the dividend paying company. In all other cases, a 15% WHT rate will apply to dividends.
Source-country tax is limited to 10% when interest is paid to a bank or an insurance company,
derived from bonds and securities that are regularly and substantially traded on a recognised
securities market, paid by banks (except where the prior two criteria apply), or paid by the purchaser
to the seller of machiner and e i ment in connection with a sale on credit. t is 1 in all other
cases.
19. A zero WHT rate applies in certain cases to inter-corporate dividends where the recipient directly
holds at least 80% of the voting power in the dividend paying company. A rate of 5% applies on all
other inter-corporate dividends where the recipient directly holds 10% or more of the voting power
of the company paying the dividend. A general limit of 15% applies for all other dividends. Source-
country tax on interest is limited to 10%. However, no tax is chargeable in the source country on
interest derived by a government or a political subdivision or local authority of the other country
(including a government investment fund or a bank performing central banking functions) or on
interest derived b a financial instit tion that is nrelated to and dealing wholl inde endentl of the
payer (excluding interest paid as part of a back-to-back loan arrangement and, for New Zealand
payers, where that person has not paid approved issuer levy).
20. A zero WHT rate applies in certain cases to inter-corporate dividends where the recipient directly
holds at least 80% of the voting power in the dividend paying company for the 12-month period
prior to payment. A rate of 5% applies to all other inter-corporate dividends where the recipient
directly holds 10% or more of the voting power of the company paying the dividend. A general limit
of 15% applies to all other dividends. A general rate limit of 10% applies to interest. However, no
tax is chargeable in the source country on interest derived by a government of the other country
(including its money institutions or a bank performing central banking functions) from the investment
of official reserve assets and on interest derived b a financial instit tion resident in the other co ntr
(excluding interest paid as part of a back-to-back loan arrangement).
21. For Australian-source dividends, the limit is 15%. Where dividends are sourced in Papua New
Guinea, the limit is 20%.
22. o rce co ntr ta is limited to 1 where relief b wa of rebate or credit is given to the beneficial
owner of the dividend. In any other case, source-country tax is limited to 25%. Source-country tax
generally is limited to 15% of gross royalties if paid by an approved Philippines enterprise. In all other
cases, the rate is limited to 25% of the gross royalties.
23. Source-country tax (Australia) is limited to 5% where a dividend is paid to a Romanian resident
company that directly holds at least 10% of the capital of the Australian company paying the dividend
to the extent that the dividend is fully franked. Source-country tax (Romania) is limited to 5% where
a dividend is paid to an Australian resident company that directly holds at least 10% of the capital
of the omanian com an a ing the dividend if the dividend is aid o t of rofits that have been
s b ect to omanian rofits ta . n other cases, it is limited to 1 .
24. Source-country tax generally is limited to 15%. However, a rate of 5% applies where the dividends
have been fully taxed at the corporate level, the recipient is a company that has a minimum direct
holding in the paying company, and the recipient has invested a minimum of AUD 700,000 or the
ssian r ble e ivalent in the a ing com an . here the dividends are aid b a com an that is a
resident in Russia, the dividends are exempt from Australian tax.
25. A 5% rate limit applies on all inter-corporate dividends where the recipient directly holds 10% or
more of the voting power of the company paying the dividend. A rate limit of 15% otherwise applies
for dividends. A general rate limit of 10% applies to interest. However, no tax is chargeable in the
source country on interest derived by a government of the other country (including a bank performing
central banking f nctions and on interest derived b a financial instit tion resident in the other
country (excluding interest paid as part of a back-to-back loan arrangement).
26. The DTA applies a 5% WHT rate to dividends paid to companies that hold directly 10% or more of
the voting power of the paying company. Dividends paid to publicly listed companies, or subsidiaries
thereof, or to unlisted companies in certain circumstances, that hold 80% or more of the voting
power of the paying company will be exempt from dividend WHT. Dividends paid to government or
a political subdivision or local authority (including a government investment fund), a central bank,
complying Australian superannuation funds, and tax exempt Swiss pension schemes will also be
exempt from dividend WHT. In all other cases, a 15% WHT rate will apply. A general rate limit of
10% applies to interest. However, interest paid to bodies exercising governmental functions, banks
performing central banking functions, banks that are unrelated to and dealing independently with
the payer, complying Australian superannuation funds, and tax exempt Swiss pension schemes are
exempt from interest WHT. The DTA applies a 5% WHT on royalties.
27. Source-country tax (Taiwan) is limited to 10% of the gross amount of the dividends paid to a
company that holds at least 25% of the capital of the company paying the dividends. A rate of 15%
a lies in all other cases. o the e tent that dividends are franked beca se the are aid o t of rofits
that have borne Australian tax, they are exempt from dividend WHT ( ee ote a ove). The treaty
allows Australia to impose a 10% WHT on the franked part of a dividend.

Australia
28. The source-country limit on dividends where the recipient has a minimum 25% direct holding in the
paying company is 15% if the paying company engages in an industrial undertaking; 20% in other A
cases. he so rce co ntr limit on interest is 10 when interest is aid to a financial instit tion. t is
25% in all other cases.
29. A 5% WHT rate applies to inter-corporate dividends where the recipient directly owns 10% of the
voting power of an Australian resident company or directly owns 25% of the capital of a Turkish
resident com an where the rofits o t of which the dividend is aid has been s b ect to the f ll rate
of corporation tax in Turkey. In all other cases, a 15% WHT rate will apply. The DTA applies a general
limit of 10 on interest. owever, interest derived from the investment of official reserve assets
by the either the Australian or Turkish government, the Australian or Turkish central bank, or a bank
performing central banking functions in either Australia or Turkey shall be exempt from interest WHT.
30. On 28 October 2008, it was announced that the Australian and the United Kingdom governments
would commence negotiations on a revised tax treaty. No further announcements have been made in
relation to the progress of treaty negotiations.
31. Source-country tax on dividends is generally limited to 15%. However, an exemption applies for
dividends aid to a listed com an that satisfies certain blic listing re irements and controls 0
or more of the voting power in the company paying the dividend, and a 5% limit applies to dividends
paid to other companies with voting power of 10% or greater in the dividend paying company.
Source-country tax on interest is generally limited to 10%. However, generally zero interest WHT is
a able where interest is aid to a financial instit tion or a government bod e ercising governmental
functions.
32. Source-country tax on dividends is generally limited to 15%. No source country tax is chargeable
on dividends to a beneficiall entitled com an that satisfies certain blic listing re irements and
holds 80% or more of the voting power in the company paying the dividend. A 5% limit applies
to dividends paid to other companies with voting power of 10% or greater in the dividend paying
company. No limit applies to US tax on dividends paid on certain substantial holdings of Australian
residents in US REITs. In practical terms, US tax on these dividends is increased from 15% to the
current US domestic law rate of 30%. The 15% rate applies to REIT investments made by certain
listed A stralian ro ert tr sts s b ect to the nderl ing ownershi re irements not e ceeding
certain levels. nvestments in s b listed A stralian ro ert tr sts ac ired before 26 arch
2001 are protected from the increased rate. Source-country tax on interest generally is limited to
10 . owever, generall ero interest is a able where interest is aid to a financial instit tion
or a government body exercising governmental functions. Rules consistent with US tax treaty policy
and practice will allow interest to be taxed at a higher 15% rate (the rate that generally applies to
dividends) and for tax to be charged on intra-entity interest payments between a branch and its head
office. Amo nts derived from e i ment leasing incl ding container leasing are e cl ded from the
ro alt definition.
33. Source-country tax is limited to 15% (Australia) and 10% (Vietnam).
34. erman and A stralia signed a new ta treat . hen the new treat takes effect, so rce co ntr
ta on dividends will be generall limited to 1 , s b ect to an e em tion for dividends aid to a
beneficiall entitled com an that satisfies certain blic listing re irements and holds 0 or more
of the voting power in the company paying the dividend and a 5% limit that will apply to dividends
aid to com anies with voting ower of 10 or greater in the dividend a ing com an . o rce
co ntr ta on interest is generall limited to 10 . owever, when the new treat takes effect, ero
interest will be a able where interest is aid to a financial instit tion or a government
body exercising governmental functions. When the new treaty takes effect, a 5% WHT will apply
to ro alties.
35. here the reci ient does not ote a a ile mber or A stralian siness mber , the a er is
obligated to withhold tax at the rate of 49% under the Pay-As-You-Go (PAYG) withholding regime. No
withholding is re ired in relation to franked dividends.
t er payments
A PAYG withholding regime applies to require the deduction and remittance of taxes
on behalf of foreign resident individuals and entities that are in receipt of the following
types of payments:
Type of payment Rate of withholding (%)

Payments for promoting or organising casino gaming junket 3
arrangements
Payments for performing artists and sportspersons, including
payments to support staff such as art directors, bodyguards,
coaches, hairdressers, and personal trainers:
if recipient is a company 30
if recipient is an individual the applicable non-resident
marginal tax rate
Payments under contracts entered into for the construction, 5
installation, and grading of b ildings, lant, and fi t res, and for
associated activities
Australia
anaged in estment trust distributions

or manage n estment trust un a ments to a non res ent n estor a reg me
applies, with divergent outcomes, depending upon whether or not the recipient of such
un a ments s res ent o a ountr ent fie as be ng one w th wh h ustra a has
an effective exchange of information (EEOI) arrangement and which is regulated as
su h or ur oses o these ru es or a res ent o a regu ate ountr a fina
at a 15% rate applies for distributions. For residents of non-EEOI regulated countries, a
fina at a rate a es
str but ons rom a manage n estment trust that ho s on ert fie ean bu ngs
s e g b e or a re u e rate o o where the re ent o the un a ment s a
resident of a regulated EEOI country.
ountr es that ha e been ent fie b regu at on are ngu a nt gua arbu a
ruba the ahamas e e ermu a the r t sh rg n s an s the a man s an s
the Cook Islands, Gibraltar, Guernsey, Isle of Man, Jersey, Macau, Mauritius, Monaco,
the Netherlands Antilles, San Marino, St. Christopher and Nevis, St. Vincent and the
Grenadines, and the Turks and Caicos Islands, as well as countries with which Australia
has on u e s other than ustr a h e ree e the h nes w t er an
and Turkey. Australia has entered into EEOI agreements with Andorra, Bahrain,
Brunei (not yet in force), Chile, Costa Rica, Dominica, Grenada, Guatemala (not yet in
or e ber a e htenste n the arsha s an s ontserrat a nt u a amoa
w t er an urke rugua an anuatu howe er these ountr es ha e not et been
ent fie n regu at ons to be ountr es
Australia has a new attribution tax regime that certain managed investment trusts
(known as attribution managed investment trusts or AMITs) can elect to apply from
1 July 2016 (unless a choice has been made to apply the law from 1 July 2015).
The allocation of trust components to the members of an AMIT will be based on
an ‘attribution’ rather than based on present entitlement to distributable income.
Members of an AMIT will be taxed on the parts of the AMIT’s trust components that are
attributed to them as if they derived those amounts in their own right and in the same
circumstances as the AMIT.
Tax administration
Taxable period
he ustra an ta ear runs rom u to une owe er a or orat on ma a
to adopt a substitute year of income, for example, 1 January to 31 December.
Tax returns
or orat on n u ng the hea om an o a ta onso ate grou o ges fi es a
tax return under a self-assessment system that allows the ATO to rely on the information
stated on the return. Where a corporation is in doubt as to its tax liability regarding a
s e fi tem t an ask the to ons er the matter an obta n a b n ng r ate
ruling.
enera the ta return or a or orat on s ue to be o ge fi e w th the b the

15th day of the seventh month following the end of the relevant income year or such
later date as the Commissioner of Taxation allows. Additional time may apply where the
ta return s o ge fi e b a reg stere ta agent
ayment o tax
A PAYG instalment system applies to companies other than those whose annual tax is
less than AUD 8,000 that are not registered for GST. Most companies are obligated to
pay instalments of tax for their current income year on a monthly or quarterly basis. All

Australia
companies with turnover of AUD 20 million or more will pay instalments on a monthly
basis. A
Instalments are calculated by applying an instalment rate to the amount of the

company’s actual ordinary income (ignoring deductions) for the previous quarter. The
nsta ment rate s not fie to the ta a er b the an eterm ne b re eren e to
the tax payable for the most recent assessment. The ATO may notify a new rate during
the year on which subsequent instalments must be based. Taxpayers can determine their
own instalment rate, but there may be penalty tax if the taxpayer’s rate is less than 85%
of the rate that should have been selected.
na assesse ta s a ab e on the first a o the s th month o ow ng the en o that

income year or such later date as the Commissioner of Taxation allows by a published
notice.
Tax audit pro ess

he ustra an ta s stem or om an es s base on se assessment howe er the
undertakes ongoing compliance activity to ensure corporations are meeting their tax
obligations. The ATO takes a risk-based approach to compliance and audit activities,
with efforts generally focused on taxpayers with a higher likelihood of non-compliance
and/or higher consequences (generally in dollar terms) of non-compliance. Compliance
activities take various forms, including general risk reviews, questionnaires, reviews of
s e fi ssues an au ts
Statute o limitations
Generally, the Commissioner of Taxation may amend an assessment within four years
after the day of which an assessment is given to a company. Under the self-assessment
system, an assessment is deemed to have been given to the company on the day on
which it lodges its tax return. The four-year time limit does not apply where the
Commissioner is of the opinion there has been fraud or evasion, or to give effect to a
decision on a review or appeal, or as a result of an objection made by the company, or
pending a review or appeal. The unlimited period of review of an assessment to give
effect to a transfer pricing adjustment was recently changed to a seven-year period of
review in respect of assessments raised for an income year commencing on or after 29
June 2013.
Topi s o o us or tax aut orities

The ATO periodically releases during the year its compliance focus areas that are
attracting its attention. The following are current areas of focus by the ATO for large and
multinational businesses:
• strong o us on sh t ng o rofits to ower ta ur s t ons an the essat on o

Australian operations, including a focus on cross-border transactions.
• Structuring and business events, such as mergers and acquisitions, divestment of
major assets and demergers, share buy backs, capital raisings and returns of capital,
private equity entries and exits, and initial public offerings.
• Capital gains tax, losses (capital and revenue), tax consolidation, infrastructure
n estments an finan a arrangements
• our ke n ustr es bank ng an finan e energ an resour es su erannuat on an
insurance.
• Sharing data and intelligence on risks and opportunities, sharing capabilities and
strategies, and joint compliance action with other jurisdictions.
Australia
t er issues
ntergo ernmental agreement on t e oreign ount Tax
omplian e t T
In April 2014, the Australian government signed an IGA with the United States in
relation to the implementation of FATCA. The agreement is intended to establish a
ramework to ass st ustra an finan a nst tut ons n meet ng the r ob gat ons un er
FATCA.
ustra a has ena te eg s at on to g e e e t to the re u r ng ustra an finan a

institutions to collect information about their customers that are likely to be taxpayers in
the United States, and report that information to the ATO. The Australian Commissioner
of Taxation will then pass this information on to the US Internal Revenue Service (IRS).
Australia’s obligations under the agreement apply to FATCA ‘reportable accounts’
maintained on or after 1 July 2014.
Transparen y
The Commissioner of Taxation is required to publish limited information about the tax
affairs of public and foreign-owned companies with ‘total income’ of AUD 100 million or
more for an income year, and Australian-owned private companies with total income of
at least AUD 200 million for an income year, as reported in the entity’s tax return, and
those with a liability to pay the former Minerals Resource Rent Tax (MRRT) or PRRT.
The published information discloses the entity’s name, Australian Business Number,
total income, taxable income, and tax payable.
The Australian government, in delivering its 2016/17 Federal Budget, has encouraged
all companies (annual turnover of AUD 100 million or more) to adopt a Voluntary Tax
Transparency Code (TTC) for increased public disclosure of their tax information from
the finan a ear onwar s
Australia has also adopted the OECD’s Common Reporting Standard (CRS), which
w a to finan a nst tut ons n ustra a rom u w th a first re ort ng
deadline of 31 July 2018. Financial Institutions, including banks and other deposit-
tak ng nst tut ons usto a nst tut ons or ent t es that ho finan a assets or the
account of others, are required to report information in the form of a statement to the
omm ss oner o a at on about finan a a ounts he b ore gn ta res ents n turn
the Commissioner of Taxation will provide this information to the foreign residents’
ta author t es an w re e e n ormat on on ustra an ta res ents w th finan a
accounts held overseas.
oreign in estment tax onditions

Foreign investors that invest in Australia are now subject to additional criteria as part
of the clearance process for proposed foreign investment in Australia. On 22 February
2016, the Australian government announced that tax conditions are to be formally
applied and will be considered in making an assessment of Australia’s national interest,
a key criterion in the foreign investment clearance process. These new tax conditions
include requirements relating to the settlement of outstanding debts, ongoing
compliance with tax laws, and annual reporting to the ATO.

Cambodia
PwC contact
Heng Thy
PricewaterhouseCoopers (Cambodia) Limited
35 Sihanouk Boulevard, Sangkat Tonle Bassac, Khan Chamkarmon
Phnom Penh, Cambodia C
Tel: +855 23 860 606
Email: heng.thy@kh.pwc.com

rakas on tax me anism or finan e lease transa tions
The Ministry of Economy and Finance (MEF) has issued a Prakas outlining a mechanism
to ta finan e ease transa t ons e e h gh ghte the ke o nts be ow
• Registration requirements: The lessor must be a real-regime registered taxpayer and

ha e a finan e ease en e rom the at ona ank o ambo a
• Lease period: Must be more than one year.
• on t ons here are ar ous on t ons that finan e ease transa t ons must om
with.
• a es on finan e ease transa t ons
• Value-added tax (VAT): Output VAT applies to the principal and other charges,
except for interest. Input VAT is allowed as a credit to both the lessor and lessee.
• re a ment o ta on rofit o an m n mum ta he essor s sub e t to
prepayment of ToP and minimum tax on all charges and interest, excluding the
principal.
• ToP: The lessor must recognise income at the earlier of when the payment to be
received is due or paid.
• Tax depreciation: The lessee is entitled to tax depreciation on the leased asset.
• thho ng ta oesn t a to finan e ease transa t ons
rakas on t e suspension o prepayment o To or garment and

ootwear manu a turing enterprises
arment an ootwear manu a tur ng enter r ses aren t re u re to a month
prepayment of ToP for another two years, until the end of 2017. However, the payment
sus ens on re u res those enter r ses to subm t the r statutor finan a au te re ort
to the ta a m n strat on otherw se the w be sub e t to ena t es st u ate n the
taxation law.
Enterprises that support the export activities of garment, textile, footwear, bag,
han bag an hea wear enter r ses aren t ent t e to th s sus ens on
rakas on taxpayer lassifi ation under t e sel de laration regime

n er the se e arat on reg me rea reg me ta a ers w be re ass fie nto three
categories based on their turnover (total value of supplies of goods and services), legal
form, and other criteria, as summarised below:
Type of taxpayer Criteria (turnover approximated United States dollars [USD] amount)
Sole proprietorship or general partnership:
• Annual turnover of USD 62,500 to USD 175,000.
• Total turnover for any three consecutive calendar months exceeds USD
15,000.
Small
• Total expected turnover for the next three consecutive months exceeds USD
15,000.
• Participating in bidding, fee consultation, or fee surveys for the supply of
goods or services.
www.pwc.com/taxsummaries Cambodia 28
Cambodia
Type of taxpayer Criteria (turnover approximated United States dollars [USD] amount)
• Annual turnover of USD 175,000 to USD 500,000.
• Registered as a legal person.
Medium
• Government institutions below national level, associations, and non-
government organisations (NGO).
• Annual turnover of over USD 500,000.
• Branch of a foreign company.
Large • alified nvestment Pro ects Ps .
• Government institutions, diplomatic and consular missions, international
organisations, and technical cooperation agents of other governments.
rakas on t e rules and pro edures or implementing simplified

a ounting re ords or small taxpayers
he rakas sets out the ru es an ro e ures or m ement ng s m fie a ount ng
records as well as monthly and annual tax obligations (ToP/minimum tax, VAT,
re a ment o o ta on sa ar o ta on r nge benefits o an
for small taxpayers. Small taxpayers are required to maintain the following three
accounting records: a daily purchases book, a daily sales book, and an inventory book.
Please refer to the Prakas for details.
rakas on t e rules and pro edures or managing patent tax olle tion
The Prakas sets out the rules and procedures for collecting patent tax. The tax payable
ar es e en ng on the ta a er s ategor an turno er See Patent tax in the Other
taxes section for more information.
nstru tion on in oi ing o sel de laration taxpayers

The General Department of Taxation (GDT) has issued an instruction on invoicing
requirements, including invoice criteria, for self-declaration (i.e. real regime) taxpayers.
In addition to the existing criteria of a tax invoice as stated in the VAT regulations,
taxpayers are now required to use good quality ink and paper for printing invoices to
ensure that they can be maintained in good condition for ten years. Based on the sample
o n o es a so atta he w th the s nstru t on the bu ers a so ha e to s gn on the
invoices.
More importantly, the invoice must be issued either in the Khmer language or two
languages (i.e. Khmer with English language underneath).
n ta n o es not ssue n a or an e w th the e st ng an new r ter a abo e won t

be accepted as valid invoices to claim input VAT credit, nor to support the deductibility
of expenses.
Based on the written minutes of the meeting between the GDT and Private Sector Tax
ork ng rou ate ar h t s onfirme that the abo e nstru t on
oesn t a retros e t e an the a ows a gra e er o o s months rom the
meet ng ate e ar h to m ement the abo e r ter a re u re or the ta
n o e t s a so ar fie that on the ustomer e om an nee ng to a m n ut
s re u re to s gn on the ta n o es but sn t re u re to return the s gne n o es
to the supplier.

ambo a s ta at on ru es ar a or ng to the ta a er s reg me the ass fi at on
of taxpayers under different tax collection and control procedures of the GDT. The real
regime is the only tax regime in Cambodia. Under the real regime (i.e. self-declaration
reg me ta a ers are ass fie nto three ategor es e g arge me um an sma
29 Cambodia PwC Worldwide Tax Summaries

Cambodia
taxpayers) based on their turnover, legal form, and other criteria. Unless otherwise
stated, the focus of this summary is on real-regime taxpayers.
es ent ta a ers are sub e t to ta on wor w e n ome wh e non res ents are
taxed on Cambodian-sourced income only. A permanent establishment (PE) is taxable
on its Cambodian-source income only. C
orporate tax rate
he stan ar rate o or orate n ome ta known as ta on rofit o or om an es
an s who are ass fie as me um an arge ta a ers s
or om an es an s who are ass fie as sma ta a ers the o rates are

rogress e rates rom to
ndustry spe ifi tax rates

an gas an erta n m nera e o tat on a t t es are sub e t to o at the rate o
nsuran e om an es are ta ab e at a rate o on the gross rem um n ome an at

the rate o on other n ome er e rom non nsuran e re nsuran e a t t es
et nterest n ome o nsuran e om an es re e e a ter or s not ta ab e
income.
he sma ta a er s sub e t to o at the rogress e rates as state n rt e o the

Law on Taxation.
inimum tax
ea reg me ta a ers are sub e t to a se arate m n mum ta he m n mum ta s an
annua ta w th a ab t e ua to o annua turno er n us e o a ta es e e t
owe er an e em t on has been ro e or ua fie n estment ro e ts s
(s a i sa i i ss i i a i ).
s a se arate ta to the o the m n mum ta s ue rres e t e o the ta a er s rofit

or oss os t on e the m n mum ta w be ab e the o tota annua turno er
e ee s the o ab t
dditional To on di idend distribution

A dividend-paying taxpayer is required to pay an additional ToP at the time of dividend
str but on the rofit was re ous sub e t to a or o he rates o
a t ona o ar e en ng on the rofits to be str bute or rofit that has been
sub e t to o at the rate o or that rofit w be sub e t to a t ona o
at the following rates, respectively:
ToP Additional ToP

20% (standard rate) 0%
9% (preferential rate, which was no longer applicable after 31 December 11/91 (approximately
2010) 12.09%)
0% (during tax holiday) 20%
A shareholder is entitled to establish a special dividend account from which the relevant
en that was a rea sub e t to o ma be on a w thout urther a t ona
ToP obligations.
A dividend will be exempt from tax in the hands of the shareholder if additional ToP and
or non res ent shareho ers has been a
Cambodia
o al in ome taxes
Local income taxes are not applicable in Cambodia.
orporate residen e
Resident taxpayers include companies organised, managed, or having their principal
place of business in Cambodia.

A PE may be determined, but not limited to, if (i) there is a permanent place or entity
through which the non-resident persons carry on their business, (ii) there is an exercise
of the authority to conclude a contract on behalf of a foreign entity, or (iii) business
activities exceed certain time periods in Cambodia.
Factors to be considered in determining a PE include a place of management, an agent or

o fi e a warehouse or a tor a worksho an a e o e tra t on o natura resour es
a antat on et arr ng out ro e ts e g su er sor a t t es o a onstru t on
ro e t ro s on o ser es e ee ng a t me er o o s months n an month
period may also be considered as having a PE.
t er taxes
alue added tax T
sa ab e to rea reg me ent t es an s harge at on the a ue o the su
of most goods and services.
Exported goods and services rendered outside Cambodia are zero-rated. In addition,
a es to the su ort ng n ustr es or ontra tors who re t su goo s
(including milled rice) or services (including milled rice production services) to export-
oriented garment, textile, footwear, bag, handbag, and headwear manufacturers, milled
rice exporters, and domestic supplies of paddy rice.
Some supplies are VAT exempt, the main categories being public postal services, medical
and dental services, electricity, water, transportation of passengers by wholly state-
owne ub trans ort s stems nsuran e ser es r mar finan a ser es an an
returns an a ments are ue w th n a s o the o ow ng month ote that

strict record-keeping requirements do exist.
mport and export duties

m ort ut es are e e on a w e range o ro u ts ates ar rom to
o ow ng ambo a s entr nto the sso at on o outh ast s a at ons
ur ng the go ernment s re u re to re u e m ort ut es n a or an e w th the
Common Effective Preferential Tariffs programme.
Export duties are levied on a limited number of items, such as timber and certain animal
products (including most seafood).
Spe ifi tax on ertain mer andise and ser i es S T

SPT is a form of excise tax that applies to the importation or domestic production and
supply of certain goods and services. SPT on domestically produced goods is generally
a e to the base wh h s o the n o e r e be ore an tse or
imported goods, SPT is due on the cost, insurance, and freight (CIF) value inclusive of
customs duty. For hotel and telecommunication services, SPT is payable based on the
invoice prices.

Cambodia
or o a an nternat ona a r trans ortat on o assengers s a ab e base

on the air ticket value issued in Cambodia for travel within and outside Cambodia.
The SPT base is inclusive of all taxes other than SPT and VAT. For example, for return
air tickets from Phnom Penh to Singapore costing 2 million Cambodian riel (KHR),
e us e o a r ort ta the a ab e s m on
C
ommodation tax
ommo at on ta s a u ate at o the a ommo at on ee n us e o a ta es
and other services except accommodation tax and VAT.
Tax or publi lig ting T

TPL is imposed on the distribution in Cambodia of both foreign made and locally
ro u e a oho an toba o ro u ts s e e at o the a ue o su h
products at the time of each in-country sale. Value for these purposes includes all taxes
other than TPL and VAT.
Tax on immo able property To

o s e e at per annum o the o base he ta base s o the market
a ue o the mmo ab e ro ert es state n en o rakas o ess the
threshold of KHR 100 million. The immovable property valued below the threshold
s not sub e t to o he rakas a so eterm nes that o s e e t e o e te on
immovable properties located in Phnom Penh and other cities of the provinces.
mmo ab e ro ert s efine to n u e an bu ngs an other onstru t ons on

land (e.g. infrastructures built on land, regardless of having a wall or roof). Certain
exemptions exist for government-owned property, agricultural land, property owned
an use or u tura an re g ous ur oses ro ert o ore gn embass es an s
and property in the special economic zones.
he owners ossessors an fina benefi ar es o mmo ab e ro ert are re u re to

reg ster an obta n a a ent fi at on umber or ea h mmo ab e ro ert a ue
above the threshold from the tax administration where the immovable property is
located. Any changes in relation to the registered immovable property (e.g. a change of
title) are also required to be reported.
he owners ossessors an fina benefi ar es ho res ons b t or a u at ng

o re ar ng an fi ng a o return as we as rem tt ng the o ab t to the
tax administration once per year by 30 September. A ToIP return is required for every
s ng e mmo ab e ro ert an must be om ete an fi e se arate n e th s s
a self-assessment tax, the tax administration will perform a tax audit on ToIP in the
subsequent years.
Tax on unused land

an n towns an other s e fie areas w thout an onstru t on or w th onstru t on
that s not n use an e en erta n bu t u on an s sub e t to the ta on unuse
an he ta s a u ate at o the market a ue o the an er s uare metre as
determined by the Commission for Valuation of Unused Land on 30 June each year. The
owner of the land is required to pay the tax on 30 September each year. The tax is paid
b the owner on an that oesn t a un er the s o e o o
Stamp tax
Property
The transfer of title in certain assets (e.g. land, building, vehicles) and transfer of
om an shares whether art a or u are sub e t to stam ta he ta s m ose on
the transfer values at the following rates:
• rans er o assets
Cambodia
• rans er o shares
The tax base for stamp tax on the soft and hard title transfer of immovable property (i.e.
land) is the higher of:
• the ro ert s a ue set b the a en o the s rakas o or

• the ro ert s a ue state n a t t e trans er ontra t or other re ate ega o uments
if the transferred value is equal to or higher than the value set by the appendix of the
Prakas.
Government contract
tam ta s m ose at the rate o on the ontra t a ue o the ub ro urement
contract for goods or services.
Document/signage
Stamp tax is to be paid on certain documents relating to the establishment, dissolution,
or merger o a bus ness other o fi a o uments erha s more m ortant or ore gn
investors), and certain advertising postings and signage. Amounts vary according to
such factors as the type of documents, the location of the signage, illumination, and
nat ona t o an s r te wor s or erta n o uments the ta amount s fi e u to
KHR 1 million.
Cigarettes
omest ro u ers or m orters o garettes ha e the ob gat on to bu an a fi
ta stam s on a kets o garettes o erson s a owe to se or s a a kage
cigarettes for sale without a tax stamp.
atent tax
Registered businesses must pay a (relatively nominal) patent tax on initial business
registration and annually thereafter. Patent tax is levied with reference to turnover or
estimated turnover.
Type of
taxpayers Patent tax (approximate USD amount)
Small USD 100 per year
Medium USD 300 per year
• USD 750 for turnover from USD 500,000 to USD 2,500,000.
• USD 1,250 for turnover of over USD 2,500,000.
Large
Additional tax of USD 750 if the taxpayer has a branch, warehouse, factory, or
workshop for a business activity in a different city or province.
he annua atent ta return an a ment are to be fi e annua w th n three months

of calendar year-end.
Tax on means o transportation

The tax on means of transportation imposes a number of statutory fees on the
registration of certain vehicles, including trucks, buses, and ships.
Tax on salary ToS ringe benefits To B

ambo a s o ru es o ow nternat ona am ar res en an sour e r n es
ambo an res ent ta a er s wor w e sa ar w be sub e t to ambo an o or
non res ents on the ambo an sour e sa ar w be sub e t to o he a e o
salary payment is not considered relevant in determining source.
st n t on s ma e between ash an r nge benefit sa ar om onents erent ta

scales also apply.

Cambodia
o or o s a ta on em o ees n ome but em o ers are he ab e to these ta es

the employers fail to withhold.
So ial se urity ontributions

Based on the Law on Social Security (LoSS), the employer is required to make social
se ur t ontr but ons e u a ent to o the month a erage wage o an em o ee C
The monthly average wage is capped at KHR 1 million per month.
he a erage wage e e s efine un er the abour aw to n u e a tua wage or

remunerat on o ert me a ments omm ss ons bonuses an n emn t es rofit
shar ng gratu t es the a ue o benefits n k n am a owan e n e ess o the ega
prescribed amount, holiday pay or compensatory holiday pay, and amount of money
paid by the employer to the workers during disability and maternity leave.
Bran in ome
n ome o a bran h s ta ab e n the same wa as those or or orate rofits
n ome determination
n entory aluation
n entor an be a ue at we ghte a erage ost first n first out or urrent
value at the close of the period, where this value is lower than the purchase price or
ro u t on ost ork n rogress shou be a ue at ro u t on osts
apital gain
a ta ga ns orm art o ta ab e rofit
i idend in ome
Dividend means any distribution of money or property that a legal person distributes
to a shareho er w th res e t to the shareho er s e u t nterest n su h ega erson
with the exception of stock dividends and distributions in complete liquidation of the
om an hether or not a str but on s a en sha be eterm ne un er the
preceding condition without regard to whether or not the legal person has current or
a umu ate n ome or rofit or earn ngs
Inter-company dividends
Inter-company dividends between residents are exempt from ToP (s i i
taxes section for more information).
Gross dividend income received by a resident company from a non-resident enterprise

s sub e t to o ore gn ta re t or ta es a on these en s s a owe or
deduction from the ToP. The maximum amount of the foreign tax credit is the ToP
liability with respect to that dividend income.
assi e in ome
Designated passive income (such as interest, royalties, and rent) forms part of taxable
rofit
oreign in ome
Resident entities are taxed on their worldwide income, and tax credits are available for
foreign taxes incurred. Foreign income is taxable in the period it is earned; there is no
provision allowing tax to be deferred on the income earned overseas.
Cambodia
edu tions
epre iation and amortisation
ro ert shou be e re ate at rates a or ng to our asses o assets as s e fie n
the tax legislation. Land is not considered a depreciable asset. The straight-line or the
e n ng ba an e metho s s e fi a re u re to be use or ea h ass o assets
Assets Method Rate (%)

Building and structures Straight line 5
Computers, electronic information systems, software, Declining balance 50
and data handling equipment
A tomobiles, tr cks, office f rnit re, and e i ment Declining balance 25
All other tangible property Declining balance 20
Expenditures on intangible property are amortisable over the life of the property or at
per annum.
Special depreciation
w be ent t e to a s e a e re at on n the first ear o ur hase or
ater the first ear the assets are use owe er the s e a e re at on w on a
to assets use n manu a tur ng an ro ess ng st to be efine an on the
taxpayer has elected not to use a tax holiday. A clawback provision exists for assets held
for less than four years.
oodwill
ur hase goo w s a e re ab e ntang b e fi e asset or o ur oses the use u
e o the ntang b e fi e assets an be eterm ne the annua e re at on harges
shall be calculated on the useful life by using the straight-line method. If the useful life
annot be eterm ne the annua e re at on rate o sha be use
Start up expenses
Preliminary and formation expenses are allowed to be fully deducted in the period in
which the expenses arise, or they can be amortised over two years.
nterest expenses
Interest deductibility in any year is limited to the amount of interest income plus
o the net rofits e u ng nterest n ome an nterest e ense he e ess
non-deductible interest expense can be carried forward to the following tax years
n efin te
ase on the s nterna nstru t on the ta author t es set ma mum nterest rates
or oans rom th r art es e o the market nterest rate at the t me o obta n ng
the loan) and loans from related persons (i.e. the market interest rate at the time of
obtaining the loan). If the interest rate is higher than the maximum interest rate, the
surplus interest expense is not deductible.
Bad debt
A loss on a claim (i.e. bad debt) is deductible where the impossibility to recover the loss
can be clearly shown and that claim has been written off from the accounting books,
except where the giving up of the claim is an abnormal act of management (still to be
efine
The charitable contribution expense is deductible to the extent the amount does not
e ee o ta ab e rofit he ta a er must ha e ro er e en e su ort ng the
payments.

Cambodia
ines and penalties

t ona ta ate ta a ment nterest an fines o a t es n urre or the o at on
of various legal provisions are not deductible.
Taxes
a es that are not a harge to the enter r se e g o o o an a t ona C
ToP on dividend distribution) are not deductible.
oss between related parties

o e u t on s a a ab e or erta n osses n urre on ea ngs between
commonly owned parties.
et operating losses
a a ers ma arr orwar the r osses or fi e ears he arr ba k o osses s not
erm tte here s no ro s on or an orm o onso ate fi ng or grou oss re e
To be eligible to carry forward tax losses, a taxpayer must not change its activities or
ownership.
If a taxpayer received a unilateral tax reassessment from the GDT, a taxpayer will not be
able to utilise the tax losses brought forward in the year of reassessment.

An expense payable to a related party that is not paid within 180 days of the year-end
will not be deductible. A deduction can be claimed in the year in which the payments are
made. This rule is not applicable for an outlay or expense for inventory, capital property,
and depreciable property.
roup taxation
here s no s e fi ro s on or grou ta at on n ambo a
Trans er pri ing

The GDT has wide powers to redistribute income and deductions between parties under
ommon ownersh n or er to re ent the a o an e or e as on o ta es ommon
ownersh e sts at a re at e ow e e o
T in apitalisation
There is no provision for thin capitalisation in Cambodia.

There is no provision for CFCs in Cambodia.

oreign tax redit
Residents earning foreign-sourced income can receive credits for foreign taxes paid.
nbound in estment
The Council for the Development of Cambodia (CDC) may be approached for a one-
sto ser e to reg ster a ro e t an obta n a ro a or a status ens ng s
howe er not man ator e e t or erta n arge o t a sens t e ro e ts an s
a ab e to those ro e ts that o not a w th n the negat e st ome o the ro e ts
n the negat e st n u e the o ow ng
Cambodia
• All kinds of commercial activities, import and export activities, and transportation
services (except the railway sector).
• urren an finan a ser es
• Activities that relate to newspapers and media.
• Production of tobacco products.
• Provision of value-added services of all kinds of telecommunication services.
• Real estate development.
The current investment incentives that are applicable to the QIP registered with the CDC
include a ToP exemption period of up to six years or special depreciation (s ia
ia i i i s s i ), import duty exemptions, and exemption from
m n mum ta ot a s w be ent t e to a n ent es
nnua a s re u re to obta n a ert fi ate o om an e o rom the to

guarantee ts n estment n ent es he o s nten e to ro e onfirmat on that
the QIP has acted in compliance with the relevant tax regulations.
Tax in enti es in se urities se tor

he o a o ernment o ambo a has ssue ub e ree o to ro e ta
incentives to companies listed on the Cambodian Stock Exchange (CSX) and public
investors who hold and/or trade government, equity, and debt securities on the
securities market.
he ste om an es are ent t e to a re u t on on the annua o a ab e or

three years, starting from the beginning of the current tax year if the securities are
ssue w th n the first ha o the ta ear or the o ow ng ta ear the se ur t es are
issued within the second half of the tax year. The incentive is effective for three years
from the signing of the Sub-Decree (i.e. 8 January 2015). Also, the listed companies
are entitled to suspend payment of monthly prepayment of ToP for the period that
they are entitled to tax incentives under the Sub-Decree. A QIP is not entitled to the tax
re u t on ur ng the ta ho a er o ub n estors are ent t e to a re u t on
on the a ab e on nterest an or en s re e e rom the abo e se ur t es
for three years, starting from the signing of the Sub-Decree. However, there are various
on t ons un er wh h the an or e t the ta n ent es grante to the ste
companies.
dditional tax in enti es or ri e arming, paddy ri e pur ase, and

export o milled ri e
he has ssue rakas to ro e a t ona ta n ent es to an enter r ses n the
business of rice farming, paddy rice purchase, and export of milled rice, as follows:
VAT:
• omest su es o a r e
• omest su es o m e r e
• ort o m e r e
• u es o m e r e or m e r e ro u t on ser es to r e e orters sub e t to
s e fi on t ons
• u es o m e r e or m e r e ro u t on ser es to the o a market
• Input VAT related to rice farming, paddy rice purchase, and export of milled rice is
creditable or refundable.
• Input VAT related to import of production inputs and equipment to produce milled
r e or e ort s borne b the go ernment sub e t to s e fi on t ons
• o a ur hases o ro u t on n uts e e t or a r e
ToP and minimum tax:
• em t rom m n mum ta

Cambodia
• nt t e to ta ho a er o e tr gger er o us three ears us three ear

priority period).
• em t rom re a ment o o ur ng the ta ho a er o
Wit olding taxes C

nee s to be w thhe on a ments ma e b res ents an t seems on to those
who a un er the rea reg me he w thhe ta onst tutes a fina ta when w thhe
in respect of resident and non-residents.
The types of payments caught are as follows.
W T on payment to residents
• nterest e e t a ment to a ambo an bank

• o a t es
• enta
• er es e e t a ments to a reg stere ta a er an su orte b a a
VAT invoice).
W T on payment to non residents
• en s
• nterest
• ent or r ght or use o ro ert
• anagement or te hn a ees not efine
ub n estors n este on the are ent t e to a re u t on on the a ab e

on dividends and/or interest received from the government, equity, and debt securities
for three years, starting from the signing of the Sub-Decree no. 01 dated 8 January 2015.
s ue when the amount s a ne ense s ons ere a when t s re or e

in the accounting records.
e t on the renta o mo ab e an mmo ab e ro ert es as state n rt e

an o the aw on a at on sma ta a ers are e em te rom be ng the
agents or other m at ons
ambo a has not s gne an treat es or the re u t on o s
Tax administration
Taxable period
The standard tax year is the calendar year, although different accounting year-ends may
be granted upon application.
Tax returns
he return or annua ta e o m n mum ta s to be fi e annua w th n three
months of tax year-end.
eturns or month ta es e g re a ments o o o or o an

a ommo at on ta are to be fi e month w th n a s o the o ow ng month he
ea ne w be e ten e to the ne t work ng a the th a a s on a atur a
Sunday, or public holiday.
Cambodia
ayment o tax
ToP or minimum tax is due for payment three months after tax year-end. The ToP or
minimum tax liability can be reduced by prepayment of ToP payments.
Monthly taxes are due for payment by the 15th day of the succeeding month. The
deadline will be extended to the next working day if the 15th day falls on a Saturday,
Sunday, or public holiday.
Prepayment of ToP
re a ment o o e ua to o month turno er n us e o a ta es e e t
is required to be paid on a monthly basis. The prepayment can be offset against the
annual ToP liability and the minimum tax.
here a ta a er s n the er o o o ho a the ta a er s a so e em te rom the

re a ment ob gat ons owe er a n month return w nee to be o ge
here a ta a er s not sub e t to m n mum ta a month re a ment o o must st

be made. However, unutilised prepayments from a prior year can be used to offset the
current amount due, and no physical payment may be required.
Tax audit pro ess

There are two types of tax audit in Cambodia (i.e. limited and comprehensive tax
au ts n t a the ta author t es w sen a not fi at on etter to the ta a er
informing them of a tax audit. During the tax audit process, tax auditors visit the
ta a ers o fi e to re ew the o uments an s uss an otent a ta ssues w th
the ta a ers an ma re uest su ort ng e en e ter the s t to the ta a er s
o fi e the ta au tors ssue a not e o ta reassessment o wh h n ates
the reassessed tax liabilities and the basis of their tax reassessment. If the taxpayers
agree with the reassessed tax liabilities, they can proceed with the payment. If not, the
ta a ers ha e to subm t an ob e t on etter to the ta author t es w th n a s o the
re e t o the o
The tax audit period (i.e. the limitation of the period within which the tax authorities
can perform tax audits) is as follows:
• th n three ears o the ate o subm ss on o the ta returns

• th n ten ears o the ate o subm ss on o the ta returns there s an e en e o
obstru t on o the m ementat on o aws
• Any time with the written consent of the taxpayers.
In practice, the GDT regularly extends the time limit for tax audit up to ten years.

In practice, the tax authorities focus the tax reassessment on various matters, including
a ment to th r art es o erseas r nge benefits ro e to em o ees an re ate
art transa t ons e g a ment o management ee to hea o fi e oans rom
shareholder).
t er issues
Statutory finan ial audit re uirement
All enterprises (whether physical or legal persons) that meet two of the following
r ter a are re u re to ha e the r finan a statements au te b an n e en ent
e terna au tor reg stere w th the am u hea nst tute o ert fie ub ountants
and Auditors (KICPAA):

Cambodia
• Annual turnover above KHR 3 billion.

• Total assets above KHR 2 billion.
• More than 100 employees.
s reg stere w th the are re u re to ha e the r finan a statements au te b

independent external auditors registered with the KICPAA. C
he aw oes not state the ea ne or the enter r ses to subm t the r au te finan a
statements owe er the ea ne or au te finan a statements to be om ete s
s months a ter the a ount ng ear en e or the finan a ear en e e ember
2015, the deadline is 30 June 2016).
China, People’s Republic of
PwC contact
Peter Ng
PricewaterhouseCoopers Consultants (Shenzhen) Limited
Shanghai Branch
5/F 3 Corporate Avenue
168 Hu Bin Road
Huangpu District, Shanghai 200021
People’s Republic of China
Tel: +86 21 2323 1828
Email: peter.ng@cn.pwc.com

In September 2015, the State Administration of Taxation (SAT) released a rule to
ntro u e a new me han sm o se assessment on the e g b t or ta treat benefits
b non res ents he re a ro a ro ess or re or fi ng a know e gement rom the
Chinese tax authorities is no longer necessary starting from 1 November 2015. Instead,
non res ents an the r w thho ng agents w be re u re to fi e erta n res r be
orms an other su ort ng o uments when er orm ng ta fi ng to ust the r a ms
or the ta treat benefits he ta os t on taken b the non res ents or w thho ng
agents w be sub e t to e am nat on b the h nese ta author t es a ter the ta fi ng
n ar h the n str o nan e o an o nt re ease a r u ar to

expand the pilot programme for the transformation of business tax (BT) to value-added
ta to o er the onstru t on se tor rea estate se tor finan a ser es an
onsumer ser es tart ng rom a a goo s an ser e are sub e t to
consequently, BT is obsolete.
s i s a a i i si a a i is a i s i
i ai

a res ent enter r ses s are sub e t to or orate n ome ta on the r
wor w e n ome non that has no estab shment or a e n h na s ta e on
on its China-source income. A non-TRE with an establishment or place in China shall pay
CIT on income derived by such establishment or place from sources in China as well as
income derived from outside China that effectively is connected with such establishment
or place.
Under the CIT law, the standard tax rate is 25%.
A lower CIT rate is available for the following sectors/industries:
• ua fie new h gh te h enter r ses are e g b e or a re u e rate o n

enter r se has to u fi a set o res r be r ter a an be sub e t to an assessment n
order to qualify as a new/high tech enterprise.
• Integrated circuit (IC) production enterprises with a total investment exceeding 8
billion renminbi (CNY), or that produce integrated circuits with a line-width of less
than 0.25 micrometre, are eligible for a reduced CIT rate of 15%.
• Key software production enterprises and IC design enterprises are eligible for a
re u e rate o n enter r se has to u fi a set o res r be r ter a an be
sub e t to an assessment n or er to ua as a ke so tware ro u t on enter r se or
ke es gn enter r se
41 China, People’s Republic of PwC Worldwide Tax Summaries

• rom anuar to e ember ua fie te hno og a an e ser e

enter r ses n t es e g e ng hangha an n uang hou an hen hen
are eligible for a reduced CIT rate of 15%. This incentive is only available to certain
te hno og a an e ser e se tor members an an enter r se has to u fi a set o
res r be r ter a an be sub e t to an assessment n or er to ua as a te hno og
advanced service enterprise. C
• Enterprises established in the Qianhai Shenzhen-Hong Kong Modern Services
Industry Cooperation Zone are eligible for a reduced CIT rate of 15%, provided
that the enter r se s engage n ro e ts that a w th n the ata ogue or
Preferential Treatments of the zone.
• Enterprises established in Zhuhai’s Hengqin New Area are eligible for a reduced CIT
rate o ro e that the enter r se s engage n ro e ts that a w th n the
Catalogue for CIT Preferential Treatments of the area.
• Enterprises established in the Pingtan Comprehensive Experimental Zone are eligible
or a re u e rate o ro e that the enter r se s engage n ro e ts that
fall within the Catalogue for CIT Preferential Treatments of the zone.
• ua fie sma an th n rofit enter r ses are e g b e or a re u e rate o
If the annual taxable income is less than CNY 200,000, the CIT rate is further reduced
to 10% from 1 January 2015 to 31 December 2017. If the annual taxable income is
over CNY 200,000 but less than CNY 300,000, the CIT rate of 20% is applicable from
1 January 2015 to 30 September 2015 and a further reduced rate of 10% is applicable
from 1 October 2015 to 31 December 2017.
• From 1 January 2011 to 31 December 2020, encouraged enterprises in the Western
Regions are eligible for a reduced preferential CIT rate of 15%.
o al in ome taxes
There is no local or provincial income tax in China.
orporate residen e
Enterprises established in China are always TREs. A foreign enterprise with a place of
effective management in China is also regarded as a TRE.

n estab shment or a e s efine n the regu at ons as an estab shment or a e
in China engaging in production and business operations, including the following:
• anagement organ sat ons bus ness organ sat ons an re resentat e o fi es
• Factories, farms, and places where natural resources are exploited.
• Places where labour services are provided.
• a es where ontra tor ro e ts su h as onstru t on nsta at on assemb re a r
an e orat on are un ertaken
• Other establishments or places where production and business activities are
un ertaken
• Business agents who regularly sign contracts, store and deliver goods, etc. on behalf
of the non-TRE.
Other taxes
China has a turnover tax system consisting of the following three taxes: value-added tax
(VAT), business tax (BT), and consumption tax.
alue added tax T

The sales or importation of goods and the provision of repairs, replacement, and
ro ess ng ser es are sub e t to s harge at a stan ar rate o an the
www.pwc.com/taxsummaries China, People’s Republic of 42

rate or sma s a e ta a er s he sa es o erta n ne ess t goo s ma be sub e t to

at a re u e rate o as s e fie n the regu at ons
The VAT system is a consumption-based VAT system, which means that input VAT on
fi e assets s u re o erab e e e t or s tuat ons s e fie n the regu at ons
Export of goods from China may be entitled to a refund of VAT incurred on materials
purchased domestically. The refund rates range from 0% to 17%. There is a prescribed
formula for determining the amount of refund, under which many products do not
obtain the full refund of input VAT credit and suffer different degrees of export VAT
costs.
In order to mitigate the multiple taxation issue associated with goods and services and
to support the development of ‘modern service industries’ in China, the State Council
resolved to introduce a Pilot Program from 1 January 2012 to expand the scope of VAT to
o er trans ortat on an erta n s e fie mo ern ser e n ustr es that were or g na
sub e t to
As of 30 April 2016, the industries that have been selected for the Pilot Program and the
applicable VAT rates (for general VAT payers) are set out in the following table.
Pilot industries Applicable VAT rate (%)

Tangible movable property leasing service 17
Transportation service 11
Postal service 11
Basic telecommunications service 11
Value-added telecommunications service 6
Certain modern service industries, including:
• Research, development, and technical service.
• Information technology service.
• Cultural creative service.
• Logistic auxiliary service. 6
• Certification and cons lting service.
• Broadcasting, cinematic, and television service.
• Business auxiliary services.
• Other modern services.
tart ng rom a the rema n ng n ustr es that were st sub e t to e

onstru t on rea estate finan a ser es an onsumer ser es w be sub e t to
h s earmarks the om et on o the to trans ormat on an the o fi a
removal of BT from China’s indirect tax system. The applicable VAT rates (for general
VAT payers) for the above four industries are as follows:
Industries Applicable VAT rate (%)

Construction and real estate 11
Financial services and consumer services 6
ma s a e a ers are sub e t to the rate o
Business tax BT
As i i a a , before 2012, the provision of services and the transfer of immovable
ro ert es an ntang b e assets were sub e t to nstea o was e e on
gross turnover at rates between 3% and 20%.

The Pilot Programme, which started from 2012, gradually expanded the scope of VAT to
o er erta n n ustr es that were or g na sub e t to tart ng rom a
s obso ete an a goo s an ser es are sub e t to n h na
ustoms duties
n genera a ustoms ut s harge n e ther s e fi or a a terms or s e fi C
duty, a lump sum amount is charged based on a quantitative amount of the goods
eg er un t or er kg or a a duty, the customs value of the goods
is multiplied by an a a duty rate to arrive at the amount of duty payable. The
applicable duty rate generally is determined based on the origin of the goods.
An exemption from customs duty applies to machinery and equipment imported by a

foreign investment enterprise within the amount of its total investment, for its own use,
the ro e t a s w th n the en ourage ategor o the ata ogue or the u an e o
Foreign Investment Industries’ and the imported machinery or equipment is not within
the list of commodities that are not exempted from customs duty.
A customs duty and VAT exemption may be allowed on importation of raw materials
or ontra t ro ess ng or m ort manu a tur ng oo s ma be m orte nto an
exported out of, designated Free Trade Zones and Bonded Logistics Zones without
liability to customs duty or VAT.
onsumption tax
onsum t on ta s m ose on s e fie ategor es o u ur an en ronmenta
un r en goo s n u ng garettes a oho be erages ewe er gaso ne
automobiles, battery and coating, etc. The tax liability is computed based on the sales
amount and/or the sales volume, depending on the goods concerned. Consumption tax
is not recoverable but is deductible as an expense for CIT purposes.
Real estate tax

A real estate tax, which is based on the value of the property or rental received, is
assessed annually on land and buildings used for business purpose or leased. The
tax rate is 1.2% of the original value of buildings. A tax reduction of 10% to 30% is
commonly offered by local governments. Alternatively, tax may be assessed at 12% of
the rental value. Real estate tax is deductible for CIT purposes.
rban and towns ip land use tax

An urban and township land-use tax is levied on taxpayers who utilise land within the
area of city, country, township, and mining districts. It is computed annually based
on the s a e o area a tua o u e b a ta a er mu t e b a fi e amount er
square metre that is determined by the local governments.
rable land o upation tax

Arable land occupation tax is levied on companies and individuals who build houses
or carry out non-agricultural construction on arable lands. It is computed based on the
s a e o area a tua o u e b a ta a er mu t e b a fi e amount er s uare
metre that is determined by the local governments and is settled in a lump sum.
and appre iation tax

A land appreciation tax is levied on the gain from the disposal of properties at
progressive rates from 30% to 60%. Land appreciation tax is deductible for CIT
purposes.
Stamp tax
enter r ses an n ua s who e e ute or re e e s e fie o umentat on
n u ng t es o ontra ts an a ew s e fie o uments are sub e t to stam
tax. The stamp duty rates vary between 0.005% on loan contracts to 0.1% for property

eas ng an ro ert nsuran e ontra ts at amount o a es to ert fi at on

e en ng bus ness en es an atents tra emarks or s m ar r ghts
eed tax
A deed tax, generally at rates from 3% to 5%, may be levied on the purchase, sale, gift,
or exchange of ownership of land use rights or real properties. The transferee/assignee
is the taxpayer.
rban onstru tion and maintenan e tax

Urban construction and maintenance tax is imposed at a certain rate on the amount
of China’s indirect taxes (i.e. VAT, BT, and consumption tax) payable by the taxpayer.
Effectively, the taxpayers of indirect taxes are also the taxpayers of urban construction
and maintenance tax. It is charged at three different rates depending on the taxpayer’s
location: 7% for urban areas, 5% for county areas, and 1% for other areas.
Edu ational surtax

Educational surtax is imposed at 3% on the amount of China’s indirect taxes (i.e. VAT,
BT, and consumption tax) payable by the taxpayer. Effectively, the taxpayers of indirect
taxes are also the taxpayers of educational surtax.
o al edu ational surtax

Local educational surtax is levied at 2% on the amount of China’s indirect taxes (i.e. VAT,
BT, and consumption tax) payable by the taxpayer. Effectively, the taxpayers of indirect
taxes are also the taxpayers of local educational surtax.
otor e i le a uisition tax

A motor vehicle acquisition tax at a rate of 10% of the taxable consideration will be
levied on any purchase and importation of cars, motorcycles, trams, trailers, carts, and
erta n t es o tru ks
e i le and essel tax

A vehicle and vessel tax is a tax that is levied on all vehicles and vessels within China. A
fi e amount s e e on a ear bas s rans ort eh es genera are ta e on a fi e
amount according to their own weight, with passenger cars, buses, and motorcycles
be ng ta e on a fi e un t amount esse s are ta e on a fi e amount a or ng to
the deadweight tonnage.
Vessel tonnage tax

Vessel tonnage tax is levied on any vessel entering into a port inside the territory
o h na rom o erseas an s o e te b the enera ustoms he ta a ab e
is computed based on the net tonnage multiplied by the applicable tax rate that is
determined based on the net tonnage and the term of the tonnage tax licence.
Resource tax
The exploitation of natural resources, including crude oil, natural gas, coal, salt, raw
meta meta s an non meta meta s et s sub e t to resour e ta on a sa es
turno er or tonnage o ume bas s he range o ta rates are s e fie b the tate
Council.
Tobacco tax
Tobacco tax is levied on taxpayers who purchase tobacco leaves within the territory of
China. The tax is assessed at the rate of 20% on the purchasing value and shall be settled
with the local tax bureau at the place of the purchase.
ultural business de elopment le y

Companies and individuals engaged in entertainment and advertising businesses shall
pay cultural business development levy at 3% on the relevant income.

ayroll taxes
For employment income, an employer is obligated to withhold individual income tax
from an employee’s salary and settle the payment with the tax authorities on a monthly
basis.
Social security contributions C

Social security contributions to pension funds, medical funds, etc. are mandatory for
both em o ers an em o ees n h na m o ers are norma re u re to make so a
security contributions in relation to pension, medical, unemployment, maternity, and
work re ate n ur or the r em o ees he er entage o so a se ur t benefits borne
by employers and employees, as well as the contribution base, vary from city to city.
Bran in ome
Under the CIT law, a branch of a non-TRE in China is taxed at the branch level. If there
s more than one bran h the ma e e t to fi e the r ta at the ma n o fi e n h na on a
onso ate bas s here s no urther ta u on rem ttan e o bran h rofits
n ome determination
a ab e n ome s efine as gross n ome n a ta ear a ter e u t on o non ta ab e
income, tax exempt income, various deductions, and allowable losses brought forward
from previous years”. The accrual method of accounting should be used.
ross n ome re ers to monetar an non monetar n ome er e b an enter r se

from various sources, including, but not limited to, the sales of goods, provision of
services, transfer of property, dividends, interest, rentals, royalties, and donations.
on ta ab e n ome re ers to fis a a ro r at on go ernmenta a m n strat on harges

go ernmenta un s an other n ome s e fie b the entra go ernment
n entory aluation
Inventory must be valued according to costs. In computing the cost of inventories, the
enter r se ma hoose one o the o ow ng metho s first n first out we ghte
a erage or s e fi ent fi at on
nrealised gain or loss due to anges in air alue

n unrea se ga n or oss ue to hanges n the a r a ue o finan a assets finan a
liabilities, and investment properties held by an enterprise is not taxable/deductible for
CIT purpose. The gain/loss is taxable/deductible only when the asset/liability actually is
disposed of or realised.
Capital gains
Capital gains are treated in the same way as ordinary income of a revenue-nature for a
TRE.
i idend in ome
An exemption exists for CIT on dividend derived by a TRE from the direct investment
nto another e e t or where the en s rom sto ks ub tra e on the
sto k e hanges an the ho ng er o s ess than months
nterest in ome
Interest income is treated as ordinary income.
ental in ome
Rental income is treated as ordinary income.

oyalty in ome
Royalty income is treated as ordinary income.
artners ip in ome
artnersh s reg stere n h na are not sub e t to he n ome o a artnersh s
taxable at the partners’ level.
nrealised ex ange gains

Unrealised exchange gain (loss) from the year-end translation of assets (liabilities)
denominated in foreign currency generally is taxable (deductible).
oreign in ome
The worldwide income of a TRE and its branches both within and outside China is
taxable. There are no provisions in the CIT law that allow foreign income directly
earned by the TRE to be deferred for tax purposes. The CIT law contains a controlled
foreign company (CFC) rule under which the unremitted earnings of a foreign company
controlled by Chinese enterprises may be taxable in China (s a ai s i
i a i ). A foreign tax credit is allowed for foreign income taxes paid on
foreign-source income.
edu tions
enera an enter r se s a owe to e u t reasonab e e en tures that a tua ha e
been incurred and are related to the generation of income.
epre iation o fixed assets

Fixed assets with useful lives of more than 12 months must be capitalised and
e re ate n a or an e w th the regu at ons enera e re at on s a u ate
by the straight-line method. Shorter tax depreciation life or accelerated depreciation
may be allowed due to advancement of technology or suffering from constant vibration
or se ere orros on ro u t on nature b o og a assets su h as esto k he or
breeding and commercial timber, also have to be capitalised and depreciated using the
straight-line method.
Under the straight-line method, the cost of an item, less its residual value, is depreciated
over the useful life of the asset. Residual value should be reasonably determined based
on the nature and usage of the asset. The CIT law provides minimum useful lives for the
following assets:
Assets Years
Buildings and structures 20
Aircraft, trains, vessels, machinery, mechanisms, and other production equipment 10
Appliances, tools, and furniture etc. related to production and business operations 5
Means of transport other than aircraft, trains, and vessels 4
Electronic equipment 3
Production-nature biological assets in the nature of forestry 10
Production-nature biological assets in the nature of livestock 3
Accelerated depreciation
Shorter tax depreciation life or accelerated depreciation is allowed for particular
t es o fi e assets e g fi e assets that nee to be re a e more re uent ue to
a an ement o te hno og fi e assets that su er rom onstant brat on or se ere
orros on erta n fi e assets a u re on or a ter anuar b om an es
n erta n s e fi n ustr es ma be e ense o n one um sum n the ear o
acquisition or be depreciated over a shorter appreciation life or under an accelerated
depreciation method.
Where a shorter depreciation period method is applied, the minimum depreciation

period cannot be less than 60% of the minimum depreciation period as prescribed in the
aw where an a e erate e re at on metho s a e the oub e e n ng
balance method or sum-of-years-digits method can be used.
mortisation o intangibles and goodwill C

A deduction is allowed for amortisation of intangible assets, such as, but not limited to,
atents tra emarks o r ghts an an use r ghts enera ntang b e assets ha e
to be amortised over a period of not less than ten years. For an intangible asset obtained
through capital contribution or assignment, it can be amortised according to the useful
life prescribed in the laws or agreed in the contracts, if any. However, acquired goodwill
is not deductible until the invested enterprise is entirely transferred or liquidated.
rganisational and start up expenses

rgan sat ona an start u e enses are ta e u tbe u n the first ear o
operation.
esear and de elopment expense

For R&D expenses incurred for new technology, new products, or new craftsmanship, an
extra 50% of the actual expenses incurred are also tax-deductible as an incentive.
sset loss
Asset loss (including bad debt loss) may be deductible in the tax year during which such
loss is incurred, provided that supporting documents are submitted to and accepted by
the n harge ta bureau be ore annua n ome ta re on at on fi ng
Interest expenses
Interest on loans generally is tax-deductible. For interest expenses on borrowings from
non finan a nst tut ons b a non finan a nst tut on the ort on that oes not e ee
the commercial rate is deductible. The tax deduction of interest paid to related parties
s sub e t to the th n a ta sat on ru e un er the aw s a ai s i
i a i ).
eser es and pro isions

ro s ons or asset m a rment reser es e g ba ebt ro s ons an r sk reser es
generally are not tax-deductible unless otherwise prescribed in the tax rules. Financial
nst tut ons an nsuran e om an es ma e u t erta n ro s ons an reser es sub e t
to the a s s e fie n the re e ant ta r u ars
Contingent liabilities
he aw oes not s e fi a a ress the e u t b t o ont ngent ab t es
According to the general principle of the CIT law, contingent liabilities are liabilities that
an enterprise has not actually incurred and thus shall not be tax-deductible.
aritable donations
har tab e onat ons are ta e u t b e at u to o the annua a ount ng rofit
Non-charitable donations, as well as sponsorship expenditures that are non-advertising
and non-charitable in nature, are not deductible.
Wages and sta wel are expenses

Reasonable wages and salaries of employees incurred by an enterprise are tax-
deductible. Directors’ fees are also tax-deductible. As an incentive to encourage the
hiring of handicapped people, 200% of the actual salary expenses paid to handicapped
staff are deductible.
Basic social security contributions, including basic pension insurance, basic medical
nsuran e unem o ment nsuran e n ur nsuran e matern t nsuran e an

housing funds, that are made by an enterprise in accordance with the scope and criteria
as prescribed by the state or provincial governments are deductible.
Commercial insurance premiums paid for investors or employees shall not be tax-
e u t b e un ess t s a or sa et nsuran e or workers on u t ng s e a t es o
work
Staff welfare expenses, labour union fees, and staff education expenses are tax-
e u t b e at u to an o the tota sa ar e enses res e t e or
ua fie enter r ses the a or ta e u t b e sta e u at on e enses s n rease to
8% of the total salary expenses.
Entertainment expenses
Entertainment expenses are tax-deductible up to the lesser of 60% of the costs actually
incurred and 0.5% of the sales or business income of that year. The excess amount must
not be carried forward to and deducted in the following tax years.
d ertising expenses and business promotion expenses

Advertising expenses and business promotion expenses are deductible at up to 15%
(30% for certain enterprises in the cosmetics, medicine, and beverage industries) of the
sales (business) income of that year unless otherwise prescribed in the tax regulations.
Any excess amount is allowed to be carried forward and deductible in the following tax
years. Advertising expenses and business promotion expenses incurred by the tobacco
industry are entirely not tax-deductible.
ines and penalties

nes ena t es an osses ar s ng rom onfis at on o ro ert are not e u t b e or
CIT purposes.
Taxes
CIT payments and surcharges that are imposed on overdue taxes are not deductible for
CIT purposes.
Net operating losses

a osses an be arr e orwar or no onger than fi e ears start ng rom the ear
subse uent to the ear n wh h the oss was n urre arr ba k o osses s not
permitted.
ayments to a filiates
Management fees for stewardship are not deductible, but services fees paid for genuine
ser es ro e b a fi ates n h na or o erseas an harge at arm s ength shou
be e u t b e ther a ments to a fi ates su h as ro a t es are a so ta e u t b e
provided that the charges are at arm’s length.
Group taxation
rou ta at on s not erm tte un er the aw un ess otherw se res r be b the
State Council.
Transfer pricing
All enterprises are required to conduct transactions with related parties on an arm’s-
ength bas s he h nese ta author t es are em owere to make a ustments to
transactions between related parties that are not conducted at arm’s length and result
in the reduction of taxable income of the enterprise or its related parties using the
following appropriate methods: comparable uncontrolled price method, resale price
metho ost us metho transa t ona net marg n metho rofit s t metho an
other methods that are consistent with the arm’s-length principle. China also adopts

str ngent re u rements on the s osure o re ate art transa t ons n the fi ng o the
annual tax return. In addition, there is also a requirement to prepare contemporaneous
transfer pricing documentation if the amount of related parties’ transactions with an
enterprise exceeds a certain prescribed threshold.
The CIT law also contains transfer pricing provisions relating to cost sharing C
arrangements and advance pricing arrangements (APAs). In addition, it also contains a
few tax avoidance rules, such as a CFC rule, a thin capitalisation rule, and general anti-
a o an e ru es
Thin capitalisation
The CIT law has a thin capitalisation rule disallowing interest expense arising from
excessive related-party loans. The safe harbour debt/equity ratio for enterprises in the
finan a n ustr s an or enter r ses n other n ustr es s owe er there
s su fi ent e en e to show that the finan ng arrangement s at arm s ength these
interests may still be fully deductible even if the ratios are exceeded.

n er the ru e the un str bute rofits o s o ate n ow ta ur s t ons
with an effective income tax rate of less than 12.5% may be taxed as a deemed
distribution to the TRE shareholders. The Chinese tax authorities have published a list of
ountr es e a wh te st that the o not regar to be ow ta ur s t ons

he aw a o ts the re om nant n ustr or ente m te eogra h base
tax incentive policy. Key emphasis is placed on ‘industry-oriented’ incentives aiming at
re t ng n estments nto those n ustr se tors an ro e ts en ourage an su orte
by the state. The tax incentive policies mainly include the following and are applicable to
both domestic and foreign investments.
Tax redu tion and exemption

ma be re u e or e em te on n ome er e rom the o ow ng ro e ts
Projects/industries CIT incentive Valid period

Agriculture, forestry, animal-husbandry, and Exemption or All years, as long as it is
fisher ro ects 50% reduction engaged in these ro ects
ecified basic infrastr ct re ro ects 3 + 3 years tax tarting from the first
holiday (2) income-generating year
nvironment rotection ro ects and energ / 3 + 3 years tax tarting from the first
water conservative ro ects holiday (2) income-generating year
alified new/high tech enter rises established 2 + 3 years tax tarting from the first
in Shenzhen, Zhuhai, Shantou, Xiamen, Hainan, holiday (1) income-generating year
and Pudong New Area of Shanghai after 1
January 2008
Software enterprises 2 + 3 years tax tarting from the first
holiday (1) rofit making ear or
2017, whichever is earlier
Integrated circuits design enterprises 2 + 3 years tax tarting from the first
holiday (1) rofit making ear or
Integrated circuits production enterprises with 5 + 5 years tax tarting from the first
a total investment exceeding CNY 8 billion or holiday (3) rofit making ear or
that produce integrated circuits with a line-width 2017, whichever is earlier
of less than 0.25um, provided that its operation
period exceeds 15 years

Projects/industries CIT incentive Valid period

Integrated circuits production enterprises that 2 + 3 years tax tarting from the first
produce integrated circuits with a line-width of holiday (1) rofit making ear or
less than 0.8um 2017, whichever is earlier
alified integrated circ its ackaging/testing 2 + 3 years tax tarting from the first
enterprises holiday (1) rofit making ear or
alified enter rises that man fact re ke 2 + 3 years tax tarting from the first
parts or equipment used for the production of holiday (1) rofit making ear or
integrated circuits 2017, whichever is earlier
alified energ saving service enter rises ears ta tarting from the first
holiday (2) income-generating year
Encouraged enterprises in underprivileged areas 2 + 3 years tax tarting from the first
of in iang holiday (1) income-generating year
Pro ects involving a clean develo ment 3 + 3 years tax tarting from the first
mechanism (CDM) holiday year during which the
first dis osal of certified
emission reduction units
takes place
Certified animation enter rises that rod ce self 2 + 3 years tax tarting from the first
developed animation products holiday (1) rofit making ear or
Notes
1. ‘2 + 3 years tax holiday’ refers to two years of exemption from CIT followed by three years of 50%
reduction of CIT.
2. ‘3 + 3 years tax holiday’ refers to three years of exemption plus three years of 50% reduction of CIT.
3. ears ta holida refers to five ears of e em tion l s five ears of 0 red ction of C .
For income derived from the transfer of technology in a tax year, the portion that does
not exceed CNY 5 million shall be exempted from CIT and the portion that exceeds CNY
5 million shall be allowed a 50% reduction of CIT.
A CIT exemption applies to the dividend derived by a TRE from the direct investment
nto another e e t where the en s rom sto ks ub tra e on the sto k
exchanges and the holding period is less than 12 months.
e em t on a so a es to the n ome er e b re ogn se non rofit mak ng

organ sat ons engag ng n non rofit mak ng a t t es
edu ed tax rate

The CIT rate may be reduced under certain conditions for different industries (see
a s a i s i i a i ).
edu tion o re enue

here an enter r se uses resour es s e fie b the state as ts ma or raw mater a s to
produce non-restricted and non-prohibited products, only 90% of the income derived is
taxable.
set o ertain enture apital in estment

or a enture a ta enter r se that makes an e u t n estment n a non ste sma to
medium-sized new/high tech enterprise for more than two years, 70% of its investment
amount may be used to offset against the taxable income of the venture capital
enterprise in the year after the holding period has reached two years. Any portion that is
not utilised in that year can be carried forward and deducted in the following years.

n estment tax redit

nter r ses ur has ng an us ng e u ment s e fie b the state or en ronmenta
protection, energy and water conservation, or production safety purposes are eligible for
a tax credit of 10% of the investment in such equipment. Any unutilised amount can be
arr e orwar an re tab e n the o ow ng fi e ears
C
t er in enti es
There are also tax incentives in relation to the deduction of expenses and cost (e.g.
50% additional R&D deduction, shorter tax depreciation period, and accelerated
depreciation). i ss i i ai
oreign tax redit

A TRE is allowed to claim foreign tax credit in relation to foreign income tax already paid
overseas in respect of income derived from sources outside China based on a country-
basket r n e he re tab e ore gn ta a so n u es ore gn n ome ta a b
ua fie s owe er the re tab e amount ma not e ee the amount o n ome
tax otherwise payable in China in respect of the foreign-sourced income. In addition,
there s a fi e ear arr orwar er o or an unut se ore gn ta
Wit olding taxes

Foreign enterprises without establishments or places of business in China shall be
sub e t to a un atera on ess onar rate o w thho ng ta at on gross
income from dividends, interest, lease of property, royalties, and other China-source
passive income unless reduced under a tax treaty. Nevertheless, dividends distributed by
a ore gn n estment enter r se out o ts re rofit are st e em te rom
WHT rates under China’s tax treaties with other countries/nations are as follows (as of 1
June 2016):
Recipient Dividends (%) Interest (%) (1) Royalties (%) (2)

Albania 10 10 10
Algeria 5/10 (3a) 7 10
Armenia 5/10 (3a) 10 10
Australia 15 10 10
Austria 7/10 (3b) 7/10 (4a) 6/10
A erbai an 10 10 10
Bahrain 5 10 10
Bangladesh 10 10 10
Barbados 5/10 (3a) 10 10
Belarus 10 10 10
Belgium 5/10 (3i) 10 7
Bosnia and Herzegovina (7) 10 10 10
Botswana (9) 5 7.5 5
Brazil 15 15 15/25 (5a)
Brunei 5 10 10
Bulgaria 10 10 7/10
Canada 10/15 (3f) 10 10
Chile (9) 10 4/10/15 (4b) 2/10
Croatia 5 10 10
Cuba 5/10 (3a) 7.5 5
Cyprus 10 10 10
Czech Republic 5/10 (3a) 7.5 10
Denmark 5/10 (3a) 10 7/10


Ecuador (6) 3/5 (6) 8/10 (6) 8/10 (6)
Egypt 8 10 8
Estonia 5/10 (3a) 10 10
Ethiopia 5 7 5
Finland 5/10 (3a) 10 7/10
France 0/5/10 (3o) 10 6/10
Georgia 0/5/10 (3c) 10 5
Germany 10 10 7/10
Greece 5/10 (3a) 10 10
Hong Kong Special 5/10 (3d) 7 5/7 (5d)
Administrative Region
Hungary 10 10 10
Iceland 5/10 (3a) 10 7/10
India 10 10 10
Indonesia 10 10 10
Iran 10 10 10
Ireland, Republic of 5/10 (3b) 10 6/10
Israel 10 7/10 (4a) 7/10
Italy 10 10 7/10
Jamaica 5 7.5 10
Japan 10 10 10
Kazakhstan 10 10 10
Korea, Republic of 5/10 (3a) 10 10
Kuwait 0/5 (3l) 5 10
Kyrgyzstan 10 10 10
Laos 5 5 (in Laos) 5 (in Laos)
10 (in Mainland China) 10 (in Mainland China)
Latvia 5/10 (3a) 10 7
Lithuania 5/10 (3a) 10 10
Luxembourg 5/10 (3a) 10 6/10
Macao Special Administrative 5/10 (3a) 7 7
Region
Macedonia 5 10 10
Malaysia 10 10 10/15 (5b)
Malta 5/10 (3a) 10 7/10
Mauritius 5 10 10
Mexico 5 10 10
Moldova 5/10 (3a) 10 10
Mongolia 5 10 10
Morocco 10 10 10
Nepal 10 10 15
Netherlands 0/ /10 10 6/10
New Zealand 15 10 10
Nigeria 7.5 7.5 7.5
Norway 15 10 10
Oman 5 10 10
Pakistan 10 10 12.5
Papua New Guinea 15 (3n) 10 10
Philippines 10/15 (3g) 10 10/15 (5b)
Poland 10 10 7/10
Portugal 10 10 10
Qatar 10 10 10


Romania 10 10 7
Russia 10 10 10
Saudi Arabia 0/5 (3m) 10 10
Seychelles 5 10 10
Singapore 5/10 (3a) 7/10 (4a) 6/10
C
Slovenia 5 10 10
South Africa 5 10 7/10
Spain 10 10 6/10
Sri Lanka 10 10 10
Sudan 5 10 10
Sweden 5/10 (3a) 10 6/10
Switzerland 0/ /10 10 9
Syria 5/10 (3a) 10 10
Taiwan (9) 5/10 (3d) 7 7
a ikistan 5/10 (3a) 8 8
Thailand 15/20 (3a) 10 15
Trinidad and Tobago 5/10 (3e) 10 10
Tunisia 8 10 5/10 (5c)
Turkey 10 10 10
Turkmenistan 5/10 (3a) 10 10
Uganda (9) 7.5 10 7/10
Ukraine 5/10 (3a) 10 10
United Arab Emirates 0/7 (3l) 7 10
United Kingdom 5/10/15 (3k) 10 6/10
United States 10 10 7/10
Uzbekistan 10 10 10
Venezuela 5/10 (3h) 5/10 (4a) 10
Vietnam 10 10 10
Yugoslavia (8) 5 10 10
Zambia 5 10 5
Zimbabwe (9) 2.5/7.5 (3e) 7.5 7.5
Source: State Administration of Taxation, China
Notes
This table is a summary only and does not reproduce all the provisions relevant in determining the
application of WHT in each tax treaty/arrangement.
1. 0% is due on interest paid to government bodies, except for Australia, Bosnia and Herzegovina,
Brunei, Chile, Cyprus, Israel, Slovenia, and Spain. Reference should be made to the individual tax
treaties.
2. The lower rate on royalties applies for the use of or right to use any industrial, commercial, or
scientific e i ment.
3. The following notes apply to dividend WHT:
a. he lower rate a lies where the beneficial owner of the dividend is a com an not a artnershi
that directly owns at least 25% of the capital of the paying company.
b. he lower rate a lies where the beneficial owner of the dividend is a com an that directl owns
at least 25% of the voting shares of the paying company.
c. he lowest rate i.e. 0 a lies where the beneficial owner is a com an that directl or
indirectly owns at least 50% of the capital of the paying company and the investment exceeding 2
million e ros . he lower rate i.e. a lies where the beneficial owner is a com an that
directly or indirectly owns at least 10% of the capital of the paying company and the investment
exceeding EUR 100,000.
d. he lower rate a lies where the beneficial owner of the dividend is a com an that directl owns
at least 25% of the capital of the paying company.
e. he lower rate a lies where the beneficial owner of the dividend is a com an that directl or
indirectly owns at least 25% of the capital of the paying company.

f. he lower rate a lies where the beneficial owner of the dividend is a com an that owns at least
10% of the voting stock of the paying company.
g. he lower rate a lies where the beneficial owner of the dividend is a com an that directl owns
at least 10% of the capital of the paying company.
h. he lower rate a lies where the beneficial owner is a com an other than a artnershi that
directly owns at least 10% of the capital of the paying company.
i. he lower rate a lies where the beneficial owner of the dividend is a com an not a artnershi
that directly owns at least 25% of the capital of the paying company within at least 12
consecutive months before the payment takes place.
. he lowest rate i.e. 0 a lies if the beneficial owner of the dividends is the governmental
bodies s ecified in the treat , an of its instit tions, or other entit the ca ital of which is wholl
owned, directly or indirectly, by that contracting state. The lower rate (i.e. 5%) applies if the
beneficial owner is a com an other than a artnershi that directl holds at least 2 of the
capital of the company paying the dividends. The 10% rate applies in all other cases.
k. he 0 rate a lies if the beneficial owner of the dividends is the government of the other
contracting state. he rate a lies if the beneficial owner of the dividends is a com an that
directly holds at least 25% of the capital of the company paying the dividends. The 15% rate
applies where those dividends are paid out of income or gains derived directly or indirectly from
immovable property within the meaning of Article 6 by an investment vehicle that distributes most
of this income or gains annually and whose income or gains from such immovable property is
exempted from tax. The 10% rate applies in all other cases.
l. he lowest rate i.e. 0 a lies where the beneficial owner of the dividend is i the government
of the other contracting state or any of its institutions or other entity wholly owned, directly or
indirectly, by the government of the other contracting state or (ii) a company that is a resident of
the other contracting state whose shares are at least 20% owned, directly or indirectly, by the
government of the other contracting state.
m. he lowest rate i.e. 0 a lies where the beneficial owner of the dividend is the government
of the other contracting state or any of its institutions or other entity wholly owned, directly or
indirectly, by the government of the other contracting state.
n. In the case of Papua New Guinea, the WHT shall be limited to 10% of the dividend while the
Chinese tax law existing on the date of the signing of the tax treaty regarding dividends still
applies; otherwise, the tax rate shall be 15%.
o. he lowest rate i.e. 0 a lies if the dividends are derived b a sovereign wealth f nd s ecified
in the treat . he lower rate i.e. a lies if the beneficial owner of the dividends is a com an
(other than a partnership) that directly holds at least 25% of the capital of the company paying
the dividends. The 10% rate applies in all other cases. However, the dividends may be taxed at
the rate under the domestic law if the dividends are paid out of income or gains derived from
immovable property within the meaning of Article 6 by an investment vehicle that distributes
most of this income or gains annually, whose income or gains from such immovable property is
e em ted from ta , and where the beneficial owner of those dividends holds, directl or indirectl ,
10% or more of the capital of the vehicle paying the dividends.
4. The following notes apply to interest WHT:
a. he lower rate a lies to interest a able to banks or financial instit tions.
b. he lower rate a lies to interest a able to banks or financial instit tions. n all other cases,
the 10% rate will be applied for two years starting from the year the tax treaty enters into force,
and the 15% rate will be applied afterwards. In the event that Chile agrees to a lower rate of tax
with another co ntr in artic lar with reference to financial instit tions wholl owned b the
government), such new rate shall automatically apply under the China/Chile tax treaty under the
same conditions.
5. The following notes apply to royalties WHT:
a. The higher rate applies to trademarks.
b. he higher rate a lies to co right of literar , artistic, or scientific work, incl ding cinematogra h
films or ta es for television or broadcasting.
c. The lower rate applies to royalties paid for technical or economic studies or for technical
assistance.
d. The lower rate applies to royalties paid to an aircraft and ship leasing business.
6. The lower rates apply in cases where the dividend, interest, or royalty paid from Ecuador to China is
applicable to the Foreign Exchange Control Tax in Ecuador.
7. The tax treaty with the former Socialist Federal Republic of Yugoslavia is now applicable to Bosnia
and Herzegovina.
8. The tax treaty with the former Federal Republic of Yugoslavia is now applicable to the nations of
Serbia and Montenegro.
9. hese ta treaties have not et entered into force as of 1 ne 2016.
In addition to the above tax treaties, China has also entered into tax information
exchange agreements (TIEAs) with a few countries. For example:
• Argentina. • Cayman Islands. • San Marino.

• Bahamas. • uernse
• Bermuda. • Isle of Man.
• British Virgin Islands • Jersey.
(BVI). • Liechtenstein.

Tax administration
Taxable period
The tax year commences on 1 January and ends on 31 December.
Tax returns C
nter r ses are re u re to fi e the r annua n ome ta return w th n fi e months
a ter the en o the ta ear together w th an au t ert fi ate o a reg stere ub
a ountant n h na n ormat on on re ate art transa t ons must be fi e w th the
annual income tax return.
ayment o tax
nter r ses are re u re to fi e an a ro s ona n ome ta es on a month or
quarterly basis within 15 days following the end of each month/quarter. Three options
are a a ab e to the ta a er n om ut ng the ro s ona ta a tua rofits o the
month/quarter, (ii) average monthly or quarterly taxable income of the preceding year,
or (iii) other formulas approved by the local tax authorities.
ett ement o ta a ment s ue n on un t on w th the annua n ome ta return

w th n fi e months a ter the en o the ta ear
Tax audit pro ess

here s no fi e au t e n h na a au t targets are se e te ursuant to erta n
criteria.
For unintentional errors (e.g. calculation errors) committed by the taxpayer in its tax
fi ng the statute o m tat on s three ears an e ten e to fi e ears the amount o
ta un er a s or more or trans er r ng a ustments the statute o
limitation is ten years. There is no statute of limitation for tax evasion, refusal to pay tax,
or defrauding of tax payment.
Recent focus of Chinese tax authorities

Since 2009, the Chinese tax authorities have strengthened their tax administration on
transfer pricing and income derived by non-TREs. The State Administration of Taxation
(SAT) has released a number of tax circulars addressing the tax administration of
transfer pricing, foreign contractors and service providers, WHT on passive income, etc.
n er the aw non s are sub e t to on the a ta ga n er e rom the

disposal of equity investment in Chinese companies. In addition, the transfer has to be
effected at fair value so that any gain shall be recognised for tax purpose at the time
when the transa t on takes a es un ess the transa t on ua fies or e erra ta
treatment provided under the tax regulations). The Chinese tax authorities have, in
re ent ears ha enge an awe ba k on se era e u t trans er ases whereb
non-TREs disposed of their equity investment in China to related parties at cost or below
a r a ue n a t on the ha e be ome more know e geab e on a uat on theor es
and methodologies and are applying them in reviewing valuation reports in order to
ascertain the fair value of equity transfer transactions for tax purposes.
In addition, the Chinese tax authorities have geared up their efforts in recent years to
scrutinise investment structures involving intermediate holding companies incorporated
n ow ta ur s t ons ne o the r o uses s on the n re t e u t trans er o h nese
companies by non-TREs. The income derived by a non-TRE from the disposal of a non-
Chinese company is not taxable under China’s domestic income tax law. However, if the
Chinese tax authorities are of the view that the non-TRE transferor has used an abusive
arrangement to indirectly transfer the equity of the Chinese company (i.e. interposing
and disposing of the special purpose vehicle for no reasonable commercial purpose, but
ust or a o an e o h na w thho ng n ome ta t ma re hara ter se the e u t

transfer based on the ‘substance over form’ principle and disregard the existence of the
special purpose vehicle. Once the special purpose vehicle is disregarded, the transfer
would be effectively a transfer of the underlying Chinese company’s equity, and the
trans er ga n wou be h na sour e an sub e t to h na w thho ng n ome ta n
early 2015, the SAT issued a circular that sets out new guidance on the assessment of
indirect transfer of China taxable properties by non-TREs. The new guidance extends
the scope to capture all ‘China taxable properties’, including not only equity investment
in Chinese companies but also immovable properties located in China and assets of an
establishment or place of a foreign company in China. It also provides clearer criteria on
how to assess ‘reasonable commercial purpose’ and introduces ‘safe harbour’ scenarios.
he has a so re ease r u ars re at ng to the a m ng o treat benefits b

non-TREs and interpretation of certain articles and terms in the tax treaties, such as
en s ro a t es benefi a ownersh et ggress e ta ann ng n u ng
but not limited to, tax-avoidance and treaty-abusive arrangements) not supported
b reasonab e ommer a ur oses an substan e w be sub e t to s rut n b the
Chinese tax authorities. In September 2015, the SAT released a rule to introduce a
new me han sm o se assessment on the e g b t or ta treat benefits b non
res ents he re a ro a ro ess or re or fi ng a know e gement rom the h nese
tax authorities is no longer necessary starting from 1 November 2015. Instead, non-
res ents an the r w thho ng agents w be re u re to fi e erta n res r be orms
an other su ort ng o uments when er orm ng ta fi ng to ust the r a ms or
the ta treat benefits he ta os t on taken b the non res ents or w thho ng agents
w be sub e t to e am nat on b the h nese ta author t es a ter the ta fi ng
The SAT issued a Departmental Interpretation Note (DIN) in 2010 for the tax treaty
on u e between h na an nga ore t s the first t me the has ntro u e a set
of technical views, interpretation, and practice guidelines for the implementation of a
tax treaty in such a comprehensive manner. More importantly, this set of interpretation
is also applicable to other tax treaties concluded by China if the provisions of the
relevant articles in those tax treaties are the same as those in the China/Singapore tax
treat hus t s ke to ha e a w e m a t to ta res ents o other ountr es reg ons
that have entered into tax treaties with China.
The SAT released a circular in March 2015 regarding the deductibility of outbound
payments to overseas related parties. It sets out the SAT’s position from a transfer pricing
perspective in relation to all types of outbound payments to overseas related parties,
including service payments and royalty payments. It reiterates that outbound payments
to overseas related parties should follow the arm’s-length principle. The circular lists out
four types of payments that should not be deductible for CIT purpose.
eneral anti a oidan e rules

here s a ro s on n the aw a ow ng the h nese ta author t es to make
a ustments to ta ab e re enue or ta ab e n ome where bus ness arrangements
structures, or transactions are entered into without reasonable commercial purpose and
result in a reduction, exemption, or deferral of tax payment. The Chinese tax authorities
ma n t ate a n est gat on the sus e t that an enter r se un ertakes an o
the following arrangements: abuse of preferential tax treatments, abuse of tax treaties,
abuse of corporate structure, use of tax havens for tax avoidance purposes, or other
arrangements that do not have a reasonable commercial purpose.
he re ease the m n strat e easures on n ate he m n strat e

easures ro es om rehens e gu an e on the m ementat on o n u ng
e aborat on on erta n r n es a ustment metho s ro e ures throughout the
e e an re e ant o umentat on re u rements

Other issues
oi e o business entity
ore gn om an es enter r ses or n ua s ma estab sh e u t o nt entures
ontra tua o nt entures who ore gn owne enter r ses or re resentat e o fi es n
h na erta n ore gn finan a nst tut ons n u ng banks an nsuran e om an es C
ma sub e t to a ro a set u bran hes n h na ore gn n estors are a owe to
establish foreign invested partnerships in China. For certain foreign invested industries
an ro e ts a ro a s nee e rom the re e ant h nese go ernment author t es
e elopment o t e oreign ount Tax omplian e t T in

China
n ate une the h nese go ernment rea he an agreement n substan e w th
the n te tates on the terms o a o e ntergo ernmenta greement
owe er as o a the h na has not been s gne an the finan a
institutions in China have not started implementing FATCA.
Ex ange ontrols
Foreign exchange transactions are administered by the State Administration of Foreign
Exchange (SAFE) and its branches. The regulatory administration on foreign exchange
transactions of an enterprise depends on whether the transaction is a current account
item or a capital account item. Current account items refer to ordinary transactions
within the context of international receipts and payments, including, but not limited
to, balance of payments from trade, labour services, and unilateral transfers. Capital
a ount tems re er to tems o n rease or e rease n ebt an e u t ue to n ow or
out ow o a ta w th n the onte t o nternat ona re e ts an a ments n u ng
but not limited to, direct investment, all forms of loans, and investment in securities.
enera a a ment that a s un er the ategor o a urrent a ount ma be rem tte
overseas if supported with proper contracts, invoices, and tax payment/exemption
ert fi ates n the ast most o the transa t ons un er the ategor o a ta a ount
items had to be approved by the SAFE. Since the end of 2012, the SAFE has relaxed the
administration of certain capital account items so that approval is no longer needed for a
few types of transactions.
Intellectual properties
atents tra emarks an o r ghts are go erne b se arate aws an a m n stere
by separate governmental bodies. The government encourages the development and
trans er o nte e tua ro ert es he trans er o ua fie te hno og an ua fie
technical services are exempted from VAT.
ergers and a uisitions a ti ities

Both Chinese domestic and foreign investors increasingly are using M&A transactions to
establish or expand their Chinese operations.
he o an the o nt re ease a ta r u ar that a resses the treatments or

six forms of restructuring transactions, namely, change in legal form, debt restructuring,
equity acquisition, assets acquisition, merger, and spin-off. The general principle is that
enterprises undergoing corporate restructuring should recognise the gain/loss from
the trans er o re e ant assets e u t at a r a ue when the transa t on takes a e
owe er erta n res r be on t ons are sat sfie the art es n o e ou o t or
special tax treatments, which are essentially tax deferral tax treatment. In other words,
recognition of gain/loss of the transferor from transfer of assets/equity can be deferred
w th res e t to the e u t a ment ort on an the trans eree ma take o er the
transferor’s tax basis of the acquired assets/equity. Such special tax treatments are only
a a ab e to a er ew s e fi t es o ross bor er transa t ons

Fiji
PwC contact
Jerome Kado
Level 8
Civic Tower
272 Victoria Parade
Suva
Fiji
Tel: +679 331 3955
Email: jerome.kado@fj.pwc.com
F
Effective 1 January 2016, a new Fiji Income Tax Act (FITA 2015) has been introduced,
which includes provisions covering income tax, capital gains tax (CGT), and fringe
benefits ta he re ea s the re ous e ree an
e ree
orporate in ome tax T

Some of the changes introduced by the FITA 2015 are as follows:
• Amortisation of intangibles may be claimed as a tax deduction.

• The export income deduction of 50% has been extended to 2016.
• Thin capitalisation rules have been introduced for foreign-controlled resident
companies with a debt equity ratio of 2:1 (subject to the arm’s-length test) for
deductibility of interest on foreign associated entity loans.
• A 150% deduction has been introduced for foreign companies for capital expenditure
incurred for the relocation to Fiji of its regional or global headquarters, which
ro es management te hn a or other su ort ng ser es to ts o fi es or
associated companies, subject to certain conditions.
• The investment allowance incentive for hotel projects has been reduced from 55% to
25%.
• The loss carryforward for hotels qualifying for hotel incentives has been reduced from
eight years to four years.
• The Tax Free Region (TFR) incentives have been extended from the Nausori Airport
s e o the ewa r ge e u ng the townsh boun ar to the a s e o the
Matawalu River.
• Certain tax and duty incentives are available to residential housing development
projects.
• CIT exemption of ten years is available for the establishment of private hospitals with
a a ta n estment o o er m on an o ars
• 60% investment allowance is available for the refurbishment, renovation, and
e tens on o e st ng r ate hos ta s w th a ta n estment o o er m on
• CIT exemption of four years is available for the establishment of ancillary medical
ser es w th a ta n estment o o er m on
• 60% investment allowance is available for the refurbishment, renovation, and
e tens on o e st ng an ar me a ser es w th a ta n estment o o er
500,000.
• Loss carryforward of eight years is now available to private hospitals and ancillary
medical services.
• The Minister of Finance has the power to revoke any temporary studio city zone.
• The contractors’ provisional or withholding tax (WHT) has been reduced from 15%
to an ert fi ates o em t on w no onger be ssue
• Credit card levy has been increased from 2% to 3%.
www.pwc.com/taxsummaries Fiji 59
Fiji
• en s a out o rofits o the ta ear an subse uent ears are now

sub e t to fina o to res ent n ua s or to non res ents w th no
credits for corporate tax paid.
• rans t ona ta o s m ose on an rofit a ter n ome ta
• The Short Life Investment Package (SLIP) and investment allowance incentives
currently available for hotel projects under the Eleventh Schedule will be repealed
from 1 January 2017.
• A new SLIP incentive with a four-year tax holiday will be available to new hotels
effective 1 January 2017. The SLIP incentive will not be applicable to renovations.
• Effective 1 January 2017, new hotels will enjoy a 25% investment allowance but only
once for the project (previously 55% for all relevant projects).
alue added tax T

he o ow ng amen ments to the e ree are e e t e rom anuar
• The normal VAT rate is reduced from 15% to 9%.

• The importation of the following shall not be subject to import VAT:
• rt fi a arts o a bo orre t e g asses n a arr ages et
• Goods for disabled persons.
• The VAT exemption on the importation of the following items is repealed:
• as oo tems
• m orte fish su e to fish ro essors
• Film production companies with provisional approval for rebate under the Sixth
Schedule of the FITA shall be entitled to VAT refund.
• VAT exemption for residential accommodation shall exclude apartments that provide
hotel-like accommodation and facilities.
• The following supplies shall no longer be zero-rated:
• Medicines and drugs dispensed on the prescription of a medical practitioner or a
registered dentist.
• Kerosene and other basic food items.
• sh su e to a o a fish ro essor
Stamp duties
Effective 1 January 2016, the Fiji Revenue and Customs Authority (FRCA) may waive or
re un stam ut not e ee ng wh e the n ster o nan e ma wa e or
re un stam ut n e ess o
Effective 1 January 2016, the following contracts are subject to stamp duty as follows:
• ee o ss gnment o ra emark
• Finance lease or loan agreement: 1.75%.
• ew reg strat on o eh es to e en ng on the eng ne a a t o
the vehicle.
Effective 1 January 2016, the following contracts may be exempt from stamp duty:
• Any instrument executed by a small and medium-sized enterprise (SME) with an

annua gross turno er not e ee ng sub e t to erta n on t ons
• Any crop lien.
Ser i e turno er tax STT and en ironmental le y E

he o ow ng amen ments to the e ree are e e t e rom anuar
• The STT rate has been increased from 5% to 10%.

• he thresho or b stros o ee sho s an restaurants has been re u e rom
m on to m on
60 Fiji PwC Worldwide Tax Summaries

Fiji
• he thresho or harter ght ser es water s orts a t t es an a ommo at on

in private residences or property that accommodates tourists, international students,
and overseas visitors has been removed.
• Non-consumption services by hotel properties are no longer subject to STT.
Effective 1 January 2016, EL at the rate of 6% is also applicable on the prescribed

services subject to STT.
Tax dministration e ree T

he o ow ng amen ments to the are e e t e rom anuar
• res ent erson shou ha e a a om an e ert fi ate the erson

• wishes to submit an expression of interest or tender to supply goods or services to F
any government or public sector, or
• applies for registration, permit, or licence from any government entity.
• The tax authority can reinstate bad debts previously written off, subject to certain
conditions.
• Penalties for misleading statements and VAT evasion are introduced for cases where
the taxpayer does not have tax payable.

Resident corporations are taxed on their worldwide income. Non-resident corporations
may only be taxed on their Fiji-sourced income.
CIT is payable and assessed on the chargeable income of the business calculated by
subtra t ng e u t b e e enses rom a assessab e n ome s e fie un er the
s a ab e on ta ab e n ome at the o ow ng rates
Type of company CIT rate (%)

Non-resident shipping companies in respect of outgoing business from carriage of 2
passengers, livestock, mail, merchandise, or goods embarked or loaded in Fiji
Non-resident company that establishes its regional or global headquarters in Fiji 17
(subject to certain conditions)
Com an listed on the o th Pacific tock change P 10
All other companies, including non-resident companies carrying on business in Fiji 20
e.g. branch rofits
orporate residen e
A company incorporated, formed, or settled in Fiji is considered a ‘resident’ in Fiji.
A company not incorporated in Fiji is resident in Fiji if it has any part of its central
management and control located in Fiji.

s eterm ne base on the a ab e ta treat he a so efines ermanent
estab shment as a fi e a e o bus ness through wh h the bus ness o a erson s
wholly or partly carried on and includes the following:
• a e o management bran h o fi e a tor warehouse or worksho but not a

a son o fi e
• A mine site, oil or gas well, quarry, or other place of exploration for, or extraction of,
natural resources.
Fiji
• A building site, or a construction, assembly, or installation project, or supervisory

activities connected with such site or project, but only if the site, project, or activities
continue for more than six months.
• The furnishing of services by the person, including consultancy services, through
employees or other personnel engaged by the person for such purpose, but only if
activities of that nature continue for the same or a connected project for a period or
periods aggregating more than six months in any 12-month period.
• A person, referred to as an ‘agent’, acting on behalf of another person, referred to as
the ‘principal’, if the agent:
• has and habitually exercises an authority to conclude contracts on behalf of the
principal, or
• habitually maintains a stock of trading stock from which the agent regularly
delivers trading stock on behalf of the principal but does not include an agent of
independent status.
• Substantial equipment used for more than six months within a 12-month period or
installed by, for, or under contract with the person.
• The carrying on of activities, including the operation of substantial equipment in the
exploration for, or exploitation of, natural resources or standing timber for the period
or periods exceeding in aggregate of 90 days in any 12-month period, for or under
contract with a person.
t er taxes
alue added tax T
Effective 1 January 2016, VAT of 9% (previously 15%) generally applies on the supply of
goods and services in Fiji by a registered person in the course or furtherance of a taxable
a t t arr e on b that erson he thresho amount or reg strat on s
100,000 for the supply of goods and/or services.
he su o finan a ser es e e t or erta n nsuran e ser es res ent a

accommodation (subject to certain conditions), and education by an approved
institution is exempt.
Exports of goods and services and international transportation are zero-rated. The
export of services, however, is zero-rated only under certain conditions.
The due date for lodgement of VAT returns and payment of any VAT payable is the end of
the month following the taxable period, which is normally a month. However, where an
ent t s su es o not e ee t ma o t to o ge returns an a an
VAT payable on an annual basis.
n er erta n on t ons re tors o om an es w th nsu fi ent un s ma be he

liable for any outstanding VAT or CIT liability of the company and may be sued in their
personal capacity.
ustoms duties import ex ise taxes

m ort e se ta rom to a es to se e te goo s n a t on to the fis a
duties imposed on importation), including:
• Alcohol and tobacco.

• se or se on han uefie etro eum gas owere motor eh es
• New or used licensed mini buses.
• Some goods that are also locally manufactured.
• Certain white goods and luxury items.

Fiji
Ex ise taxes
Excise tax is payable on tobacco, alcohol products, and carbonated soft drinks
manufactured in Fiji, based on quantities produced.
roperty taxes
There are no property taxes at the national level. However, the municipalities may
charge property rates in their respective areas.
Stamp duties
n er the tam ut es t stam ut s a ab e n res e t o nstruments
including, but not limited to, declaration of trusts, leases, mortgages, transfer of
property (or interest therein), and shares.
F
apital gains tax T
Capital gains made from the following assets (excluding trading stock, depreciable
assets, or business intangibles) may be subject to CGT of 10%:
• Land or an interest therein.

• Vessels of over 100 tonnes.
• Yachts.
• hares se ur t es e u t es or other finan a assets e e t shares ste on the
SPSE).
• Intangible assets.
• Interest in a partnership or trust.
• Aircraft.
• t on r ght or other nterest n an asset re erre to abo e
a ta ga n ma e on s osa o an asset that s use so e to er e n ome that s

exempt from tax under the FITA shall be exempt from CGT.
Foreign tax paid in respect of the disposal of a capital asset may be allowed as a tax
credit against the CGT payable.
There is no carryforward of capital losses in calculating CGT.
Any gain on the disposal of shares listed on the SPSE shall be exempt from CGT.
Any gain on the disposal of shares in any Unit Trust in Fiji shall be exempt from CGT,
subject to certain conditions.
Any gain on the disposal of shares by a Fiji resident shall be exempt from CGT where
a private company goes through reorganisation, restructure, or amalgamation for the
purpose of listing on the SPSE, subject to certain conditions.
Effective 1 January 2016, transfer of shares due to corporate reorganisation shall not be
subject to CGT, subject to certain conditions.
Ser i e turno er tax STT and en ironmental le y E

Effective 1 January 2016, STT at the rate of 10% (previously 5%) is imposed on the
turnover of a person conducting a business involving the provision of a prescribed
service, which includes the following:
• Provision of accommodation, refreshments, and any other services by a hotel.

• Any services provided in a vessel that is principally or wholly engaged in the carriage
of tourists in Fiji.
• Provision of meals, beverages, and any other services in a bar.
• Provision of services in a nightclub.
• Provision of in-bound tour services.
Fiji
• Live entertainment provided by artists for a fee.

• Provision of services for recreational activity for gain.
• ro s on o ser es re at ng to e h b t on o fi ms to the ub or se t on thereo b
an exhibitor where a charge is made for admission, including services provided by
cinema operators.
• Provision of services by hired or rental car operators.
• Provision of meals, beverages, and any other services by bistros or coffee shops with
an annua gross turno er o er m on
• Provision of meals, beverages, and any other services on sale by restaurants with
annua gross turno er o er m on
• ro s on o harter ght ser es b an a r ra t or he o ter e u ng su h ser es
for medical or natural disaster relief evacuation.
• Provision of all water sports, including underwater activities and river safaris.
• Provision of accommodation in a private residence or property that accommodates
tourists, international students, or overseas visitors who are paying guests.
Effective 1 January 2016, the above-prescribed services are also subject to EL at the rate
of 6%. However, non-consumption services by hotel properties are no longer subject to
STT (or EL).
he ue ate or a ment o an s a gne w th the e ree re u rements

(i.e. end of the month following the taxable period).
ringe benefits tax BT

o s a ab e b the em o er on the grosse u a ue o erta n r nge benefits
provided to employees (the effective tax rate is 25%).
ayroll taxes
Employers are required to deduct and remit monthly to the tax authority appropriate
Pay-As-You-Earn (PAYE) tax and social responsibility tax (SRT) from employee gross
cash emoluments.
If appropriate PAYE taxes and SRT are not deducted and remitted, the tax authority may
recover the taxes from the employer or the employee and/or disallow a tax deduction for
the expenditure.
Contributions to the Fiji National Provident Fund (FNPF)

The FNPF is a compulsory superannuation scheme for local employees. Under the FNPF
e ree em o ers an em o ees are re u re to ontr bute an res e t e
of cash emoluments of employees to the Fund.
Employers are not required to contribute to the FNPF for expatriate employees.
Tele ommuni ation le y

Telecommunication levy of 1% is imposed on all voice call charges.
redit ard le y
Effective 1 January 2016, credit card levy of 3% (previously 2%) is imposed on the
outstanding credit card balance at the due date for payment for the credit card holder’s
monthly billing cycle, including interest and other bank charges. The credit card
provider shall be liable to pay the levy on behalf of the credit card holder.
T ird party insuran e le y

Third party insurance levy of 20% is imposed on the total third party insurance premium
collected in a month.

Fiji
ambling turno er tax TT

GTT is imposed on the value of consideration paid or payable in respect of the provision
of prescribed gambling services (i.e. acceptance of bets and provision of tickets for any
lottery) at the rate of 15%.
Bran in ome
he rofits o a ore gn om an s bran h o erat ng n are sub e t to the same ta
rate as the ta rate e e on rofits o a res ent or orat on e
n ome determination F
CIT is payable and assessed on taxable income of the business. Taxable income is
calculated by subtracting allowable deductions from all assessable income (i.e. all
sources of income).
n entory aluation
Inventories are normally valued at the lower of cost and net realisable value. While the
first n first out metho s a e tab e the ast n first out metho s not or
either book or tax purposes. Conformity between book and tax reporting is not required,
and there are no special provisions for valuing inventories or determining inventory
ows
apital gains
n rofit or ga n a rue or er e rom the sa e or s osa o rea or ersona
property, or any interest therein, shall be subject to income tax when:
• the business of the company comprises dealing in such property

• the property is acquired for the purpose of selling or otherwise disposing thereof, or
• an rofit or ga n s er e rom the arr ng on or arr ng out o an un ertak ng
or s heme entere nto or e se or the ur ose o mak ng a rofit
therw se the a ta ga n ma be sub e t to o see Capital gains tax [CGT] in

the Other taxes section for more information).
i idend in ome
Transfers of property by private companies to shareholders and associates may be
deemed to be a dividend paid by that company.
The following dividends are exempt from tax:
• en s re e e rom a om an n or orate n b res ent or orat ons

• en s a b a res ent om an ste on the
• Nominal value of bonus shares provided to shareholders arising from the
reconstruction or reorganisation of a company for the purpose of listing on the SPSE
(subject to certain conditions).
nterest in ome
e t e anuar nterest n ome o er er e b a res ent rom a
company shall be appropriately subject to resident interest WHT of 10% (previously 20%
on nterest rom a finan a nst tut on wh h ma be a me as a ta re t aga nst
income tax payable on income. Exempt income shall not be subject to WHT.
artners ip in ome
The income of the partners from a partnership for any income year is equal to each
partners’ respective share of income from that partnership. Each partner declares
Fiji
n ome se arate an s n ua ab e or fi ng a ta return or ea h a ab e

year.
iability o dire tors s are olders

re tors shareho ers o om an es n u at on or w th nsu fi ent assets to sat s
tax liabilities may be held liable for any outstanding tax liability of the company, under
certain conditions.

Where a foreign-controlled business in Fiji produces less income than might be expected,
the revenue authorities may determine the income for tax purposes.
oreign in ome
Resident corporations are taxed on their worldwide income. Foreign income derived
from a treaty country is taxed according to the treaty. Foreign income sourced from
a non-treaty country by a Fiji tax resident is subject to income tax in Fiji. A credit is
allowed in Fiji for foreign tax paid on foreign income. The tax credit is limited to the
lesser of the Fiji tax payable or the foreign tax paid on such income. There are no special
provisions for taxing undistributed income of foreign subsidiaries.
edu tions
Generally, expenses wholly and exclusively incurred in deriving assessable income are
allowable deductions. Expenditures that are capital or domestic in nature are generally
not deductible.

e re at on ma be a u ate on the ost o a bus ness asset on a stra ght ne or
diminishing-value basis. The prescribed rates of depreciation are based on the estimated
life of the asset. Upon disposal of a business asset, either recoupment of depreciation
claimed is taxable or the excess of tax written-down value over sale proceeds is
deductible. The taxpayer has an option to set-off recoupment of depreciation against
the cost of replacement assets. Conformity between book and tax depreciation is not
required.
Effective 1 January 2016, there are three broad bands of depreciation rates for assets
(other than buildings). The three broad bands and the depreciation rates are as follows:
Diminishing Straight line

Band Kind of asset value (%) (%)
1 Motor vehicles; buses and minibuses with a seating 40 25
capacity of less than 30 passengers; goods vehicles
with a load capacity of less than seven tonnes;
computers and data handling equipment; and
construction equipment and earthmoving equipment
2 Buses with a seating capacity of 30 or more 30 20
passengers; goods vehicles designed to carry or pull
loads of more than seven or more tonnes; specialised
trucks; tractors; trailers and trailer-mounted containers;
and plant and machinery used in manufacturing,
mining, or farming operations
3 Vessels, barges, tugs, and similar water transportation 20 12.5
equipment; aircraft; specialised public utility plant,
e i ment, and machiner office f rnit re, fi t res, and
equipment; and any depreciable asset not included in
another category

Fiji
Subject to certain conditions, accelerated depreciation is available for (i) buildings

constructed between 1999 and 2018 that are to be used for agricultural, commercial,
or industrial purposes; (ii) multi-storey, multi-unit residential buildings; and (iii) other
a ta e en ture ons ere o benefit or the e onom e e o ment o to
one fi th o the e en ture ma be a me n ea h o an fi e ears o an e ght ear
period.
Certain renewable energy plant and water storage facilities also qualify for a 100%
write-off.
Capital expenditure aimed at economising on the consumption of fuel, electricity, or its

derivatives, or on an asset using energy sources indigenous to Fiji, may be eligible for
accelerated depreciation at varying rates. F
The cost of the acquisition of a mining lease or tenement and the cost of development
o m nes ma be wr tten o n e ua nsta ments n an fi e o the first e ght ears
commencing with the year in which the expenditure was incurred.
A deduction for depletion of other natural resources is not available.
oodwill
Effective 1 January 2016, goodwill, and the amortisation thereof, may be deductible for
income tax purposes.
Start up expenses
Effective 1 January 2016, start-up expenses are deductible for income tax purposes.
nterest expenses
Interest expenses that are revenue expenditure wholly and exclusively incurred in
deriving taxable income are generally deductible in calculating taxable income, subject
to the thin capitalisation rules (s i a i a isa i i a ai s i
more information).
ro isions
Provisions for expenses not yet incurred (e.g. bad debts) are not tax-deductible.
e u t ons are genera erm tte n res e t to amounts that are a tua a or
incurred.
aritable and ot er ontributions

Contributions to approved academic (effective 1 January 2016) and charitable
organ sat ons o u to are e u t b e
here are erta n other s e fi onat ons that ua or ar ng e e s o e u t ons

including:
• onat ons to the er tage oun at on wh h ua or a e u t on o

• onat ons to our sm wh h ua or a e u t on o
• ash onat ons e ee ng to the o ert e e un or u at on
which qualify for a deduction of 200%.
• ash onat ons e ee ng to a orts un as a ro e b the o
the FRCA) for purposes of sports development in Fiji, which qualify for a deduction of
150%.
• ota ost o new om uters a to s an tab ets o not ess than but
not e ee ng that are onate to urban an rura s hoo s reg stere
with the Ministry of Education, which qualify for a deduction of 150% and 200%,
respectively.
• The following payments qualify for a deduction of 150%:
Fiji
•ash onat ons o not ess than but not e ee ng to the

saster ehab tat on un
• ash s onsorsh s o more than but not e ee ng
towards the hiring of international sporting coaches.
• ash onat ons not e ee ng towar s an a ro e hous ng ro e t
for squatters by the Fiji government.
• ash onat ons o not ess than to the armers saster e e mergen
Fund Account, which qualify for a 200% deduction.
ines and penalties

enera fines an ena t es are not e u t b e or n ome ta ur oses
Taxes
a es e e on n ome are not e u t b e n o the em o er s statutor
contribution paid by the employer is allowed as a deduction for tax purposes in the year
the contribution was paid (s i i s i a ss i
more information).
m o ee ost not a ro r ate sub e t to a s ou arn fina s s not

allowed as a deduction for tax purposes.
s not a owe as a e u t on or ta ur oses
et operating losses
Tax losses may be carried forward for four consecutive years, provided the company can
demonstrate a minimum 51% continuity of shareholding between the year of loss and
the year of claim. Notwithstanding the change in ownership, losses may also be carried
forward where a company carries on the same business in the carried forward year as it
did in the loss year (subject to certain conditions).
Effective 1 January 2016, in relation to certain private hospitals and medical services
businesses, tax losses may be carried forward for eight years. as ia
i s i i si a i sa i i ss i .
Loss carrybacks are permitted, but only in very limited circumstances.

Subject to the normal rules of deductibility, a deduction may be claimed for royalties,
management ser e ees an nterest harges a to ore gn a fi ates
roup taxation
Group taxation is not available in Fiji.
Trans er pri ing

Transfer pricing provisions state that the tax authority may allocate income and
e enses between asso ates re ate ent t es to re e t n ome an e enses on an
arm’s-length basis.
he n ome a rans er r ng egu at ons ro e that the rgan sat on or

onom o o erat on an e e o ment rans er r ng gu e nes ma be
used in interpreting the provisions of the Regulations in determining income or expenses
on an arm’s-length basis.
T in apitalisation
e t e anuar a ore gn ontro e res ent om an other than a finan a
institution, has a debt to equity ratio in excess of 2:1 at any time during a tax year,

Fiji
interest expense in relation to that part of the debt that exceeds the ratio is not allowed
as a tax deduction unless the company can properly substantiate the arm’s-length nature
of the debt.

oes not ha e s e fi ru es n re at on to s

The tax incentives in Fiji are designed primarily to promote export sales and to
en ourage the e e o ment o n ustr es that are ons ere o benefit to the e onom
development of Fiji. F
Export in ome dedu tion

A deduction for export income is allowed in accordance with the following:
Year of assessment Percentage of export income to be deducted (%)

2015 50
2016 50
ort n ome means net rofit er e b a ta a er rom the bus ness o e ort ng
goo s an ser es an the o the ma where se arate re or s or e ort
income are not maintained, determine what this income should be.
The Fifth Schedule of the FITA, ‘Export Incentives’, has been repealed. However,
the e st ng benefi ar es are e e te to ont nue to en o the n ent es un er th s
schedule until the expiry of the incentives granted.
n ormation and ommuni ation te nology T tax in enti es

The income of an ICT operator may be exempt from CIT, provided that the business
employs 50 employees or more for six months within the income year and 60% or more
of the total value of its services in that income year is exported, if it is:
• operating on or before 1 January 2007 in the declared Kalabu Tax Free Zone (exempt
rom anuar to e ember or
• granted a licence after 1 January 2009 (exempt for a period of 13 years from the date
of issue of the licence).
The income of the following may be exempt from CIT for a period of 13 years from the
date of approval:
• ICT start-ups involved in application design or software development.

• Accredited ICT training institutions.
The expenses incurred by the following entities shall qualify for a 150% deduction:
• ICT start-ups involved in application design or software development.

• Accredited ICT training institutions.
Employment in enti es
a ar an wages a to first t me em o ees n u ng a rent es an tra nees
or the first months o em o ment ua or a e u t on h s e u t on s
a a ab e unt e ember
Fiji
otel industry in enti es

Effective 1 January 2016, approved capital expenditure incurred in building, renovating,
or expanding a hotel is subject to an investment allowance of 25% (previously 55%) of
the approved expenditure, in addition to normal depreciation.
Under the Short Life Investment Package (SLIP), the following concessions are available
to a company:
• Exemption from CIT for a period of ten years (four years effective from 1 January
ro e that the a ta n estment n the hote s more than m on
• ut ree entr o erta n a ta e u ment ant an ma h ner u on re e ng
provisional approval from the Minister.
• Permission to generate one’s own electricity, the excess to be sold to the Fiji Electricity
Authority.
Effective 1 January 2016, any tax losses incurred by an entity granted approval for the
investment allowance or SLIP may be carried forward for four years (previously eight),
but may only be set off against income of the hotel business or from the hotel premises.
The recipients of provisional approval for hotel investment tax incentives are required
to complete the hotel projects within two years from the date provisional approval is
granted.
he n ent es are a so a a ab e or new a artments sub e t to erta n on t ons
edi al industry in enti es e e ti e anuary

Approved capital expenditure incurred in building, renovating, or expanding a private
hos ta m n mum a ta n estment o m on or an ar me a entre
m n mum a ta n estment o s a owe an n estment a owan e o
60% of the approved expenditure, in addition to normal depreciation.
Under the Medical Investment Package (MIP), the following concessions are available to
a company:
• Exemption from CIT for a period of ten years, provided that the capital investment in
the r ate hos ta or an ar me a entre s more than m on or
million, respectively.
• ut ree entr o erta n a ta e u ment ant an ma h ner u on re e ng
provisional approval from the Minister.
Any tax losses incurred by an entity granted approval for the investment allowance or
MIP may be carried forward for eight years, but may only be set off against income of the
medical business or from the hospital premises.
The recipients of provisional approval are required to complete the projects within two
years from the date provisional approval is granted.
esidential ousing in enti es e e ti e anuary

The following concessions are available to a company developing buildings for
res ent a ur oses w th a a ta n estment o more than m on an at east
residential housing units:
• Subsidy of 5% or 7% (depending on capital investment) of the total approved capital

expenditure incurred, in addition to normal depreciation.
• ut ree an ree entr o erta n a ta e u ment ant an ma h ner
upon receiving provisional approval from the Minister.

Fiji
The recipients of provisional approval are required to complete the projects within two
years from the date provisional approval is granted.
ilmmaking and audio isual in enti es

A tax exemption or reduced tax rate is available on the income of non-resident
employees of an approved non-resident company engaged or intending to be engaged in
mak ng a fi m n
A resident entity (excluding an entity holding a broadcast licence in television or

radio in Fiji or with substantial shareholdings in the same) may deduct up to 150%
of expenditure on audio-visual production in respect of income in the year of the
expenditure. ‘Audio-visual productions’ include production for exhibition or sale of
theatr a fi ms broa ast te e s on re t to eo an eo sk rogramme au o F
recording, computer software, and interactive websites.
A tax exemption is available on the income derived by a taxpayer from the commercial
exploitation of a copyright until the taxpayer has received from the commercial
exploitation a return of up to 60% of the expenditure. The expenditure must be of
capital nature and in relation to the audio-visual production costs in respect of a
qualifying audio-visual production.
Tax concessions are also available for residents of areas declared as studio city zones by
the appropriate government minister.
Tax ree egions T s

The following concessions may be available to a newly incorporated entity engaged in
trade, business, or manufacture in the TFRs:
• em t on rom or a er o o fi e to onse ut e fis a ears or a new

a t t estab she between anuar to e ember e en ng on the
level of investment and the equity held by an iTaukei landowner.
• ut ree entr o raw mater a s ma h ner an e u ment n u ng arts an
materials) required for the establishment of the business.
The areas declared TFRs are Vanua Levu, Rotuma, Kadavu, Lomaiviti, Lau, and, effective
anuar the a r ort s e o the ewa r ge e u ng the town o ausor u to
the a s e o the atawa u er re ous oro ou to a ua
e t e anuar e em t on o fi e se en or ears e en ng on the

amount of capital investment) is available to a taxpayer engaged in any new activity
estab she n the rom the a r ort s e o the ewa r ge e u ng the town o
ausor u to the a s e o the atawa u er sub e t to erta n on t ons
t er tax in enti es
An investment allowance of 55% is available for the construction or refurbishment and
renovation of a vessel, in addition to normal depreciation, subject to certain conditions.
n a ro e m n ng om an ma or a s e fie er o be e em t rom or
taxed at a lower rate. The holder of a valid prospecting licence may write off approved
expenditure on prospecting for minerals against income from all sources.
A 150% deduction is available for direct capital expenditure incurred by commercial

banks in rural banking programmes.
Investors engaged in value adding processes in the food processing, agricultural

ro ess ng fisher es or orestr bus ness ma be ab e to a m a e u t on w th
respect to amounts invested or re-invested (for expansion), provided that the businesses
meet the 50% local content rule.
Fiji
A CIT exemption may be available to a taxpayer engaged in the following commercial

agricultural farming and agro-processing activities, subject to certain conditions:
• n new a t t w th a a ta n estment o at east m on a ro e an

estab she between anuar an e ember or a er o o ten
onse ut e fis a ears
• n new a t t a ro e between anuar an e ember or
a er o o fi e to onse ut e fis a ears e en ng on the e e o a ta
investment.
Income derived by a taxpayer from a new activity in processing agricultural commodities

nto b o ue s estab she between anuar an e ember ma be
exempt from CIT for a period of ten years, under certain conditions.
n e em t on rom or a er o o fi e ears ma be a a ab e to a ta a er engag ng

in renewable energy projects and power cogeneration.
nt t es n the agr u ture fisher es an tour sm n ustr es w th a ma mum turno er

thresho o ma a so be e em t rom
A 150% deduction is available on expenses incurred in reorganising a company for the

purpose of listing on the SPSE.
Any gain derived from the following sale of shares shall be exempt from CIT:
• For the purpose of listing on the SPSE, subject to certain conditions.

• a res ent o shares n a ste om an
o a ta e en ture o not ess than n urre b an e st ng bus ness

located in Vanua Levu is allowed as a deduction for tax purposes, subject to certain
conditions.
e u t on s a a ab e on e en ture not e ee ng n urre n

market ng goo s an ser es or e ort to an o the outh a fi ountr es e u ng
Australia and New Zealand.
The income of a shipping company derived from servicing Rotuma and the Lau Group
shall be exempt from CIT for a period of seven years, subject to certain conditions.
Effective 1 January 2016, a 50% deduction is available on expenditure incurred for

uniforms made in Fiji and supplied to an employee, provided that the cost is not
recovered from the employees.
Effective 1 January 2016, a 150% deduction is available for foreign companies for capital
expenditure incurred for the relocation to Fiji of its regional or global headquarters,
wh h ro es management te hn a or other su ort ng ser es to ts o fi es or
associated companies, subject to certain conditions.
oreign tax redit

A credit is allowed in Fiji for foreign tax paid on foreign income, limited to the lesser of
the Fiji tax payable or the foreign tax paid on such income.
Wit olding taxes

WHTs are levied as follows:

Fiji
WHT (%)
Know-how,
management Professional
Recipient Dividends Interest Royalties fees fees
Resident 0 10 (1) 5 (4) 5 (4) 5 (4)
corporations
Resident individuals 3 10 (1) 5 (4) 5 (4) 5 (4)
Non-resident
corporations:
Non-treaty 9 10 15 15 15
Treaty:
Australia 9 10 15 15 0/15 (3)
F
India 5 10 10 10 0/10 (3)
Japan 0/9 (3) 10 10 10 0/10 (3)
Korea, Republic of 9 10 10 10 0/10 (3)
Malaysia 9 10 15 15 0/15 (3)
New Zealand 9 10 15 15 0/15 (3)
Papua New Guinea 9 10 15 15 0/15 (3)
Qatar 0 0 5 5 0/5 (3)
Singapore 5/9 (2) 10 10 10 0/10 (3)
United Arab 0 0 10 10 0/10 (3)
mirates
United Kingdom 9 10 15 15 0/15 (3)
Notes
1. Applies to interest (over FJD 200) but is not applicable if income is exempt.
2. of gross amo nt of dividends if beneficial owner is a com an other than a artnershi that
directly holds at least 10% of the capital of the company paying the dividends; 9% in all other cases.
3. Depending on the provisions of the applicable double taxation agreement.
4. This WHT only applies where there is a formal written contract.
Tax administration
he a m n strat on e ree was romu gate w th the state ntent on o
harmonising the administration of the various tax laws, including CIT and VAT. CGT,
an are a so o ere b the ro s ons o the
If a due date falls on a Saturday, Sunday, or holiday, the due date is the last working day
before the due date.
Taxable period
Tax is assessed on income derived during the calendar year preceding the year of
assessment. Returns are therefore generally accepted on a calendar-year basis, although
a ro a s a so g en to use an a ternat e fis a ear bas s or ur oses o assessment
o returns om ete on a fis a ear bas s the a en ar ear n wh h more than one
ha o the fis a ear a s s eeme to be the a en ar ear n wh h the n ome s
derived.
Tax returns
The Fiji tax system is not based on self-assessment. Returns of income contain
information on the basis of which assessments are raised by the tax authorities.
The due date for lodgement of CIT returns is three months after the end of the income
year. However, under the Tax Agent Lodgement Programme, an extension of time may
be granted to lodge the CIT returns.
Fiji
ayment o tax
Final payment of CIT (i.e. the balance of actual tax payable) is generally due one month
after an assessment is issued.
Effective 1 January 2016, advance tax payments are required to be made in three
instalments, as follows:
• rst a an e ue on the ast a o the s th month o the urrent fis a ear 1

/3%
of the preceding income year’s tax payable or estimated tax liability).
• e on a an e ue on the ast a o the n nth month o the urrent fis a ear
(331/3% of the preceding income year’s tax payable or estimated tax liability).
• h r a an e ue on the ast a o the fis a ear 1
/3% of the preceding income
year’s tax payable or estimated tax liability).
he ro es or ar ous wa s to ensure the o e t on o ta es n u ng but not

limited to, the following:
• e arture roh b t on or er e arture roh b t on or er ma be use b the ta

o fi e to re ent ta a ers rom ea ng the ountr w thout sett ng outstan ng
taxes.
• arn shee or ers he ta o fi e ma garn sh bank a ounts or outstan ng ta es
• Registration of charges on personal and real properties of the taxpayer.
• stress an sa e o ersona ro ert
• Temporary closure of business.
Penalties
m n strat e ena t ro s ons ha e been amen e an n rease un er the
Some of the penalties are as follows:
• Failure to register: Every person who fails to apply for registration as required
ursuant to the e ree omm ts an o en e aga nst the e ree an w on
on t on be ab e to a fine not e ee ng o the ta a ab e where the e a
oes not e ee s months or a fine not e ee ng the ta a ab e where the e a
exceeds six months.
• ate fi ng o a return reg stere erson who a s to o ge a ta return s ab e or
a penalty of 20% of the tax payable in the case where tax is payable and a penalty of
5% of the tax payable for every month of default.
• Late payment of tax payable: Where any tax remains unpaid on the expiry of the due
date, a penalty of 25% of the tax payable in respect of that taxable period will apply.
• Failure to comply with the late payment penalty: Every person who fails to comply
with the late payment penalty is liable for penalty of 5% of the unpaid tax for each
month of default.
• Failure to maintain proper records: A registered person who fails to keep, retain, or
maintain account, documents, or records is liable for a penalty of 75% (knowingly or
recklessly made) or 20% (in other cases).
• nsu fi ent a ment o a an e ta es ta a er who makes a an e a ment o
taxes less than the required amount per instalment is liable for a penalty of 40%.
Tax audit pro ess

The FRCA undertakes ongoing compliance activities to ensure corporations are meeting
their tax obligations. Compliance activities take various forms, including questionnaires,
re ews o s e fi ssues an au ts
Generally, the tax authority may issue notices of amended assessment within six years
after service of a notice of assessment. However, the six-year limit does not apply in
cases of fraud, wilful neglect, or serious omission.

Fiji
n er the rau s efine as an a t o mak ng a a se statement to the ta

author t w u neg e t s efine as the e berate a t to m n m se ta a ab e an
ser ous om ss on s efine as the om ss on o an amount o ta as eterm ne b the
tax authority.

The FRCA has recently been focusing on transfer pricing issues, the introduction and
m ementat on o ta as a fina ta an e se an fis a ut es
Hong Kong
PwC contact
Reynold Hung
PricewaterhouseCoopers Limited
21/F Edinburgh Tower, The Landmark
15 Queen’s Road Central
Central, Hong Kong
Tel: +852 2289 3604
Email: reynold.hung@hk.pwc.com

ew legislation ena ted
The following piece of legislation was enacted/became effective in the past 12 months:
• Inland Revenue (Amendment) (No. 2) Ordinance 2015: This ordinance extended the
urrent rofits ta e em t on or o shore un s to r ate e u t un s t be ame
effective on 17 July 2015 and takes retrospective effect, applying in respect of tax
chargeable for any year of assessment commencing on or after 1 April 2015.

ong ong a o ts a terr tor a bas s o ta at on rofits ta s a ab e b e er erson
efine to n u e or orat on artnersh an so e ro r etorsh arr ng on a
tra e ro ess on or bus ness n ong ong on rofits ar s ng n or er e rom ong
Kong from that trade, profession, or business. However, capital gains and receipts that
are capital in nature are not subject to tax. Dividends from local companies chargeable
to tax are exempt, whereas dividends from overseas companies are generally offshore
in nature and not subject to tax in Hong Kong. The tax residence of a person is generally
rre e ant or rofits ta ur oses he ta treatments o ub an r ate om an es
are the same.
erta n n ome that wou not otherw se be sub e t to ong ong rofits ta s eeme
to arise in or be derived from Hong Kong from a trade, profession, or business carried on
in Hong Kong and thus becomes taxable in Hong Kong. This includes royalties received
by a non-resident for the use of or right to use a patent, design, trademark, copyright
material, secret process or formula, or other property of a similar nature in Hong Kong,
or for the use of such intellectual properties outside Hong Kong, but the royalties paid
an be a me as a e u t on b a erson or rofits ta ur oses
The tax rates are 16.5% for corporations and 15% for unincorporated businesses.
There are special rules for determining the tax liabilities of certain industries, such as
sh ng a r ser es an finan a ser es here s a so a s e a ta ramework or
Islamic bonds (i.e. sukuk) that provides for the same tax treatments for sukuk vis-à-vis
their conventional counterparts.
n omes rom erta n ua ng ebt nstruments s are e ther ta e em t or

sub e t to a on ess onar ta rate e o the regu ar rofits ta rate owe er
there s a s e fi ant a o an e ro s on un er wh h the on ess onar ta rate ta
exemption does not apply to incomes derived from QDIs by a person who is an associate
of the issuer of the QDIs.
Before year of assessment 2015/16, offshore funds having Hong Kong fund managers
and investment advisors with full discretionary powers were exempt from Hong Kong
rofits ta on rofits er e n ong ong rom s t es o s e fie transa t ons
76 Hong Kong PwC Worldwide Tax Summaries

Hong Kong
that were arr e out or arrange b s e fie ersons e t e rom ear o

assessment the t es o s e fie transa t ons has been e an e to o er
transa t ons n erta n r ate om an es an the s e fie ersons re u rement has
been re a e n erta n r umstan es su h that o shore r ate e u t un s ma a so
en o the ta e em t on owe er there are a so s e fi ant a o an e ro s ons n
the n an e enue r nan e eem ng erta n res ent ersons to be sub e t to
rofits ta on the r share o the non res ent erson s ta e em t rofits
rofits er e rom the bus ness o re nsuran e o o shore r sks an ua ng o shore

a t e nsuran e bus ness are sub e t to rofits ta at a on ess onar ta rate e
o the regu ar rofits ta rate
orporate residen e
n genera or ong ong rofits ta ur oses or orate res en s not m ortant n
determining taxability of an entity. The decisive factors for taxability are (i) whether H
a corporation is carrying on a trade, profession, or business in Hong Kong, and (ii)
whether the rofits are ar s ng n or er e rom ong ong
However, where it is necessary to determine the corporate residence, such as for the
purpose of a comprehensive double tax agreement (CDTA), companies incorporated in
Hong Kong and companies that are normally managed or controlled/centrally managed
and controlled (depending on the provisions of the relevant CDTA) in Hong Kong are
generally considered as a Hong Kong tax resident.

or ong ong rofits ta ur oses whether a ore gn or orat on s arr ng on
a tra e ro ess on or bus ness n ong ong an the sour e o rofits rather than
whether there is a PE in Hong Kong, are the decisive factors in determining taxability.
he e sten e o a s genera rre e ant or rofits ta ur oses e e t n the
situation where a CDTA of Hong Kong is applicable.
t er taxes
alue added tax T
Hong Kong does not have a VAT, goods and services tax, or sales tax.
ustoms duties
There is no tariff on general imports in Hong Kong.
Ex ise tax
ut es are e e on m te ategor es o ut ab e ommo t es e toba o uor
methyl alcohol, and hydrocarbons), regardless of whether they are imported or locally
manufactured.
roperty tax
Property tax is charged annually to the owner of any land or buildings (except
government and consular properties) in Hong Kong at the standard rate of 15% on the
net assessable value of such land or buildings. Net assessable value of a property is the
consideration payable to the owner for the right to use the land or buildings less rates
paid by the owner and a 20% notional allowance.
enta n ome er e b a om an rom a ong ong ro ert s sub e t to rofits ta

he om an that s sub e t to rofits ta ma a or an e em t on rom ro ert ta
in respect of the property. If no exemption is applied, the property tax paid can be used
to o set aga nst the rofits ta a ab e b the om an
www.pwc.com/taxsummaries Hong Kong 77

Hong Kong
Stamp duty
Stamp duty is charged on transfer of Hong Kong stock by way of sale and purchase at
0.2% of the consideration (or the market value if it is higher) per transaction. Hong
ong sto k s efine as sto k the trans er o wh h must be reg stere n ong ong
For conveyance on sale of immovable property in Hong Kong, the stamp duty payable
depends on the property consideration. There are two sets of stamp duty rates (i.e. Scale
1 rates and Scale 2 rates). Scale 2 rates range from 100 Hong Kong dollars (HKD) (for
property consideration of up to HKD 2 million) to 4.25% (for property consideration
e ee ng m on an are a e to res ent a ro ert a u re b a
Hong Kong permanent resident who does not own any other residential property in
ong ong at the t me o a u s t on a e rates range rom or ro ert
consideration of up to HKD 2 million) to 8.5% (for property consideration exceeding
HKD 20 million) and are applied to all other cases. The stamp duty payable is computed
by applying the relevant rate to the consideration or market value of the property
(whichever is higher), with marginal relief upon entry into each higher rate band.
or ease o mmo ab e ro ert n ong ong stam ut s a u ate at a s e fie

rate of the annual rental that varies with the term of the lease. Currently, the applicable
rate ranges from 0.25% (for lease period of not more than one year) to 1% (for lease
period of more than three years).
em t on s a a ab e or erta n transa t ons su h as trans er o shares between

asso ate or orate bo es trans er o shares or un ts o e hange tra e un s ste
in Hong Kong, and certain stock borrowing and lending transactions, provided that the
s e fie on t ons or e em t on an are sat sfie
Spe ial Stamp uty SS

There is an SSD on resale of residential property within 36 months from the date of
a u s t on he s m ose on to o the stam ut a ab e on on e an e on sa e
or agreement for sale of residential property, with a few exemptions. The SSD payable
will be calculated based on the stated consideration or the market value (whichever is
higher) of the resold property at the regressive rates indicated below.
• 20% for residential properties held for six months or less.

• 15% for residential properties held for more than six months but for 12 months or
less.
• 10% for residential properties held for more than 12 months but for 36 months or
less.
Buyer s Stamp uty BS

s a ab e on a u s t on o ong ong res ent a ro ert es b an erson
(including Hong Kong and foreign companies) other than a Hong Kong permanent
res ent he s harge at a at rate o on the state ons erat on or the
market a ue o the ro ert a u re wh he er s h gher he s m ose on to
of the stamp duty and the SSD (if applicable), with exemptions in certain situations.
Business registration ees

er erson who arr es on a bus ness n ong ong s re u re to a or bus ness
registration with a fee within one month from the date of commencement of the
bus ness he bus ness reg strat on ert fi ate has to be renewe e ther on an annua
basis or every three years with a payment of a business registration (renewal) fee.
Special registration and licence fees are applicable to banks and deposit-taking
companies.
apital duty
There is currently no capital duty in Hong Kong.

Hong Kong
o ernment rates and rent

Rates are an indirect tax levied on properties in Hong Kong. Rates are charged at 5%
of the rateable value, which is the estimated annual rental value of a property at the
designated valuation reference date of 1 October.
Privately owned land in Hong Kong is normally held by way of a government lease
under which rent is payable to the Hong Kong SAR Government in return for the right
to ho an o u the an or the term e urat on s e fie n the ease o ument
Currently, government rent is calculated at 3% of the rateable value of the property and
s a uste n ste w th an subse uent hanges n the rateab e a ue
ayroll taxes
Mandatory Provident Fund (MPF) contribution

n er the s heme an em o er s re u re to make a man ator ontr but on
or an em o ee n the amount e ua to o the month n ome o that em o ee
The maximum level of income for contribution purpose is HKD 30,000 per month. An H
employer may make voluntary contributions in addition to the mandatory contribution
re u re
Bran in ome
he ta rate or bran hes s the same as that or or orat ons he ong ong rofit o a
foreign corporation with a branch in Hong Kong is determined according to the accounts
maintained for the Hong Kong operation (or business). If the Hong Kong accounts do
not s ose the true rofits ar s ng n or er e rom ong ong attr butab e to the
ong ong o erat on the ong ong rofit w be om ute a or ng to the rat o o
turnover in Hong Kong to total turnover (or the proportion of Hong Kong assets over
tota assets on the wor w e rofits ternat e the ong ong n an e enue
e artment ta assessor ma est mate the rofits o the ong ong bran h n
erta n s tuat ons the rofits o the ong ong bran h an be est mate base on a a r
percentage of the turnover in Hong Kong.
n ome determination
n entory aluation
n entor ma be state at the ower o ost or market a ue ast n first out ma
not be use or ta ur oses rst n first out must be ons stent a e
he re a ng a ount ng stan ar s re u re finan a assets an ab t es he or

trading purpose (e.g. shares and securities held as trading stock) to be carried at market
a ue w th u tuat ons n a ues o su h assets an ab t es taken to the rofit an oss
a ounts rres e t e o whether the rofits or osses are rea se o ow ng the ourt
decision in the Nice Cheer case, the increases (unrealised gains) in the market values
of trading securities are not taxable while the decreases (unrealised losses) may be
e u t b e when the are re or e n the finan a statements
There are special tax provisions for valuation upon cessation of a business under which
inventory is valued at market value, unless it is sold to a person carrying on business in
Hong Kong, who may deduct a corresponding amount as the cost of the inventory in
om ut ng the assessab e rofits
apital gains
Gains from realisation of capital assets or receipts that are capital in nature are not
taxed.

Hong Kong
i idend in ome
Dividends from local companies chargeable to tax are exempt, whereas dividends from
overseas companies are generally offshore in nature and not subject to Hong Kong
rofits ta ong ong or orat ons ma e are bonus ssues e sto k en s
which are not taxable in the hands of the recipients.
nterest in ome
Hong Kong sourced interest income received by or accrued to a corporation carrying
on a tra e or bus ness n ong ong s sub e t to rofits ta em t on s ro e
to nterest n ome er e rom an e os t a e n ong ong w th a finan a
institution, unless the deposit secures a borrowing the interest expense of which is
e u t b e h s e em t on howe er oes not a to nterest a ru ng to a finan a
institution.
nterest a ru ng to a bank or finan a nst tut on w be eeme to be sour e an

taxable in Hong Kong if the interest arises through or from the carrying on of business in
ong ong b the bank or finan a nst tut on
oyalties
Royalties paid or accrued to a non-resident for the use of or right to use in Hong Kong or
outs e ong ong the ro a t es are e u t b e n as erta n ng the assessab e rofits
o a erson or ong ong rofits ta ur oses a tra emark atent es gn o r ght
material, secret process, or other property of a similar nature, or for the use in Hong
Kong of cinema or television tape or any sound recording, are deemed to be taxable in
Hong Kong.
tota o o the sum re e ab e s eeme to onst tute rofits sub e t to ta n

normal situations. Where such royalties are received by or accrued to an associated
or orat on howe er o the sum s eeme to onst tute rofits un er erta n
circumstances.
artners ip in ome
Partnership business is taxed as a single entity, although an individual partner can use
ts share o osses n urre b a artnersh to o set aga nst the assessab e rofits o
ts other bus ness n genera there s no s e a reg strat on re u rement other than
bus ness reg strat on or a artnersh he assessab e rofits o a artnersh are
basically determined in the same way as those of a corporation, with certain special
rules (e.g. salaries or other remunerations paid to a partner or a partner’s spouse are not
deductible).
nrealised ex ange gains losses

In general, unrealised exchange gains/losses are taxable/deductible if they are
re ogn se n the rofit an oss a ounts n a or an e w th enera e te
Accounting Principles (GAAP), provided that they are revenue in nature and with a
Hong Kong source. The nature and source of exchange gains/losses are determined by
the nature and source of the underlying transactions. Exchange gains/losses arising
from ordinary business transactions (e.g. trade receivables or payables) are taxable/
deductible whereas exchange gains/losses arising from capital transactions (e.g. sale of
capital assets) are non-taxable/non-deductible.
oreign in ome
Hong Kong resident corporations are not taxed on their worldwide income. Foreign-
sourced income, whether or not remitted to Hong Kong, is not taxed. As such, there is no
s e fi ta ro s on ea ng w th e erra or non rem ttan e o ore gn earn ngs or
does Hong Kong have any controlled foreign company (CFC) legislation.

Hong Kong
edu tions
enses that are n urre or ro u ng rofits hargeab e to ta an that are not
capital in nature are generally tax deductible. In addition, special tax relief is available
for certain capital expenditure. There are special rules for deduction of certain expenses
(e.g. interest expenses).
ount ng treatments are usua o owe n eterm n ng the assessab e rofits e e t

when there s an e t ru e n the rue e enses re ogn se n the rofit an
loss accounts in accordance with GAAP are usually deductible if they are incurred for
ro u ng rofits hargeab e sub e t to ta an are not a ta n nature
Expense items for which a tax adjustment is necessary in determining the amount of
ta ab e rofits rom the a ount ng rofits n u e ta e re at on a owan e s
accounting depreciation, expenses that are capital in nature, general provisions that are
non e u t b e an non e u t b e nterest e enses on borrow ngs use to finan e
non-income producing assets. H
et out be ow are the ong ong rofits ta treatments o some ommon e ense tems
Tax depre iation o fixed assets

Tax depreciation allowances/deductions are available for capital expenditure incurred
on the construction of buildings or structures and in the provision of machinery and
plant for trade or business purposes, as follows:
• Industrial buildings and structures: An initial allowance of 20%, in addition to

an annual allowance of 4%, of the cost of construction or cost of purchase from a
developer is granted for an industrial building or structure occupied for the purpose
o a ua ng tra e ro s on s ma e or ba an ng a owan e or harge n the ear
of assessment in which the building is disposed of to adjust the written-down value
of the building to the disposal price. Balancing charges are restricted to the total of
initial and annual allowances previously given.
• Commercial buildings and structures: An annual allowance of 4% of the capital
expenditure incurred on the construction is applicable. A balancing allowance or
charge applies upon disposal. Balancing charges are restricted to the total annual
allowances previously given.
• Plant and machinery: An initial allowance of 60% of the capital expenditure on plant
and machinery is given for the year of assessment during the basis period in which
the expenditure is incurred. An annual allowance is also given for depreciation at
three prescribed rates on the reducing value of each of the three depreciation rate
oo s he three res r be rates are an an the re u ng a ue
of each of the three depreciation rate pools is original cost less initial and annual
allowances and sales proceeds. Provision is made for balancing charges when plant
and machinery within one of the three depreciation rate pools is sold or disposed of
and the reducing value of that pool is less than the sale price, which is capped at the
original amount incurred in the pool. In addition, balancing allowances or charges
may be applicable upon cessation of business. Otherwise, sales proceeds are deducted
in calculating the reducing value on which the annual allowance is calculated.
Book depreciation is adjusted for tax purposes in accordance with the above
depreciation allowances granted under the IRO.
oodwill
ost o a u s t on o goo w amort sat on o goo w s not e u t b e as t s a ta
in nature.

Hong Kong

In general, company formation/start-up expenses that are incurred before the
commencement of a trade, profession, or business and that are for the establishment of
the overall income producing structure are capital in nature and not tax deductible.
esear de elopment
here s a s e fi ro s on a ow ng the e u t on o e en ture n urre on
(including payments made to an approved research institute and in-house expenditure),
ro e that erta n s e fie on t ons are met
nterest expenses
There is no thin capitalisation rule in Hong Kong. However, deduction of interest
expense is subject to stringent and complicated rules that are designed to guard against
oan arrangements w th an ntent on to a o ong ong rofits ta es
Bad debts
A bad or doubtful debt incurred in any trade, business, or profession, proved to the
satisfaction of the HKIRD to have become bad during the basis period for a year of
assessment, is deductible. The deduction is limited to debts that were included as a
tra ng re e t n as erta n ng the ta a er s assessab e rofits or ebts n res e t o
money lent in the ordinary course of a money-lending business in Hong Kong.
If any bad or doubtful debt that has previously been allowed as a deduction is ultimately
re o ere t w be treate as ta ab e rofits o the bas s er o n wh h t s re o ere
A deduction is allowed for cash donations to approved charities made in the basis period
for a year of assessment if the aggregate of such donations is not less than HKD 100. The
e u t on s m te to o the assessab e rofits o the ear o assessment
ension expenses
A deduction is allowed for regular/ordinary contributions to a mandatory provident
fund scheme or recognised occupational retirement scheme made by an employer in
respect of an employee to the extent that the contributions do not exceed 15% of the
employee’s total emoluments for the period to which the contributions relate.
Special payments, other than the ordinary contributions to a mandatory provident fund
scheme or recognised occupational retirement scheme, are capital in nature but can be
e u te e en o er a fi e ear er o un er a s e fi ro s on o the
here are a so s e fi ru es or e u t on o ro s ons or ontr but ons to a man ator

provident fund scheme or recognised occupational retirement scheme.
ayments or dire tors

Director fees or other remunerations paid by a corporation to its directors are generally
deductible under the normal deduction rule. Nevertheless, no deduction is allowed on
salaries or other remunerations paid to a sole proprietor or any partners or partners’
spouses of a partnership business.
ontingent liabilities
enera s eak ng genera ro s ons or e enses are not e u t b e whereas s e fi
ro s ons are e u t b e the s sat sfie that the amount has been n urre
(i.e. the taxpayer has a legal/contractual obligation to pay such amount in future) and
that the provision represents a reasonably accurate estimate of the future liability.
Spe ial dedu tions

There are special deduction rules for expenditures incurred:

Hong Kong
• for refurbishment of a building or structure, other than a domestic building or

structure
• on environmental protection installation and machinery
• on environment-friendly vehicles
• on ma h ner or ant use s e fi a an re t or an manu a tur ng ro ess
computer hardware (other than that which is an integral part of machinery or plant),
om uter so tware an om uter s stems o e t e known as res r be fi e
assets)
• for registering trademarks, designs, or patents used in the production of taxable
rofits an
• on the ur hase o atent know how r ghts an s e fie nte e tua ro ert
rights (i.e. copyrights, registered trademarks, or registered designs), provided certain
s e fie on t ons are met
ines and penalties

Fines and penalties are generally not deductible, as the HKIRD does not consider them to
be e enses n urre or ro u ng rofits hargeab e sub e t to ta H
Taxes
a es a on or orate rofits are genera not e u t b e or the ur ose o
a u at ng the assessab e rofits owe er the genera a e ts that a ore gn
ta that s an e ense that must be borne regar ess o whether or not a rofit s er e
(e.g. a foreign withholding tax [WHT] levied on the gross amount of interest or royalties
re e e as o ose to a harge on the rofits themse es s e u t b e un er the
genera e u t on ro s on here nterest n ome or ga ns rom the sa e o a ert fi ate
o e os t or b o e hange are eeme to be sub e t to rofits ta a e u t on s
a owe or ore gn ta es o substant a the same nature o ong ong rofits ta
paid in respect of the same income, provided that the taxpayer is not eligible for double
taxation relief under a CDTA.
et operating and apital losses

et o erat ng osses n urre n an a ount ng ear an be arr e orwar n efin te
to o set uture rofits o the bus ness or orat on arr ng on more than one bus ness
ma ha e osses n one bus ness o set rofits o the others w th an ba an e be ng
carried forward. Net operating losses cannot be carried backward.
Capital losses are not tax deductible.

o a t es an ser e ees a a ab e b a ong ong or orat on to ore gn a fi ates
are e u t b e ro e the are n urre or the ro u t on o rofits hargeab e
subject to tax. There is no special restriction on the deductibility of these payments.
nterest a ab e b a ong ong or orat on to a ore gn a fi ate s not e u t b e
the re ent s not hargeab e sub e t to ong ong rofits ta on the nterest n ome
re e e e e t where e ther the a er or the re ent s a finan a nst tut on as
efine n the ta aw
roup taxation
Hong Kong does not have a consolidated or group taxation regime.
Trans er pri ing

Strictly speaking, there is no comprehensive transfer pricing legislation in Hong Kong.
While a few existing provisions in the IRO may be employed by the tax authority
to tackle non-arm’s-length transactions, such provisions are primarily aimed at
transactions with closely connected non-residents or tax avoidance transactions rather
than s e fi eg s at on on trans er r ng

Hong Kong
There are two Departmental Interpretation and Practice Notes (DIPNs) issued by the
HKIRD to address the transfer pricing issues in Hong Kong. DIPN 45 focuses on the
administrative/procedural issues involved in providing double tax relief in a treaty
context, such as when such relief is available and what are the procedures for claiming
su h re e out nes the s ew on the eg s at e ramework or trans er
pricing in Hong Kong (including the statutory provisions in the IRO and the articles
in a CDTA that are relevant to transfer pricing) and provides guidance on numerous
transfer pricing related issues, such as the application of the arm’s-length principle
and the acceptable transfer pricing methodologies, which are largely in line with the
Organisation for Economic Co-operation and Development (OECD) transfer pricing
guidelines. The DIPN also spells out the documentation that taxpayers should consider
retaining to support their transfer pricing arrangements and explains the interaction
between the transfer pricing and sourcing rules in Hong Kong.
In general, the HKIRD adopts the arm’s-length principle and will seek to apply the
OECD transfer pricing guidelines except where they are incompatible with the express
provisions in the IRO.
An advance pricing arrangement (APA) program is available in Hong Kong. The

objectives of the APA program are to help taxpayers obtain tax certainty on their
om e or s gn fi ant trans er r ng arrangements an re u e the r sk o oub e
taxation arising from related-party transactions. Resident enterprises or non-resident
enterprises with a PE in Hong Kong may apply for an APA in respect of their transactions
with associated enterprises under a CDTA, provided that certain conditions (including
the threshold for an APA application) are met.
Currently, the HKIRD is primarily focused on bilateral APA or multilateral APA

applications in respect of cross-border related-party transactions involving countries that
are CDTA partners with Hong Kong.
DIPN 48, issued by the IRD, provides guidance on various aspects of the APA regime,
such as the timeframe and threshold for an APA application, the various stages involved
in the APA process, an audit involving years covered by a concluded APA, and possible
rollback of the transfer pricing methodology agreed under an APA to prior years. The
appendices of the DIPN include various sample documents for use in an APA application.
T in apitalisation
Hong Kong does not have thin capitalisation rules.

Hong Kong does not have a CFC regime.

oreign tax redits
Foreign tax credits are available if foreign taxes are payable/paid on income derived
from a jurisdiction that has entered into a CDTA with Hong Kong and the same income is
subject to tax in Hong Kong. i i a ss i a is is i i s a
a i a A i .
oreign in estment in enti es

ong ong oes not ha e an s e fi n ent es or ore gn n estment e e t that
o shore un s ma be e em t rom rofits ta un er erta n r umstan es

Hong Kong
Wit olding taxes

There is no WHT on dividends, interest, or royalties. However, the 4.95%/16.5% (for
corporations) or 4.5%/15% (for unincorporated businesses) tax on royalties received by
non-residents (s a i si i a i s i ) is, in effect, similar to a
WHT.
es ent ons gnees are re u re to urn sh uarter returns to the show ng

the gross proceeds from sales on behalf of their non-resident consignors and to pay to
the omm ss oner o n an e enue a sum e ua to o su h ro ee s he
HKIRD normally accepts this as satisfying the Hong Kong tax obligations of the non-
resident.
Hong Kong has so far entered into 35 treaties with different jurisdictions. The following
table shows the applicable WHT rates for payments made from Hong Kong payers to
non-treaty and treaty country corporate recipients. The rates shown in the table are
the lower of the domestic and treaty rates. For WHT rates on payments received by H
Hong Kong recipients from treaty country payers, please refer to the summaries of the
respective treaty countries.
Recipient Dividends (%) (1) Interest (%) (1) Royalties (%)

Non-treaty 0 0 4.95 (2)
Treaty:
Austria (5) 0 0 3
Belgium (5) 0 0 4.95 (3)
Brunei (5) 0 0 4.95 (3)
Canada (5) 0 0 4.95 (3)
China, the People’s Republic of (5) 0 0 4.95 (3)
Czech Republic (5) 0 0 4.95 (3)
France (5) 0 0 4.95 (3)
Guernsey (5) 0 0 4
Hungary (5) 0 0 4.95 (3)
Indonesia (5) 0 0 4.95 (3)
Ireland (5) 0 0 3
Italy (5) 0 0 4.95 (3)
Japan (5) 0 0 4.95 (3)
Jersey (5) 0 0 4
Korea (6) 0 0 4.95 (3)
Kuwait (5) 0 0 4.95 (3)
Latvia (6) 0 0 0/3 (4)
Liechtenstein (5) 0 0 3
Luxembourg (5) 0 0 3
Malaysia (5) 0 0 4.95 (3)
Malta (5) 0 0 3
Mexico (5) 0 0 4.95 (3)
The Netherlands (5) 0 0 3
New Zealand (5) 0 0 4.95 (3)
Portugal (5) 0 0 4.95 (3)
Qatar (5) 0 0 4.95 (3)
Romania (6) 0 0 3
Russia (6) 0 0 3
South Africa (5) 0 0 4.95 (3)
Spain (5) 0 0 4.95 (3)
Switzerland (5) 0 0 3

Hong Kong

Thailand (5) 0 0 4.95 (3)
United Arab Emirates (5) 0 0 4.95 (3)
United Kingdom (5) 0 0 3
Vietnam (5) 0 0 4.95 (3)
Notes
1. Hong Kong IRO does not impose WHT on dividends and interest currently. However, the treaties
provide for a maximum WHT rate on dividends and interest should Hong Kong IRO impose such
WHT in the future. Some of the treaties also provide for a reduced WHT rate on dividends and interest
if conditions s ecified in the treaties are met.
2. Generally, royalties paid to non-resident corporations that are not otherwise chargeable to Hong
ong rofits ta are s b ect to at . . he 16. rate a lies if the ro alties are received b
or accr ed to a non resident from an associate, nless the Commissioner is satisfied that no erson
carrying on business in Hong Kong has, at any time, wholly or partly owned the property in respect of
which the royalties are paid.
3. ince a higher rate is s ecified in the treat , the lower domestic/non treat rate of . will a l .
4. he 0 rate a lies to a ments for the se of or the right to se ind strial, commercial, or scientific
e i ment or for information concerning ind strial, commercial, or scientific e erience. he rate
applies to all other cases.
5. atified and effective.
6. ot et ratified.
Tax administration
Taxable period
A year of assessment (or tax year) begins on 1 April of a year and ends on 31 March of
the o ow ng ear he er o that s use to om ute the ta ab e rofits or a ear o
assessment s a e the bas s er o wh h s norma the finan a ear en e n the
year of assessment.
Tax returns
a returns are ssue on the first work ng a o r ea h ear he fi ng ea ne s
usua w th n a month rom the ate o ssue owe er or orat ons whose finan a
year ended after 30 November and are represented by a tax representative are normally
grante w th an e tens on or fi ng the r returns he e a t fi ng ue ate e en s on
the accounting year-end date of the taxpayer.
he bas s o assessment s the a ount ng rofits o the finan a ear en ng w th n

the year of assessment, with appropriate adjustments for tax purposes. A tax return
s usua fi e together w th a ta om utat on show ng the ta a ustments to the
a ount ng rofits n arr ng at the ta ab e rofits or a owab e ta osses or a g en
year of assessment.
or orate ta a ers are a so re u re to atta h the r au te a ounts as su ort ng

o uments when fi ng a rofits ta return un ess the ua as a sma or orat on
as efine b the e ma n those w th gross n ome or a bas s er o o
not exceeding HKD 2 million plus a few other conditions). Small corporations are not
re u re to atta h su ort ng o uments w th the r rofits ta returns but are st
re u re to kee those o uments an subm t them u on re uest bran h o a ore gn
or orat on o ng bus ness n ong ong s re u re to fi e a rofits ta return annua
an the ma re u re au te a ounts o the ore gn or orat on to su ort the
ong ong bran h s rofits ta return
Notice of assessment will be issued after the tax return has been examined by the
a a ers ma be sub e t to ost assessment n est gat on or fie au t un er
the computerised random selection procedures of the HKIRD at a later date.

Hong Kong
ayment o tax
he ates o a ment o ta are eterm ne b the an s e fie n the assessment
notice. A system of provisional tax payments applies whereby estimated tax payments
are ma e ur ng the urrent ear he ro s ona rofits ta a ab e s norma
est mate base on the re ous ear s rofits ta ab t he ro s ona rofits ta
a rea a s re te aga nst the fina rofits ta assesse or a ear o assessment
wh h s eterm ne a ter fi ng o the return
For companies with an accounting year-end date of 31 December, the provisional

tax payments for a given tax year (to be paid in two instalments) are usually due in
o ember o the urrent ear an anuar o the ne t ear whereas the fina ta
payment for a given tax year is usually due in November of the year in which the return
is issued.
Tax audit pro ess

here s no s e fi ta au t e n ong ong a au t targets are se e te w th
reference to certain criteria determined by the HKIRD. H
An additional assessment may be made by an HKIRD tax assessor if a taxpayer
chargeable to tax has not been assessed to tax or has been assessed at less than the
proper amount. The assessment must be made within the relevant year of assessment
or within six years after the end of that year of assessment. The time limit for making
additional assessments is extended when a taxpayer either has not been assessed, or is
under-assessed, due to fraud or wilful evasion. In that case, an additional assessment
may be made up to ten years after the end of the relevant assessment year.
A statement of loss is not an assessment, and the above six-year time limit does not apply
to issue or revision of a statement of loss. A tax loss year remains technically open until
the s th ear a ter the first ear n wh h the ta a er has an assessab e rofit a ter
utilising all the tax losses brought forward.

rofits ta ssues that are o ten sub e t to ose s rut n o the ta author t n u e
o shore a m o rofits a ta a ms o n ome transa t ons w th re ate art es an
closely connected non-residents, and deductibility of expenses (e.g. interest expenses,
share-based payments, intra-group management/service fees).
eneral anti a oidan e rules

The IRO includes a GAAR (i.e. section 61A) allowing the HKIRD to disregard a
transa t on or ountera t the ta benefit on erre b a transa t on the so e or
om nant ur ose o enter ng nto su h a transa t on s to obta n a ta benefit hether
the so e or om nant ur ose o enter ng nto a transa t on s or obta n ng a ta benefit
w be assesse a or ng to a set o a tors st u ate n se t on nother
in the IRO is section 61, which empowers the HKIRD to disregard a transaction that
reduces or would reduce the amount of tax payable by any person if that transaction
s ons ere art fi a or fi t t ous though both s ou be use n ra t e
section 61A is more often invoked by the HKIRD in tackling tax avoidance schemes.
Spe ifi anti a oidan e pro ision or related party transa tions
n a t on to the genera ant a o an e ro s ons es r be abo e there s a s e fi
anti-avoidance provision dealing with transactions with closely connected non-residents.
n er the s e fi ro s on a res ent erson arr es on a bus ness w th a ose
onne te non res ent erson su h that no rofits or ess than the or nar rofits are
derived by the resident person in the course of such business, the non-resident person
an be assessab e an hargeab e to ta n res e t o rofits er e rom su h bus ness
in the name of the resident person.

Hong Kong
t er issues
Tax in ormation ex ange agreements T E s
Currently, Hong Kong has entered into seven TIEAs with different jurisdictions as shown
in the following table.
• Denmark • Norway
• Faroes • Sweden
• Greenland • United States
• Iceland
o the abo e s are rat fie an e e t e
In addition to the signing of the HK-US TIEA, Hong Kong signed a Model 2
intergovernmental agreement (IGA) with the United States in November 2014 to
a tate finan a nst tut ons n ong ong to om w th the ore gn ount a
Compliance Act (FATCA).
oreign in estment restri tions

In general, Hong Kong does not impose restriction to foreign investors to make
investments in Hong Kong, and wholly foreign owned companies are allowed. The only
exception is the restriction on foreign ownership of Hong Kong’s licensed television/
sound broadcasters, of which the collective foreign ownership ceiling is 49% of the
voting power. In addition, an approval from the Broadcasting Authority must be
obta ne or ho ng a u s t on or e er se o ot ng ontro b a ore gn n estor o
more than 2% of a licensee.
Ex ange ontrols
Hong Kong does not have any foreign exchange control. There is no restriction on entry
or re atr at on o a ta or rem ttan e o rofits rom n estments un s an be ree
remitted to persons outside Hong Kong by various means, such as dividends, interest,
ro a t es ser e ees an bran h rofits et
The principal forms through which a business can be conducted in Hong Kong are as
follows:
• Company incorporated in Hong Kong (either private or public via listing on the Stock
Exchange of Hong Kong).
• Branch of a foreign company.
• e resentat e or a son o fi e o a ore gn om an
• Joint venture (can be set up either as a company or partnership).
• Partnership.
• Sole proprietorship.
Of the above, privately incorporated companies and branches of foreign companies are
most commonly used by foreign investors, as limited liability is usually desirable.
ntelle tual property regulations

The Intellectual Property Department is responsible for monitoring the IP regime and
ensuring the protection and enforcement of IP rights in Hong Kong. The Department is
also responsible for investigating complaints against infringements and has extensive
powers of search and seizure. Registration and protection of patents, copyrights,
trademarks, and registered designs are each governed by a separate ordinance.
erger and a uisition a ti ities

here are no s e fi restr t ons on a t t es n ong ong he o ow ng ta
ons erat ons are re e ant n the onte t

Hong Kong
• en s or other orms o str but on o rofits e g str but on o bran h rofits

to the hea o fi e are genera not ta ab e
• a ta ga ns ar s ng rom an transa t on are not ta ab e n the han s o the
transferor, whereas amortisation of the goodwill in the transferee’s accounts is not
tax deductible due to its capital nature.
• For a share deal, stamp duty is payable on the transfer of Hong Kong shares at 0.2%,
unless an exemption applies; for an asset deal, stamp duty is payable on conveyance
of immovable property in Hong Kong at progressive rates of up to 8.5%.
• Gains derived from transfer of revenue items (e.g. trade receivables) in an asset deal
w be sub e t to rofits ta
• here s no s e a ta on ess on n ent e re at ng to transa t ons
• a osses n the a u re om an an genera be arr e orwar n efin te to
set o aga nst uture assessab e rofits owe er there are s e fi ant a o an e
provisions in the IRO that prevent the transfer of shares of a company with
a umu ate ta osses to owners o a rofitab e om an or the so e or om nant
ur ose o ut s ng the ta osses e o sett ng the ta osses aga nst the rofits
generated from other trade, profession, or business of the transferee). H

India
PwC contact
Rahul Garg
PricewaterhouseCoopers Pvt Ltd
Building No. 10, Tower - C
th th oor
DLF Cyber City, Gurgaon
Haryana -122002
India
Tel: +91 124 330 6515
Email: rahul.garg@in.pwc.com

E ualisation le y
Action Plan 1 (Digital Economy) of the Organisation for Economic Co-operation and
e e o ment s s base eros on an rofit sh t ng ro e t s usse
several options to tackle direct tax challenges in the digital environment. Taking
cues from this, an equalisation levy has been introduced. See Equalisation levy in the I
Withholding taxes section for more information.
ountry by ountry b reporting do umentation as per BE S

The government has now introduced the three-layered transfer pricing documentation
re u rements n ne w th the nternat ona stan ar as er the t on an
a a ers w now be re u re to re are a master fi e o a fi e an b re ort he
new reg me w be a ab e rom finan a ear See Transfer pricing in
the Group taxation section for more information.
atent Box egime

n or er to en ourage om an es to o ate h gh a ue obs asso ate w th the
development, manufacture, and exploitation of patents in India, the government has
introduced a concessional taxation regime for income from patents. See Patent Box
Regime in the Tax credits and incentives section for more information.
Tax ramework or start ups in ndia

With a view to providing an impetus to start-ups and to facilitate their growth in the
n t a hase o the r bus ness a e u t on o o the rofits an ga ns er e b
an eligible start-up from a business involving innovation development, deployment,
or commercialisation of new products, processes, or services driven by technology or
intellectual property (IP) will be available. See Start-up expenses in the Deductions section
for more information.
edu ed rate o tax or newly set up ompanies

o ro e re e to new set u n an om an es a benefi a or orate n ome ta
(CIT) rate of 25% (plus applicable surcharge and education cess) has been announced
w th e e t rom See Start-up expenses in the Deductions section for more
information.

A resident company is taxed on its worldwide income. A non-resident company is taxed
only on income that is received in India, or that accrues or arises, or is deemed to accrue
or arise, in India.
he rate a ab e to an n an om an or the ta ear s as o ows
www.pwc.com/taxsummaries India 90
India
Indian company Foreign company

Rate of CIT (%)
Basic ** Including surcharge, Basic Including surcharge,
Income * education cess, and education cess,
secondary and higher and secondary and
education cess (effective higher education cess
tax rate) (effective tax rate)
Less than 10 30 30.9 40 41.20
millionIndian rupees
(INR)
More than INR 10 30 33.063 40 42.024
million but less than
INR 100 million
More than INR 100 30 34.608 40 43.26
million
* Surcharge is payable only where total taxable income exceeds INR 10 million.
** Basic tax rate in case the total turnover during the tax year 2014/15 does not exceed INR 50 million is
29%.
inimum alternati e tax T

om an es are ab e to a on the r a uste book rofits other than n ome rom
life insurance business) where the tax liability under the normal provisions (excluding
surcharge, education cess, and secondary and higher education cess) of the Income-
tax Act, 1961 (‘the Act’) for the tax year is not more than 18.5% (excluding surcharge,
e u at on ess an se on ar an h gher e u at on ess o su h book rofits re t
of such MAT paid is available in subsequent years (up to ten years) where tax is payable
under the normal provisions of the Act (i.e. other than MAT).
MAT provisions are not applicable to foreign companies that do not have a permanent
establishment (PE) in India. Capital gains from the transfer of securities, interest,
royalties, and fees for technical services accruing or arising to a foreign company (which
has a PE in India) have been excluded from chargeability of MAT if tax payable on
such income is less than 18.5% (exclusive of surcharge, education cess, etc.). Further,
e en ture an eb te to the rofit an oss a ount orres on ng to su h n ome
sha be a e ba k to the book rofit or the ur ose o om utat on o
Indian company Foreign company

Rate of MAT (%)
Including surcharge, Including surcharge,
Income * education cess, and education cess,
secondary and higher and secondary and
education cess (effective higher education cess
Basic ** tax rate) Basic (effective tax rate)
Less than INR 10 18.5 19.055 18.5 19.055
million
More than INR 10 18.5 20.389 18.5 19.436
million but less than
INR 100 million
More than INR 100 18.5 21.341 18.5 20.008
million
* Surcharge is payable only where total taxable income exceeds INR 10 million.
asic rate of A is . in case of a com an located in an international financial services centre and
deriving income solely in convertible foreign exchange.
k om an es e om an es whose osses ha e w e out the r net worth an that

are oubt u o be ng re e an nurse ba k to rofitab t are not sub e t to
91 India PwC Worldwide Tax Summaries

India
e a onom one e e o er an a un t n an are a so ab e to a

MAT.
Tonnage tax s eme

The tonnage tax scheme, a presumptive tax provision, can be chosen by a non-resident
company that has a place of effective management in India, owns at least one qualifying
sh an whose ma n ob e t e s to arr on the bus ness o o erat ng ua ng sh s
The tonnage tax scheme is in place of CIT and is levied on the basis of tonnage of vessels
owned, operated, or chartered by it instead of on net income generated by commercial
operations. Under a presumptive tax system, taxpayers can opt to be taxed at a pre-
designated tax rate on its revenues.
Under this scheme, deemed income shall be assessed at 7.5% of the amount paid or
payable (whether in or out of India) for carriage of passengers, livestock, mail, or goods
shipped from any port in India, and the amount received or deemed to be received in
India on account of carriage of passengers, livestock, mail, or goods shipped to any port
outs e n a sha be treate as rofits an ga ns o bus ness
Treaty rates will apply to non-resident shipping companies if they are lower than the
rates under the tonnage tax scheme. I
A government company, or a public company formed and registered in India with the
ma n ob e t o o erat ng sh s s e g b e or a e u t on not e ee ng the ower o
o ts rofits an the sum trans erre to a s e a reser e to be ut se n a or an e
with the provisions of the Act.
o al in ome taxes
There are no local, state, or provincial taxes on income in India at present.
orporate residen e
A company is treated as a resident of India in any previous year if:
• it is an Indian company or
• its place of effective management (PoEM) in that year is in India (see below).
artnersh firm a m te ab t artnersh an other non n ua

entities are treated as resident in India if any portion of their control and management
is in India. They are non-resident if their control and management is situated wholly
outside India.
la e o e e ti e management oE
Presently, a foreign company is considered resident in India if the control and
management of its affairs is situated wholly in India.
To bring to tax those companies that are incorporated outside India but controlled from
India, the concept of PoEM has been introduced. PoEM is an internationally recognised
concept accepted by the OECD.
om an w be regar e as a res ent n n a ts o s n n a n that ear he

term PoEM has been explained to mean a place where key management and commercial
decisions that are necessary for the conduct of the business of an entity as a whole are, in
substance, made. Determination of residency of a foreign company on the basis of POEM
has been e erre b one ear e t w be a ab e rom to ro e
clarity and address certain concerns with regard to its implementation. Necessary
ro s ons w be ntro u e or a a tat on mo fi at on an e e t ons n the e st ng
provisions of the Act for computation of income, set off and carry forward of losses, etc.
India
Draft guidelines for determination of PoEM have been issued by the Central Board of
Direct Taxes (CBDT).

s efine n n a as a fi e a e o bus ness through wh h the bus ness o an
enterprise is wholly or partly carried on.
t er taxes
alue added tax T entral sales tax ST
The sale of movable goods in India is chargeable to tax at the central or state level. The
Indian Constitution grants powers to state legislatures to levy tax on goods sold within
that state u h sa es are there ore hargeab e to at the rates s e fie un er the
aws o the re e ant state goo s so n the ourse o nter state tra e are sub e t
to
Where goods are bought and sold by registered dealers on an inter-state basis for trading
or or use n the manu a ture o other goo s or s e fie a t t es su h as m n ng or
telecommunication networks), the rate of sales tax is 2%, provided Form ‘C’ is issued by
the purchasing dealer. In the absence of Form ‘C’, the applicable rate would be the rate
o on su h goo s n the or g nat ng state nter state ro urement on wh h
is charged by the originating state, is not eligible for input tax credit in the destination
state, and is a cost to the buyer.
n er the reg me the a on goo s ur hase w th n the state s e g b e or

re t he n ut re t an be ut se aga nst the a ab e on the sa e
of goods. The cascading effect of taxes is thus avoided, and only the value addition is
taxed.
urrent there s no on m orts nto n a orts are ero rate h s means that
wh e e orts are not harge to harge on om onents ur hase an use
in the manufacture of export goods or goods purchased for export is available to the
ur haser as a re un base on state eg s at ons
tate s harge at erent rates ar ng rom to w th a ew e e t ons

he rate o e en s on the nature o the goo s n o e an ar es rom state to
state.
turno er thresho s res r be so as to e u e sma tra ers rom the amb t o

n er a om os t on s heme ta ma be e e on sma tra ers w th n a s e fie
turno er m t at a ower rate n eu o
Entry tax troi duty

ntr ta s a ta on the entr o s e fie goo s nto the state rom outs e the state
or use onsum t on or sa e there n ntr ta ont nues to e st un er the reg me
owe er n erta n states t has been ma e ab e an an be o set aga nst the out ut
ab t n the state here entr ta es ha e been m ose n eu o o tro there s
no offset available, and hence they are a cost. Typically, the rate of entry tax ranges from
0.5% to 15%, depending upon the state.
The levy of entry tax has been considered unconstitutional by the High Courts in many
states he state go ernments ha e fi e et t ons be ore the u reme ourt to ha enge
these e s ons an at resent the matter s en ng fina a u at on be ore the
u reme ourt
tro s a mun a e that s e e at the t me o entr o s e fie goo s nto

the limits of the relevant municipal corporation. Thus, octroi is leviable, if there is

India
mo ement o goo s rom one t to another n the same state the t es a un er the
ur s t on o two erent mun a or orat ons
ustoms duty
Customs duty is levied by the Central Government on goods imported into, and exported
from, India. The rate of customs duty applicable to a product imported or exported
e en s u on ts ass fi at on un er the ustoms ar t th regar to
exports from India, customs duty is levied only on a very limited list of goods.
he ustoms ar s a gne w th the nternat ona re ogn se armon se stem o

omen ature ro e b the or ustoms rgan at on
Customs duty is levied on the transaction value of the imported or exported goods.
According to section 14 of the Customs Act, 1962 (CA), the concept of transaction value
is the sole basis for valuation for the purpose of import and export of goods. While
the general principles adopted for valuation of goods in India are in conformity with
the or ra e rgan at on agreement on ustoms a uat on the entra
o ernment has rame n e en ent ustoms a uat on u es that a to the e ort
and import of goods.
I
The customs duty applicable to any product is composed of a number of components,
which are as follows:
• Basic Customs Duty (BCD) is the basic component of customs duty levied at the
e e t e rate un er the rst he u e to the ustoms ar t an a e to
the landed value of the goods (i.e. the cost, insurance, and freight [CIF] value of the
goods plus landing charges). The peak rate of BCD is 10%.
• Additional customs duty in lieu of excise duty (commonly known as Countervailing
ut s e u a ent to an s harge n eu o the e se ut a ab e on
s m ar goo s manu a ture or ro u e n n a st a a u ate on the
sum o the an e a ue o the goo s an the a ab e owe er the on
s e fi onsumer goo s nten e or reta sa e n n a s a u ate on the bas s
o the ma mum reta sa e r e r nte on the r a ks ess the s e fie
abatement. The present rate of excise duty is 12.5%, and, consequently, the rate of
s a so
• Education cess at 2% and secondary and higher education cess at 1% are also
levied on the aggregate of the customs duties (except in cases of safeguard duty,
countervailing duty, and anti-dumping duty).
• n a t ona ut o ustoms to ounter a state ta es an o s
harge n a t on to the abo e ut es on m orts sub e t to erta n e e t ons
is calculated on the aggregate of the assessable value of the imported goods, the total
ustoms ut es e an an the a ab e e u at on ess an se on ar
and higher education cess.
BCD, education cess, and secondary and higher education cess levied on the aggregate
of duties of customs are a cost of any import transaction. The duty incidence arising
on a ount o the an ma be set o or re un e sub e t to res r be
conditions. Where goods are imported for purposes of manufacture, the Indian
manu a turer ma take re t o the an a at the t me o m ort or o set
aga nst the out ut e se ut n ase o ser e ro ers re t o on the s
a a ab e m ar the entra o ernment ro es e em t on rom a ment o
on m ort o erta n s e fie goo s sub e t to u fi ment o res r be on t ons
The Central Government has also prescribed a refund mechanism in relation to ADC
a on goo s m orte or the ur ose o tra ng n n a sub e t to u fi ment o the
on t ons res r be un er the go ern ng not fi at ons an r u ars ssue n th s
regard.
India
E T Ex ise duty
entra a ue e a s an e se ut e e b the entra o ernment
on the manufacture or production of movable and marketable goods in India.
he rate at wh h e se ut s e e on goo s e en s on the ass fi at on o the

goods under the Central Excise Tariff Act, 1985. The excise tariff is primarily based on
the e ght g t ass fi at on a o te so as to a h e e on orm t w th the ustoms
tariff.
Excise duty on most consumer goods that are intended for retail sale is chargeable on
the basis of the MRP printed on the package of the goods. However, abatements are
admissible at rates ranging from 15% to 55% of the MRP. Goods, other than those
covered by MRP-based assessments, are generally chargeable to duty on the ‘transaction
value’ of the goods sold to an independent buyer. In addition, the Central Government
has the ower to fi tar a ues or m os ng ad valorem duties on the goods.
Presently, the excise duty rate is 12.5% with a few exceptions. However, a partial or
om ete e em t on rom a ment o e se ut es s a so a a ab e or s e fie goo s
he entra e se ut s a mo fie where n a manu a turer s a owe re t o

the e se ut a on o a sour e goo s an the an a on m orte
goo s he re t an be ut se or a ment o e se ut on earan e
o ut ab e fina ro u ts manu a ture n n a anu a turers o ut ab e fina
ro u ts are a so e g b e to take a antage o the re t o the ser e ta es
a on n ut ser es use n or n re at on to the manu a ture o fina ro u ts an
earan es o fina ro u ts rom the a e o remo a sub e t to the u fi ment o erta n
conditions.
Ser i e tax
er e ta s e e on a ser es ro e or agree to be ro e n a ta ab e
territory, except the following:
• er es on the negat e st
• er es s e fi a e em te b not fi at on
he resent rate o ser e ta s an a wa hh harat ess s a ab e at on

the taxable value of services with effect from 15 November 2015. Further, Krishi Kalyan
Cess is applicable at 0.5% on taxable value of services with effect from 1 June 2016,
making the effective rate of service tax 14.5%.
Typically, the onus of payment of service tax lies with the provider of services. However,
for certain services (e.g. import of services), the onus of paying the service tax lies,
either fully or partially, on the service recipient.

he entra o ernment took a ma or ste towar s the trans t on to a nat ona
ntegrate n ork ng rou was onst tute b the m owere
omm ttee to stu g oba mo e s an ent su tab e mo e s or
introduction in India.
ar er the ha re ease ts rst s uss on a er on the ro ose n n a on

o ember n wh h the go ernment ha n ate that the sha ha e
three om onents one e e b the entre entra or another e e
b the states tate or an one that w be e e n ase o nter state
transa t ons ntegrate or he an the wou be a ab e
on all transactions of goods and services made for a consideration within the state,
except for exempted goods and services, goods that are outside the purview of the
an transa t ons that are be ow the res r be thresho m ts he e a t ate o

India
m ementat on o the s not et e e eta s o ta es that wou be subsume

nto the ua are as o ows
he o ow ng ta es wou be subsume nto the
• Excise duty.
•
• er e ta
he o ow ng ta es wou be subsume nto the
•
• Entertainment tax.
• Luxury tax.
• Lottery taxes.
• tate esses an sur harges
• Entry tax not in lieu of octroi.
t s ke that w be hase out n the reg me

I
he nan e n ster ha n ate that the wou be m emente w th e e t rom
r or the ur ose o ts m ementat on the onst tut ona men ment
Bill was presented before Parliament. The Bill has been passed by the Lower House of
Parliament; however, the same is yet to be passed by the Upper House of Parliament.
he ro ose reg me s e e te to s m the n re t ta reg me as t wou
subsume most of the indirect tax laws (except stamp duty); consequently, it is touted as
a ma or ta re orm here has been s gn fi ant rogress on the ront re ent t s
e e te that the go ernment w ush or assage o the onst tut on men ment
ur ng the u om ng onsoon sess on n a fina seems to be on the us o
implementing this much-awaited tax regime.
d an e ruling or ustoms, ex ise, and ser i e tax

To enable foreign investors to ascertain their indirect tax liabilities arising from proposed
business ventures in India, the Central Government has constituted the Authority for
an e u ngs as a h gh e e uas u a bo he un t ons o the
ons st o g ng a an e ru ngs on a s e fi set o a ts re at ng to s e fie matters
under customs, central excise, and service tax.
an e ru ngs ma be sought b an res ent non res ent n estor enter ng nto a
o nt enture n n a n o aborat on w th another non res ent or res ent o n a
or b a res ent sett ng u a o nt enture n n a n o aborat on w th a non res ent
Through the Finance Act 2005, this facility has also been made available to existing
o nt entures n n a he entra o ernment s a so em owere to n u e an other
ass or ategor o ersons as e g b e or the benefit o an a an e ru ng n er the
customs law, the Central Government has allowed a ‘resident public limited company’ to
be eligible for an advance ruling. The Central Government has also allowed a ‘resident
public limited company’ to apply for advance ruling under central excise and service tax
law in relation to a proposed new line of business.
urther the efin t on o a t t has a so been e an e un er the ustoms an e se

aw to enab e the e st ng m orter e orter or manu a turer as the ase ma be to
seek advance ruling for a proposed new line of business. In addition, an advance ruling
can now be sought on the issue of admissibility of credit of service tax paid or deemed
to have been paid on ‘input services’ used in or in relation to manufacture of excisable
goods. Earlier, it was only limited to the ‘inputs’ used in or in relation to manufacture of
excisable goods.
India
roperty taxes
Municipal tax on a property is levied on the basis of the municipal law prevalent in each
city. The rate of tax levied varies from city to city in India, and is generally related to the
prevailing market prices for property in each locality.
Trans er taxes
o uments e en ng trans er o shares ha e to be stam e un er the n an tam
Act. Transfer of other movable property is chargeable to stamp duty under the respective
tate ts or un er the n an tam t n ase a state has not asse ts own tam
Act. See the discussion under Stamp duties below.
Immovable property or rights in it can be transferred by way of sale, lease, licence, or

easement a e o mmo ab e ro ert re u res a on e an e ee on wh h stam ut
is payable, and must be registered with the Registrar of Assurances of the state under
the Registration Act 1908. A lease agreement also needs to be stamped and registered
om u sor en e s efine n se t on o the n an asements t as
a grant of a right to do something in or upon the property that would be unlawful
but for such grant, which is not an easement or interest in the property. Easement is
efine n se t on o the as the r ght g en to an o u er o a an to ont nue
en o ment o wh h one an o or re ent someth ng rom be ng one on an that s
not one’s own. An easement agreement also needs to be registered. Other non-tax laws
governing transfers of immovable property include the Transfer of Property Act, 1882
and the Benami Transactions Prohibition Act. The last-mentioned Act prohibits, on pain
o onfis at on the ur hase an reg strat on o ro ert n the names o ersons who
are not the true benefi a owners wh h has been use as a wa o h ng un s ose
wealth. There are also some state-level Acts (e.g. the Maharashtra Ownership Flats Act).
Stamp duties
In India, stamp duty is charged on certain documents (not the transaction). No
document that has not been duly stamped can be introduced as evidence in any court
proceedings. However, this does not affect the legality of transactions. Improperly
stam e o uments an be m oun e b an ub o fi er he omba tam t
a so ro es or m r sonment an fine or e e ut ng m ro er stam e o uments
The Registrar of Assurances can also refuse to register any document that the Registrar
ee s s m ro er stam e tam ut s harge at both entra an state e e s tate
level stamp duties vary from state to state, and on document type.
he n an tam t a es to the who e o n a e e t to those states that

ha e ena te the r own ts states ha e so ar ena te the r own stam aw ammu
an ashm r aharashtra u arat a asthan arnataka an era a wh e some
states ha e a o te he u e o the n an tam t w th or w thout mo fi at on
Even in states that have enacted their own Acts, stamp duty on certain instruments of
commercial character, such as transfer of shares, is always leviable under the Indian
tam t be ause un er the onst tut on o n a ut on erta n nstruments an
only be levied by the Union of India, whereas, in respect of all other instruments or
documents, either the state or the Union can levy duty.
An important source of revenue for state governments is the stamp duty charged on
transfer of immovable properties, where rates are prescribed by each state in respect
o trans er o ro ert w th n the r ur s t on he stam aws o not efine what
mmo ab e ro ert s the efin t on s m orte e ther rom se t on o the rans er
of Property Act, 1882, or from the General Clauses Act, 1897. Payment of stamp duty is
mandatory for immovable property transfers, whereas for other transactions involving
movable assets other than actionable claims, stamp duty is not payable if there is
delivery of possession without executing a conveyance.
u ers o new onstru te ro ert es are a so re u re to a ser e ta an

calculated as percentages of the total consideration, and are obligated to withhold tax

India
rom the se er he umu at e ash ow m a t o these three ta re u rements n

addition to stamp duty and registration charges, have greatly increased transaction costs
of buying or selling immovable property in India.
i idend distribution tax T

Indian companies distributing or declaring dividends are liable to pay DDT at 15% (plus
surcharge [12%], education cess, and secondary and higher education cess [3%]). This
rate is required to be grossed up; consequently, the effective rate of DDT is 20.36%. This
tax is payable on declaration, distribution, or payment, whichever is earlier, and it is in
a t on to the a ab e on bus ness rofits en n ome on wh h s a
by the Indian company is exempt from tax in the hands of the recipient. However, non-
corporate resident taxpayers earning more than INR 1 million of dividend are to pay tax
at 10% (plus applicable surcharge and education cess) on the dividend income earned
over and above INR 1 million in addition to the DDT paid by the company
A holding company does not have to pay DDT on dividends paid to its shareholders to
the extent that it has received dividends from its Indian or foreign subsidiary company
on wh h has been a b the res e t e subs ar sub e t to u fi ment o erta n
on t ons owe er the benefit w not be a a ab e the ho ng om an s tse a
subsidiary of another company. I
Se urities transa tion tax STT

sa ab e to transa t ons n o ng the ur hase sa e o e u t shares
derivatives, units of equity-oriented funds through a recognised stock exchange, or the
ur hase sa e o a un t o an e u t or ente un to an mutua un he e ab e
in respect of such transactions varies for each kind of instrument, whether delivery
base or non e er base ate o ar es rom to e en ng u on
the nature of securities.
Wealt tax
om an es are ab e to a wea th ta assesse at o the a ue o s e fie net
assets the a ue o net wea th e ee s m on a uat on o assets s n terms o
s e fi ru es not fie b the go ernment he term net wea th broa re resents the
excess of the value of certain assets over debts.
ote that wea th ta s not a ab e w th e e t rom ta ear
ayroll taxes and so ial se urity payments

Contributions representing 8.33% of the employees’ pay needs to be remitted by the
employer to the Employees’ Pension Fund in respect of all Indian nationals working
in an establishment covered under the Employees’ Provident Fund and Miscellaneous
Provisions Act, 1952, within 15 days of the close of every month. A ‘foreign worker’
holding a passport of a country with which India has signed a social security agreement
s re u re to ontr bute to the so a se ur t s stem o one s sa ar s m ar
12% of salary is contributed by resident employees’ for the Employees’ Provident Fund
and Employees’ Pension Fund. However, foreign workers can detach themselves from
the s heme un er a s e a ro s on on obta n ng a eta hment o erage ert fi ate
issued by an appropriate social security institution indicating the period of employment
in India being less than the maximum period of detachment agreed in the agreement.
Bran in ome
Branches of foreign companies are taxed on income that is received in India, or which
accrues or arises in India, at the rates applicable to foreign companies. There is no
w thho ng ta on rem ttan e o rofits b the bran h to ts hea o fi e
India
n ome determination
n ome omputation and dis losure standards S
he has not fie ten to be o owe b a ta a ers that o ow the
mercantile system of accounting for the purpose of computation of income chargeable
to n ome ta un er the hea rofits an ga ns o bus ness or ro ess on or n ome
from other sources’ and not for the purpose of maintenance of books of accounts. In
ase o on t between the ro s ons o the n an n ome ta t an the the
provisions of the Act shall prevail to that extent.
n entory aluation
Inventories are generally valued at cost or net realisable value, whichever is lower.
enera there s on orm t between book an ta re ort ng he first n first out
(FIFO) and weighted average cost methods are acceptable, provided that they are
consistently applied.
apital gains
Capital gains refer to the gains made on the transfer of a capital asset. Transfer includes
sale, exchange, relinquishment, or extinguishment of rights in an asset. Capital assets
are either short-term capital assets or long-term capital assets. Long-term capital gains
are eligible for a concessional rate of tax and indexation of cost of purchase and cost of
improvement (discussed below).
hort term a ta assets are a ta assets he or a er o o not more than months

n ase o ste shares ste se ur t es or un ts o s e fie mutua un s or ero
coupon bonds, the short-term holding period is not more than 12 months and in case of
unlisted shares is not more than 24 months. Capital assets that do not qualify as short-
term capital assets are considered as long-term capital assets.
Normally, long-term capital gains are determined after increasing the cost by a
res r be mu t er that ar es w th the er o o ho ng to a ust or n at on
In case of non-residents, capital gains on transfer of shares or debentures in Indian
companies are computed in the foreign currency in which the shares or debentures were
acquired, and the capital gains are then reconverted into Indian currency to compute the
tax liability thereon.
Capital gains are taxed as follows:
• Long-term capital gains on the transfer of listed shares in a company, or units of an

e u t or ente un that ha e been sub e te to are e em t rom ta at on
• ther ong term a ta ga ns are sub e t to ta at on at us the sur harge
education cess, and secondary and higher secondary education cess). However,
ong term a ta ga ns ar s ng rom the trans er o ste se ur t es un ts or ero
ou on bon s on wh h s not a are ta e at w thout a ust ng the
ost or n at on or at a ter a ust ng the ost or n at on wh he er s
more benefi a to the ta a er hese rates e u e sur harge e u at on ess an
secondary and higher education cess.
• Long-term capital gains arising to a non-resident (not being a company) or a foreign
company from transfer of unlisted securities, shares, debentures, etc. are taxable at
10% (plus surcharge, education cess, and secondary and higher secondary education
ess w thout an n e at on benefit
• hort term a ta ga ns on the trans er o ste shares n a om an or un ts o
an e u t or ente un that are sub e t to are ta e at us sur harge
education cess, and secondary and higher education cess).
• ther short term a ta ga ns are sub e t to ta at on at the norma rates
• n the ase o erta n o erseas finan a organ sat ons e g o shore un s an
foreign institutional investors), long-term capital gains arising on the transfer of units

India
purchased in foreign currency are taxable at 10% (plus surcharge, education cess,
and secondary and higher education cess) on the gross amount.
• Long-term capital gains earned by non-residents on the transfer of bonds relating
to Indian companies (issued abroad in accordance with government guidelines
or approved schemes and acquired in foreign currency) are taxable at 10% (plus
surcharge, education cess, and secondary and higher education cess) on the gross
amount of gains.
The rules of carryforward and offset of loss for capital gains are as follows:
• Capital losses arising from the transfer of a short-term capital asset can be offset
against capital gains arising from any other asset in the same tax year.
• Capital losses arising from the transfer of a long-term capital asset can be offset only
against capital gains arising from the transfer of any other long-term capital asset.
• Capital losses that cannot be offset in the tax year in which they are incurred can be
carried forward and offset against future capital gains at any time within a period of
eight years after the year of loss.
• When depreciable assets forming part of a block of assets for tax purposes are
transferred, as a result of which the value of the block becomes negative, or all the
assets forming part of the block ceases to exist, the difference between the transfer I
price and the value of the block is treated as short-term capital gains.
Taxability o s ares re ei ed by way o trans er at less t an air market

alue o s ares
here a artnersh firm or a ose he un ste om an re e es shares o another
closely held company for no consideration or at a price that is lower than the fair market
value of the shares, then the difference will be deemed to be the income of the recipient-
company. The ‘fair market value’ is computed according to the formula prescribed under
the Income-tax Rules.
i idend in ome
Dividend income received from Indian companies is not taxable in the hands of all
shareholders. This applies to resident as well as non-resident shareholders. However, the
recent Budget introduced tax at the rate of 10% on income earned by way of dividend in
e ess o m on b an n ua n u n e am or a firm that s
resident in India.
n ome re e e b o erseas finan a organ sat ons o shore un s rom un ts o

s e fie mutua un s or rom the n t rust o n a that are ur hase n ore gn
currency is taxable at 10% on the gross amount of income. Dividends (other than those
received from Indian companies) are taxable at 20% on the gross amount.
n ome re e e rom un ts o s e fie mutua un s s not ta ab e n the han s o the

recipient. The distributing mutual fund is liable to pay a distribution tax of 25% or 30%
(plus surcharge, education cess, and secondary and higher education cess). The above
tax is not chargeable in respect of income distributed by an equity-oriented fund in
respect of distribution under such scheme.
to k en s bonus shares str bute are not ta e at the t me o re e t n the

hands of the recipient shareholders, but capital gains provisions are applicable to the
sale of these stock dividends.
Buyba k o s ares
An additional tax is payable on transactions involving buyback of shares by unlisted
companies from its shareholders. A tax at 20% is payable by the company on the
difference of consideration paid on buyback and the issue price of shares. The buyback
consideration received will be tax exempt in the hands of the receiver. No tax credit will
be allowed in case of such taxes paid either to the company or to the shareholder.

India
nterest in ome
Interest income received by an Indian company is taxable at normal CIT rates. Interest
income received by a foreign company is taxed at a concessional rate of withholding at
sub e t to on t ons
artners ip in ome
artnersh firm an an are ta e as se arate ega ent t es he share o n ome
o artners rom a artnersh firm or an s e em t rom ta artnersh s an s
are taxed at 30% (plus surcharge, education cess, and secondary and higher education
cess).
The interest payment to partners on capital or current account is allowed as tax

deductible expenditure. However, the maximum interest rate allowable for tax purposes
is 12% per annum. A working partner can be paid salary, bonus, commission, or
remuneration. The maximum permissible deduction in respect of remuneration payable
o e t e to a work ng artners s base on the book rofit o the firm at s ab rates
or erent e e s o book rofit

rn es or ass fi at on o ore gn e hange ga ns or osses are as o ows
• rofit oss s ons ere to be tra ng rofit oss ore gn urren s he on

revenue account, as trading assets, or as a part of circulating capital invested in the
business.
• rofit oss s ons ere to be o a a ta nature a ore gn urren oan s taken or
a a ta asset or fi e asset
oreign in ome
An Indian company is taxed on its worldwide income. A foreign company is taxed only
on income that is received in India, or that accrues or arises, or is deemed to accrue or
ar se n n a h s n ome s sub e t to an a ourab e ta treat ro s ons or ng
to the urrent ta aw a ments or a ow ng trans err ng the r ght to use so tware
ustom se ata or transm ss on o an s gna b sate te ab e o t fibre or s m ar
technology are taxable as royalty income deemed to accrue or arise in India, whether or
not the location of such right or property is in India. The CBDT has released draft rules
for granting foreign tax credit to resident taxpayers in respect of taxes paid in overseas
countries. The rules lay down broad principles and conditions for computation and
claim of foreign tax credit, respectively.
Double taxation of foreign income for residents is avoided through treaties that
generally provide for the deduction of the lower of foreign tax or Indian tax on the
oub ta e n ome rom ta a ab e n n a m ar re e s a owe un atera
where no treaty exists, in which case a resident would be taxed under the Indian tax law
but would be allowed a deduction from the Indian income tax payable of a sum being
the lower of the Indian tax rate on the doubly taxed income or the rate of tax prevailing
in the other country in which income is already taxed.
edu tions
Expenses that are revenue in nature are, by and large, allowed as a deduction to
businesses and professionals if they are:
• incurred wholly and exclusively for the purpose of the business or profession
• not in the nature of a personal expense, and
• not in the nature of a capital expense.

India
epre iation
Depreciable assets are grouped in blocks, and each block is eligible for depreciation at a
prescribed rate, which is summarised as follows:
Block Rate (%)

Residential building 5
ffice b ilding 10
rnit re and fittings 10
Plant and machinery 15 to 100
Computers 60
Intangible assets 25
Where the asset is used for less than 180 days in a tax year, the depreciation is restricted
to 50% of the prescribed rate. If money receivable on the transfer of a depreciable asset
exceeds the opening written-down value plus acquisitions of assets falling within the
block concerned, the excess is taxed as a short-term capital gain at the same tax rate as
that applicable to business income.
I
Additional depreciation of 20% on the cost of new plant and machinery (other than
sh s or a r ra t s a owab e n the ear o omm ss on ng or manu a ture h s benefit
s e ten e to ower generat ng transm ss on or str but ng bus ness so the benefit
of initial depreciation to companies engaged in transmission of power will be available
rom ta ear ower generat ng or ower str but ng om an es ha e the
option to either apply the reducing-balance method provided under the normal schedule
or to charge depreciation on a straight-line basis. The straight-line rates are aligned with
power companies’ book depreciation rates.
Know-how, patents, licences, franchises, and similar intangible assets can form part of a
block of depreciable assets, provided they are owned and put to use in the course of their
business and are eligible for depreciation at the prescribed rate, which is 25%.
Additional depreciation of 35% (as against the current rate of 20%) has been made
available on new plant and machinery acquired and installed during 1 April 2015 to 31
March 2020, in the year of installation in the states of Andhra Pradesh, Bihar, Telangana,
and West Bengal. In line with the existing provisions, such incentive is not available to
s e fie assets su h as o fi e a an es om uter so tware et
Tax depreciation is not required to conform to book depreciation. However, an

ount ng tan ar man ates om an es to re on e both an ro e or e erre ta
assets, liabilities, expenses, and incomes.
Investment allowance
n n estment a owan e benefit s a owe or om an es engage n the bus ness o
manufacture of articles or things. Taxpayers who have acquired and installed new plant
an ma h ner ur ng an finan a ear e ee ng m on an a a o an
allowance of 15% of the actual cost of investment made in plant and machinery. Further,
the a u s t on o the ant an ma h ner an be ma e n an finan a ear ro e
the nsta at on s ma e be ore ar h n or er to a a the benefit o n estment
allowance of 15%. In case installation of the new asset is in a year other than the year of
acquisition, then the investment allowance shall be allowed in the year in which the new
asset s a tua nsta e h s sha be e e t e rom the ta ear to
he assets ha e to be he or more than fi e ears an the asset s so be ore th s
er o the n estment benefit a me w be re erse n the ear o sa e he m n mum
limit of INR 250 million has been relaxed for investment in plant and machinery in the
states of Andhra Pradesh, Bihar, Telangana, and West Bengal.

India
Investment in new plant and machinery will not include assets like plant or machinery
use ear er n or outs e n a an ant or ma h ner nsta e n an o fi e rem ses
or n res ent a a ommo at on or guest house an o fi e a an es n u ng
computers or computer software), vehicle, ship, or aircraft, the cost of which has been
allowed as a deduction under any other provision.
oodwill
ase on an n an u reme ourt e s on goo w an ommer a bran e u t
that are acquired in the course of amalgamation are intangible assets entitled to
depreciation.
Start up expenses
Certain expenses are incurred by taxpayers either before the start-up of a business or
after start-up of business, in connection with extension of the industrial undertaking, or
n onne t on w th sett ng u a new un t ne fi th o su h e en ture s a owe as a
e u t on ea h ear o er a er o o fi e ears
Tax framework for start-ups in India

With a view to providing an impetus to start-ups and to facilitate their growth in the
n t a hase o the r bus ness a e u t on o o the rofits an ga ns er e b
an eligible start-up from a business involving innovation development, deployment, or
commercialisation of new products, processes, or services driven by technology or IP
will be available.
he benefit o e u t on o the rofits er e rom su h bus ness sha be

a a ab e or a er o o three onse ut e ears out o fi e ears beg nn ng rom the ear
the start-up is incorporated.
‘Eligible start-up’ means a company or an LLP engaged in the business mentioned above
an wh h u fi s the o ow ng on t ons name
• it is incorporated on or after 1 April 2016 but before 1 April 2019

• the total turnover of its business does not exceed INR 250 million in any of the
previous years beginning on or after 1 April 2016 and ending on 31 March 2021, and
• t ho s a ert fi ate o e g b e bus ness rom the nter n ster a oar o
ert fi at on as not fie n the fi a a ette b the entra o ernment
Reduced rate of tax for newly set-up companies

o ro e re e to new set u n an om an es a benefi a rate o us
a ab e sur harge an e u at on ess has been announ e w th e e t rom
h s benefi a rate s at the o t on o the om an an s a ab e on
satisfaction of the following conditions, cumulatively:
i. The company is registered and set-up on or after 1 March 2016.

ii. The company is engaged in the business of manufacture or production of any article
or thing and is not engaged in any other business.
iii. he om an has not a me a benefit or estab sh ng ts un t n an benefit
o a e erate e re at on or benefit o a t ona e re at on n estment
a owan es e en ture on s ent fi resear h an an e u t on n res e t o
certain income.
iv. The company has not claimed set-off of loss carried forward from any earlier
assessment years, provided such loss is attributable to the deductions referred in
(iii) above.
v. he o t on o seek ng the benefit o a re u e rate o s urn she n the
prescribed manner before the due date of furnishing of income.
For companies other than Indian companies, the rate of CIT (plus applicable surcharge
and education cess) shall remain unchanged.

India
nterest expenses
Any interest paid by a taxpayer on capital borrowed for the purposes of the taxpayer’s
business or profession is tax-deductible without any limit. However, if such interest is
paid to certain related persons, then, to the extent the interest payment is considered
e ess e or unreasonab e the ta o fi er s em owere to sa ow the e u t on
the capital is borrowed for acquiring a capital asset, then interest liability pertaining to
the period until the time the asset is put to use cannot be allowed as a tax-deductible
expense and will have to be added back to the cost of such asset. See Expenses allowable
on actual payment basis below.
Bad debts
The amount of any bad debt, or part thereof, that has been written off as irrecoverable in
the accounts of the taxpayer for the year is allowed as a tax-deductible write-off. If any
part of the sum written off is subsequently recovered, the recovered sum is taxable in the
year of recovery.
Any charitable contribution made by a company to any charity is allowed as a tax-
e u t b e e ense sub e t to erta n on t ons he ta e u t b t ranges rom
to 100% of the charitable contribution, depending upon the nature of charity. I
Expenditure in urred on orporate so ial responsibility S a ti ities

en ture n urre b a ta a er on a t t es man ate un er the om an es
Act, 2013 is not allowed as a deduction for tax purposes under the Income Tax Act.
Expenses allowable on a tual payment basis

Certain expenses, such as, but not limited to, employees’ provident fund dues (i.e.
ret rement benefit un s bonus to em o ees an nterest a ab e to finan a
institutions and banks, are allowed as tax deductible expenses only on actual payment.
Tax disallowances are attracted if certain payments are delayed beyond their due dates
under the respective laws.
Bribes, ki kba ks, illegal payments

Expenditure incurred by a taxpayer that is illegal is deemed not to have been incurred
for the purposes of the business or profession, and no deduction of such expenditure will
be allowed.
ines and penalties

Under the tax law, there are various procedural compliances (viz., audit of books of
accounts, submission of tax returns, disclosure of particulars of income, etc.) that
need to be complied with by taxpayers by the respective due dates prescribed therein.
on om an e e a e om an es o these ro e ures attra t nterest an ena
consequences. There are prosecution provisions as well for certain offences. Penalties
an fines a or n ra t on o or non om an e w th an aw are not e u t b e
as business expenditure. Prosecution proceedings are criminal proceedings, and, in
such proceedings, courts presume a culpable mental state on the taxpayer’s part. The
burden of proving beyond all reasonable doubt (and not merely by preponderance of
probability) the absence of such a state is on the taxpayer.
Taxes
All taxes (tax, duty, cess, or fees by whatever name called) relating to business (other
than income tax and wealth tax) incurred during the tax year are usually deductible only
in the year of payment.
et operating losses
Losses can be carried forward and offset against income from subsequent year(s) for
periods set out in the following table:

India
Types of losses Time limit

Unabsorbed depreciation Perpetually
Other business losses (other than speculation business losses) 8 years
Speculation business losses 4 years
Capital losses 8 years
There are no provisions in India for carrying losses back to earlier years.

Indian companies can claim deduction for payments on account of royalties, and for
nterest an ees or te hn a or management ser e ro e b ore gn a fi ates
as ong as the are not a ta n nature u h a ments are e u t b e n the ear the
requisite WHT is paid into the government treasury.
roup taxation
Group taxation is not permitted under the Indian tax law.
Trans er pri ing
Transfer pricing on international transactions

The Indian transfer pricing regulations (ITPR) stipulate that income arising from
‘international transactions’ between ‘associated enterprises’ should be computed having
regard to the ‘arm’s-length price’. Furthermore, any allowance for expenses or interest
arising from any international transaction is also to be determined having regard to
the arm’s-length price. The expressions ‘international transactions’ and ‘associated
enter r ses ha e been efine n the
The ITPR also contain the concept of ‘deemed international transaction’ whereby a
transaction between an enterprise and a third party (whether based in India or overseas)
wou be sub e te to trans er r ng regu at ons n ase there e sts a r or agreement
in relation to such a transaction between the third party and the associated enterprise
of the transacting enterprise or if the terms of such a transaction are determined in
substance between the third party and the associated enterprise of the transacting
enterprise.
he a so efine a erta n ass o transa t ons un ertaken b a ta a er w th ts

omest re ate art es an whose aggregate a ue e ee s m on as s e fie
domestic transactions to which the transfer pricing provisions apply.
n t a the res r be fi e metho s or om utat on o arm s ength r e hese

are broadly in line with OECD Guidelines. A sixth method, termed as the ‘other method’,
was not fie n a a ers are re u re to a o t the most a ro r ate metho or
determining the arm’s-length price.
Taxpayers are also required to maintain a comprehensive set of prescribed information

an o uments re at ng to nternat ona transa t ons an s e fie omest transa t ons
that are undertaken between associated enterprises, on an annual basis, within the
res r be t me nes ue ate o fi ng the n ome ta return urther ta a ers are
required to obtain an Accountant’s Report from an independent accountant certifying
the nature an amount o nternat ona transa t ons he ert fi ate nee s to be fi e
along with the income tax return. The burden of proving the arm’s-length character of
the transaction is primarily on the taxpayer.
The taxpayer is required to comply with the above requirements on an annual basis.

India
The ITPR adopt an arithmetic mean of comparable prices as the arm’s-length price, with
a e b t o e at on rom the er entage that s not fie b the entra o ernment
as or who esa ers an or others he has a so res r be ru es or
use of range for determining arm’s-length price, which is discussed subsequently. Where
the trans er r ng o fi er s o the o n on that the arm s ength r e was not a e
the o fi er ma re om ute the ta ab e n ome a ter g ng the ta a er an o ortun t
to be hear tr ngent ena t es are res r be n ases o a ure to om w th the
provisions of the ITPR.
Noti ed urisdictional Area (N A)

he n an go ernment s em owere to e are a ountr terr tor w th wh h there
does not exist an effective mechanism for exchange of information as an NJA.
Any transaction between a taxpayer and a person located in an NJA or a transaction

entered into by a taxpayer wherein one of the parties is located in an NJA will be covered
un er the owe er the benefit o the range an the o t on to be o ere
un er the a e arbour u es wou not be a a ab e n th s ase
Safe Harbour Rules

a e arbour u es were not fie n hese ru es res r be who the e g b e I
taxpayers are, which are the eligible international transactions, the target operating
margin, procedural aspects, timeline for audit, etc.
he a e arbour u es are n t a a ab e or a ma mum o fi e ta ears

beg nn ng w th ta ear
here a ta a er has o te to be o ere un er the a e arbour u es an the trans er

price declared has been accepted by the tax authorities, then such a taxpayer cannot
invoke proceedings under a Mutual Agreement Procedure (MAP).
Advance pricing agreements (APAs)

An APA is an arrangement between the taxpayer and the tax authorities covering
transactions, with a view to pre-empt potential transfer pricing disputes. The CBDT has
not fie eta e ru es ro ng the ro e ures an ne essar orms or a at on
administration of APAs.
The rules provide for constitution of an APA team, which shall consist of an income tax
author t an e erts rom e onom s stat st s aw an other ne essar fie s s
can be applied to existing, as well as proposed, transactions.
he ru es ha e ro e or both un atera an b atera mu t atera s n ases

where a bilateral APA negotiated between competent authorities is not acceptable to the
taxpayer, the taxpayer may, at its option, continue with the process of entering into a
un atera w thout benefit o a
The salient features of the procedure laid down for APAs are application for APA,
withdrawal of APA, defective application, procedure, compliances post-APA,
cancellations of APA, and revisions and renewal of APA.
he eg s at on has ro s ons o ro ba k o s or our ears r or to the first ear

covered under the APA.
Rules prescribing the use of ‘range’ and multiple year data

he has not fie the ru es res r b ng the s heme or the usage o the range
on e t an mu t e ear finan a ata or eterm n ng the arm s ength r e hese
ru es are a ab e to nternat ona transa t ons an s e fie omest transa t ons
that are entered into by taxpayers on or after 1 April 2014.

India
The rules envisage the applicability of the ‘range’ concept and multiple year data only
where the arm’s-length price determination is done using either the transactional net
margin method, resale price method, cost plus method, or comparable uncontrolled
price method. Furthermore, the rules in connection with the applicability of the ‘range’
concept, inter alia, prescribe the adequate number of external comparables and the
methodology for computing the upper and lower percentile. In case the number of
e terna om arab es ent fie s not a e uate the range on e t w not a an
the concept of arithmetic mean will continue to apply.
The multiple year data can only be used if the most appropriate method selected of
benchmarking purposes is either transactional net margin method, resale price method,
or cost plus method. Further, multiple year data entails use of data for the year under
ons erat on urrent ear an ata or u to two re e ng finan a ears ata or
the current year is compulsorily to be considered. If the data for the current year is
available and is not comparable on account of either qualitative or quantile reasons, the
comparable cannot be considered.
Country-by-country (CbC) reporting documentation as per PS

The government has now introduced the three-layered transfer pricing documentation
re u rements n ne w th the nternat ona stan ar as er the t on an
a a ers w now be re u re to re are a master fi e o a fi e an b re ort
he new reg me w be a ab e rom he first fi ng w be ue b
November 2017. The CbC report will be applicable only for taxpayers having an annual
consolidated group turnover of over 750 million euros (EUR) in the immediately
re e ng finan a ear e
For Indian subsidiaries with parent companies resident outside India, the CbC report
w or nar be fi e b the arent ent t n the r home ountr or b a es gnate
entity in its home country. The Indian tax authorities will access the CbC report through
mutual exchange of information agreements with such country, failing which the Indian
subs ar w be re u re to urn sh the re ort gn fi ant ena t ro s ons w be
attracted for non-compliance and furnishing inaccurate information.
T in apitalisation
No prescribed debt-to-equity ratios or thin capitalisation rules exist under Indian
taxation law. However, interest paid to related parties at rates or on terms that are
ons ere unreasonab h gh are sa owab e b the ta o fi er

n a urrent has no ru es so there w be no n an ta on ore gn rofits that
remain unremitted from offshore subsidiaries.

Tax incentive provisions normally have conditions applicable for the period within
which the preferred activity should be undertaken and the period for which the tax
n ent e s a a ab e t ma a so be ne essar to u fi erta n other on t ons su h as
‘forming’ of a ‘new’ undertaking.
eal Estate n estment Trusts E Ts n rastru ture n estment

Trusts n Ts
he e ur t es an hange oar o n a has ena te regu at ons re at ng to
two categories of investment vehicles, namely REITs and InvITs.
Pass-through status is provided to REITs in respect of income earned from renting,

leasing, or letting out any real estate asset owned directly by the REITs. Thus, rental
income is exempt in the hands of REITs. On distribution of rental income, REITs are not

India
required to withhold taxes. Tax is not required to be withheld by the tenants on payment
of rent to the REITs.
he nterest a b s e a ur ose eh es s to bus ness trusts s s ta ab e

at the investor level (as against the BT itself) when the BT distributes such amounts.
Interest income to non-resident investors is taxable at a lower rate of 5% (plus applicable
surcharge and cess), whereas residents are taxable at the applicable tax rates.
en s str bute b s to the s are e em t rom e o n the han s

o the u h en s are a so e em t n the han s o s an n estors
o the e u t shares o the are he b s e e t n ase o shares man ator
he b another ent t as er aw an the en s are str bute out o rofits ma e
a ter the a u s t on o the b s a ta ga ns e g on sa e o shares o s are
taxable in the hands of BTs at the applicable capital gains tax treaty rates. Any other
income (including rental income) is taxable at the maximum marginal rate. Onward
distributions of such income are exempt in the hands of the investors.
rans er o un ts o s through sto k e hanges are ab e to an ga ns earne

by investors on such sale of units are exempt from tax if the units qualify as long-term
capital assets. A lower rate of 15% (plus applicable surcharge and cess) is applicable to I
short-term capital assets. Taxability of capital gains arising to sponsors on exchange of
shares n s w th un ts o s s e erre to the t me o s osa o su h un ts b the
s onsor he a ab t o on ga ns ar s ng rom the swa o shares o the or
units of BT is deferred to the stage when the units are transferred by the BT. No capital
gains tax exemption is available on the swap of other assets with units of BTs.
Tax in enti es or undertakings ot er t an in rastru ture de elopment

undertakings
ew n ustr a un ertak ngs o ate n ba kwar states an str ts not fie as su h
are ent t e to u ta e em t on o rofits or the first three or fi e ears o o erat on
o owe b a art a ta e em t on o o rofits or the ne t fi e ears he st
of ‘backward’ districts has been categorised into category A and category B districts,
depending upon the current level of infrastructure development in those areas. The
n t a ta ho a er o s fi e ears n the ase o ategor str ts an three ears n
the case of category B districts. A similar incentive is also applicable for hotels satisfying
prescribed conditions.
erta n on t ons are met a ta ho a s erm tte on the rofits earne b an

undertaking engaged in any of the following:
• Integrated business of handling, storage, and transportation of food grains.

• e e o ng an bu ng o hous ng ro e t
• ent fi resear h
• ommer a ro u t on or refin ng o m nera o s
• ett ng u an o erat ng a o ha n or agr u tura ro u e
• Processing, preservation, and packaging of fruits or vegetables.
• Operating and maintaining a hospital in a rural area.
he ta ho a er o s range rom fi e to ten ears an the er entage o the rebate

is 30%, 50%, or 100% in initial years and 30% in the later years. The number of years
constituting ‘initial’ and ‘later’ years varies from sector to sector.
Tax in enti es or in rastru ture de elopment undertakings

Enterprises engaged in the business of power generation, transmission, or distribution;
e e o ng or o erat ng an ma nta n ng a not fie n rastru ture a t n ustr a
ark or substant a reno at ng an mo ern s ng the e st ng network o
transm ss on or str but on nes between s e fie er o s or a ng an o erat ng a
cross-country natural gas distribution network are eligible for a tax exemption of 100%

India
o rofits or an ten onse ut e ears a ng w th n the first ears o o erat on

first ears n the ase o n rastru ture ro e ts e e t or orts a r orts n an
waterwa s water su ro e ts an na gat ona hanne s to the sea
An investment-linked deduction will be available to Indian companies or their

consortium engaged in the business of developing or operating and maintaining of a
new infrastructure facility. The taxpayers should have entered into an agreement with
the entra or tate o ernment or o a author t es n res e t o su h a t t es re at ng
to s e fie n rastru ture a t es h s s e e t e rom ta ear onwar s
n e now there are n estment nke e u t ons the rofit nke e u t on a a ab e

for infrastructure facilities have a sunset clause of 31 March 2017 for commencement of
the operations. Thereafter, deduction of 100% of capital expenditure incurred on setting
up of the said infrastructure facility will be available with effect from 1 April 2017.
‘Infrastructure facility’ means roads, including toll roads, bridges, rail systems, highway
ro e ts water su ro e ts water treatment s stems rr gat on ro e ts san tat on
and sewerage systems or solid waste management systems, ports, airports, inland
waterways, inland ports, or navigational channels to the sea.
Tax in enti es or exports

ort rofit rom a new un ertak ng sat s ng res r be on t ons an set u n an
s e g b e or ta e em t on o or the first fi e ears rom the ear n wh h
manu a tur ng ommen es o owe b a art a ta e em t on o or the ne t fi e
ears urther ta e em t on o o the e ort rofit or fi e ears s a so a a ab e
a ter that sub e t to an e ua amount o rofit be ng reta ne an trans erre to a
special reserve in the books of account.
Tax in enti es or units in t e ort Eastern egion o ndia

Measures are in place to facilitate the development of the North Eastern Region of
n a an o the state o kk m n ertak ngs o ate n these states that beg n to
manufacture or produce any eligible article, (ii) undertake substantial expansion, or (iii)
commence an eligible business between 1 April 2007 and 1 April 2017 are eligible for a
e u t on o rofits or ten onse ut e ears
A list of eligible businesses has been provided by the Indian government. The eligible
businesses include hotels (not below two-star category), adventure and leisure sports
including ropeways, the provision of medical and health services in nursing homes
with a minimum capacity of 25 beds, operating a vocational training institute for hotel
management, catering and food crafts, entrepreneurship development, nursing and
para-medical training, civil aviation related training, fashion design and industrial
training, running an information technology-related training centre, manufacturing of
information technology hardware, and bio-technology. Businesses other than the above-
listed eligible businesses are not entitled to claim the tax holiday.
Tax in enti es or otels on ention entres lo ated in spe ified

distri ts
ote s o ate n a s e fie str t ha ng a or er tage te that are onstru te
and that have started functioning at any time during the period 1 April 2008 to 31 March
are e g b e or a ta ho a or a er o o fi e ears
Tax in enti es or ertain in ome relating to o s ore banking units

and international finan ial ser i es entres
A scheduled bank, or any bank incorporated by or under the laws of a country outside
n a that has an o shore bank ng un t n an or an nternat ona finan a ser es
entre w th a s e fie n ome that s sub e t to res r be on t ons s e g b e or a ta
e em t on o o the s e fie n ome or fi e onse ut e ears beg nn ng rom

India
the year in which the permission under the Indian Banking Regulation Act, 1949 was
obta ne an o o the s e fie n ome or fi e onse ut e ears
o en ourage the o at on o o shore un managers n n a a s e fi reg me has been

laid down. In the case of an eligible investment fund, fund management activity carried
out through an eligible fund manager acting on behalf of such fund will not constitute a
business connection in India. An eligible investment fund will not be treated as resident
in India merely because the eligible fund manager undertakes fund management
activities in India. Offshore funds and fund managers are required to satisfy certain
conditions to be eligible for the regime. The conditions are not applicable to funds set up
by the government of a foreign state or the Central Bank of a foreign state, a sovereign
un or su h other un s as ma be not fie b the go ernment o n a an sub e t to
u fi ment o on t ons as ma be s e fie urther the s e a reg me sha be a e
in accordance with guidelines and in such manner as the administrative board may
prescribe.
Tax in enti e or iring new workmen

th a ew to en ourag ng generat on o em o ment the benefit o e u t on on
h r ng o new workmen has been e ten e to a ta a ers who are sub e te to ta
audit, instead of the earlier provision, which was applicable only to manufacturing units. I
urther to enab e sma er un ts to a m th s e u t on the benefit has been e ten e to
units employing 50 regular workmen.
To increase employment generation incentive to taxpayers across all sectors (who are
sub e t to ta au t where emo uments a to an em o ee are ess than or e ua to
INR 25,000 per month, the taxpayer will be eligible for deduction of 30% of additional
wages paid to new regular workmen in a factory for a period of three years wherein
the workmen are em o e or not ess than a s n a ear he benefits o th s
n ent e wou a so be a a ab e n the first ear o bus ness on emo uments a
to all employees. However, no deduction shall be allowed in respect of cost incurred
on employees for whom the Government has paid the entire contribution under the
m o ees ens on heme an or em o ees who o not art ate n a re ogn se
ro ent un h s w be e e t e rom ta ear onwar s
mortisation o ost o spe trum ee or Tele om operators

There was no clarity as to whether spectrum fees paid for by a telecom service provider
would be covered within the scope of amortisation provisions, or would be eligible
for depreciation claim at the rate of 25%, treating the spectrum fees as an intangible
asset he go ernment has now ar fie b nsert ng a new ro s on that t w a ow
amortisation of capital expenditure incurred and actually paid by the taxpayer for
acquiring the right to use spectrum for telecommunication services, in equal instalments
over the period of useful life of the spectrum licence. This will be effective from tax year
onwar s
atent Box egime

n or er to en ourage om an es to o ate h gh a ue obs asso ate w th the
development, manufacture, and exploitation of patents in India, the government has
introduced a concessional taxation regime for income from patents. Accordingly, income
by way of royalty in respect of a patent developed and registered in India earned by an
e g b e ta a er sha be sub e t to ta at the rate o us sur harge an ess on a
gross basis.
n e g b e ta a er means a erson res ent n n a who s the true an first n entor

of the invention, and whose name is entered on the patent register as the patentee.
hsw be a ab e rom the ta ear

India
Tax in enti e o apital expenditure on ertain spe ified businesses

a ta e en ture s a owe at u to ar h n res e t o the
o ow ng s e fie bus nesses
• ett ng u an o erat ng o ha n a t es
• ett ng u an o erat ng warehous ng a t es or storage o agr u ture ro u e
• ett ng u an o erat ng an n an onta ner e ot re ght stat on or warehous ng
facility for storage of sugar, beekeeping, and honey and beeswax production.
• Laying and operating a cross-country natural gas or crude or petroleum oil pipeline
network for distribution, including storage facilities being an integral part of such a
network.
• Building and operating a hotel of two-star or above category in India.
• Building and operating a hospital with at least 100 beds.
• e e o ng an bu ng a hous ng ro e t un er a s heme or s um re e e o ment
or rehabilitation framed by the government.
• e e o ng an bu ng s e fie hous ng ro e ts un er an a or ab e s heme o
the entra state go ernment
• Investing in a new plant or newly installed capacity in an existing plant for production
of fertiliser.
n ase o erta n s e fie bus nesses ommen ng o erat ons on or a ter r

such as cold chain facility, warehousing for agriculture produce, hospital with at least
be s not fie a or ab e hous ng ro e ts an ro u t on o ert ser the e u t on
is 150% of the capital expenditure incurred on or after 1 April 2012.
The following characteristics and conditions may be noted:
• Any sum received or receivable in cash or in kind on transfer, etc. of the capital asset
shall be considered as business income if expenditure on such an asset has been
allowed as a deduction under this section.
• n oss om ute n res e t o the abo e s e fie bus nesses sha be a owe to
be o set or arr e orwar an o set on aga nst the rofits an ga ns o s e fie
businesses.
• he s e fie bus ness shou
• not be set up by splitting up or reconstruction of a business already in existence
• not be set up by transfer of used machinery or plant exceeding 20% of the total
value of the machinery or plant used in such business, and
• have been approved by the prescribed authority (i.e. the government).
esear and de elopment expenditure

we ghte e u t on o an o e en ture s a a ab e u to ar h
n res e t o e en ture n urre on s ent fi resear h n an n house a t
a ro e b the res r be author t or om an es engage n s e fie bus nesses an
n resear h asso at ons un ers t es et res e t e u h we ghte e u t on w
be restr te to o the e en ture rom ta ear to ta ear
Thereafter, deduction will be restricted to 100% of the expenditure.
A payment made to an approved research association undertaking research in the social

s en es or n stat st a resear h or to an n an om an to be use b t or s ent fi
research, is eligible for a weighted deduction of 125% of the payment made up to 31
ar h u h e u t on w be restr te to o the e en ture rom ta ear
an onwar s
ontr but ons ma e to an at ona aborator a ro e s ent fi resear h

associations, universities, and the Indian Institute of Technology are eligible for a
e u t on o o the ontr but ons ma e u to ar h u h we ghte
e u t on w be restr te to o the e en ture rom ta ear to ta
ear herea ter e u t on w be restr te to o the e en ture

India
oreign tax redit

i i i i ai s i a s i i i a
credit regime.
Wit olding taxes

There is an obligation on the payer (either resident or non-resident) of income to
w thho ta when erta n s e fie a ments are re te an or a ome o the
expenses that require tax withholding are as follows.
ayments to resident ompanies
Payment threshold for

Nature of payment WHT (INR) (1) WHT rate (%)
ecified t e of interest None 10
on s ecified t e of interest 5,000 (2) 10
Professional or technical service 30,000 10
Commission and brokerage 5,000 5
I
Rent of plant, machinery, or equipment 180,000 2
Rent of land, building, or furniture 180,000 10
Contractual payment (except for individual/HUF) 30,000 (single payment) 2
100,000 (aggregate
payment)
Contractual payment to individual/HUF 30,000 (single payment) 1
100,000 (aggregate
payment)
Royalty or fees for technical services 30,000 10
Deemed dividend 2,500 10
Notes
1. Payments have different threshold limits. The payer is only required to withhold tax if the total
a ment within a ta ear to a single erson e ce t where s ecified otherwise is above the limits
s ecified above.
2. he threshold limit for for non s ecified t e of interest is ,000, e ce t in the case of
interest received from a bank, co o erative societ , or de osit with ost office, for which it is
10,000.
If the Permanent Account Number (PAN) of the deductee is not quoted, the rate of WHT
w be the rate s e fie n re e ant ro s ons o the n ome a t the rates n or e
or the rate of 20%, whichever is higher.
he efin t on o ro a t a so n u es ons erat on or use o or r ght to use om uter

software. Transfer of all or any rights in respect of any right, property, or information
includes transfer of all or any right to use computer software (including granting of
a licence), irrespective of the medium through which such a right is transferred and
irrespective of whether any right or property is located in India. Hence, while applying
on su h a ments n the nature o ro a t one nee s to ons er the efin t on o
royalty as amended by the Budget 2012 with retrospective effect from 1 June 1976.
ayment to non resident ompanies
Nature of payment WHT rate (%)

Interest on foreign currency (subject to conditions) 5
Interest on money borrowed in foreign currency under a loan agreement or by 5
way of long-term infrastructure bonds (or rupee denominated bonds)

India
Nature of payment WHT rate (%)

Interest on investment in long-term infrastructure bonds issued by Indian 5
company (rupee denominated bonds or government security)
on s ecified t e of interest 20
Royalty and technical fees 10
Long-term capital gains other than exempt income 20
Income by way of winning from horse races 30
Other income 40
Notes
• Percentage to be increased by a surcharge, education cess, and secondary and higher education
cess to compute the effective rate of tax withholding.
• ncome from nits of s ecified m t al f nds is e em t from ta in the hands of the nit holders.
• Dividends received from Indian companies are tax-free in the hands of the shareholder.
• Short-term capital gains on transfer of shares of a company or units of an equity-oriented fund would
be taxable at 15% if they have been subjected to STT.
• Long-term capital gains on transfer of shares (through stock exchange) in listed companies or units of
an equity-oriented fund are exempt from tax if they have been subjected to STT.
• There is no threshold for payment to non-resident companies up to which no tax is required to be
withheld.
• f the PA of the ded ctee is not oted, the rate of will be the rate s ecified in relevant
provisions of the Act, the rates in force, or the rate of 20%, whichever is higher. The government is in
the process of notifying the rules, pursuant to which mandatory quoting of PAN will not be required,
subject to certain conditions,
• he a er is obligated to re ort s ecific information in the rescribed form whether or not s ch
payment is chargeable to tax).
E ualisation le y
t on an g ta onom o the s ro e t s usse se era o t ons
to tackle direct tax challenges in the digital environment. Taking cues from this, an
equalisation levy has been introduced, the summary of which is as follows:
• ate o e o the amount o ons erat on or s e fie ser e

• ean ng o s e fie ser e n ne a ert sement an ro s on or g ta
advertising space, or any other facility or service for the purpose of online
a ert sement wh h n u es an other ser e as ma be not fie b the entra
Government in this regard.
• n whom on res ent re e ng ons erat on or s e fie ser es rom
• a person resident in India and carrying on business or profession, or
• a non-resident having a PE in India.
• Exemption from income tax: The income arising to the non-resident from the
s e fie ser e an hargeab e to an e ua sat on e w be e em t rom n ome
tax.
• Due date for deposit: 7th day of the following month.
• on a ab t n s e fie ases ua sat on e w not be harge n the
following cases:
• the non res ent ro ng s e fie ser e has a n n a an the s e fie
service is effectively connected with the PE
• the aggregate consideration received or receivable in the previous year by the non-
resident does not exceed INR 100,000, or
• the a ment or the s e fie ser e b the n an res ent or s not or
conducting business or a profession in India.
Treaty rates
ome ta treat es ro e or ower rates rom erta n t es o n ome as o ows

India
Recipient WHT (%)

Fee for
technical
Dividend (1) Interest Royalty (12) services (12)
Albania 10 10 10 10
Armenia 10 10 10 10
Australia 15 15 10/15 (2) 10/15
Austria 10 10 10 10
Bangladesh 10 (3)/15 10 10 N/A (5)
Belarus 10 (9)/15 10 15 15
Belgium 15 10 (11)/15 10 10
Bhutan 10 10 10 10
Botswana 7.5 (9)/10 10 10 10
Brazil 15 15 25 (15)/15 15
Bulgaria 15 15 15 (7)/20 20
Canada 15 (3)/25 15 10 (2)/15 10 (2)/15
China (People’s Republic of China) 10 10 10 10
Chinese Taipei (Taiwan) reat et to be notified. I
Colombia 5 10 10 10
Croatia 5/15 10 10 10
Cyprus 10 (3)/15 10 15 15
Czech Republic 10 10 10 10
Denmark 15 (9)/25 10 (11)/15 20 20
Egypt N/A (5) N/A (5) N/A (5) N/A (5)
Estonia 10 10 10 10
Ethiopia 7.5 10 10 10
Fiji 5 10 10 10
Finland 10 10 10 10
France 10 (6) 10 (6) 10 (6) 10 (6)
Georgia 10 10 10 10
Germany 10 10 10 10
Greece (14) (14) (14) N/A (5)
Hungary 10 (6) 10 (6) 10 (6) 10 (6)
Iceland 10 10 10 10
Indonesia 10 (9)/15 10 15 N/A (5)
Ireland 10 10 10 10
Israel 10 10 10 10
Italy 15 (3)/25 15 20 20
Japan 10 10 10 10
Jordan 10 10 20 20
Kazakhstan 10 10 10 10
Kenya 15 15 20 17.5
Korea, Republic of 15 (4)/20 10 (13)/15 15 15
Kuwait 10 10 10 10
Kyrgyz Republic 10 10 15 15
Latvia 10 10 10 10
Libya (14) (14) (14) N/A (5)
Lithuania 5 (3)/15 10 10 10
Luxembourg 10 10 10 10
Macedonia 10 10 10 10
Malaysia 5 10 10 10
Malta 10 10 15 10
Mauritius 5 (3)/15 (14) 15 N/A (5)

India
Recipient WHT (%)

Fee for
technical
Dividend (1) Interest Royalty (12) services (12)
Mexico 10 10 10 10
Mongolia 15 15 15 15
Montenegro 5 (9)/15 10 10 10
Morocco 10 10 10 10
Mozambique 7.5 10 10 N/A (5)
Myanmar 5 10 10 N/A (5)
Namibia 10 10 10 10
Nepal 5 (3)/10 10 15 N/A (5)
Netherlands 10 (6) 10 (6) 10 (6) 10 (6)
New Zealand 15 10 10 10
Norway 10 10 10 10
Oman 10 (3)/12.5 10 15 15
Philippines 15 (3)/20 10 (13)/15 15 N/A (5)
Poland 10 10 15 15
Portugal 10 (9)/15 10 10 10
Qatar 5 (3)/10 10 10 10
Romania 10 10 10 10
Russian Federation 10 10 10 10
Saudi Arabia 5 10 10 N/A (5)
Serbia 5 (9)/15 10 10 10
Singapore 10 (9)/15 10 (11)/15 10 10
Slovenia 5 (3)/15 10 10 10
South Africa 10 10 10 10
Spain 15 15 10 (6)/20 20 (6)
Sri Lanka 7.5 10 10 10 (6)
Sudan 10 10 10 10
Sweden 10 (6) 10 (6) 10 (6) 10 (6)
Switzerland 10 10 10 10
Syria 5 (3)/10 10 10 N/A (5)
Tajikistan 5 (3)/10 10 10 N/A (5)
Tanzania 5/10 (3) 10 10 N/A (16)
Thailand 10 10 10 N/A (5)
Trinidad & Tobago 10 10 10 10
Turkey 15 10 (11)/15 15 15
Turkmenistan 10 10 10 10
Uganda 10 10 10 10
Ukraine 10 (9)/15 10 10 10
United Arab Emirates 10 5 (11)/12.5 10 N/A (5)
United Kingdom 10/15 10 (13)/15 10 (2)/15 10 (2)/15
United States 15/25 10 10 10
Uruguay 5 10 10 10
Uzbekistan 10 10 10 10
Vietnam 10 10 10 10
Zambia 5 (10)/15 10 10 10
Notes
1. The treaty tax rates on dividends are not relevant since, under the current Indian tax legislation, most
dividend income from Indian companies that is subject to DDT is exempt from income tax in the
hands of the recipient.

India
2. 10% for equipment rental and ancillary services:

• for other cases in the first five ears 1 if government or s ecified organisation is the a er and
20% for other payers.
• for subsequent years: 15% in all cases (income of government organisations is exempt from
taxation in the country of source).
3. f at least 10 of ca ital is owned b the beneficial owner com an of the com an a ing the
dividend or interest.
4. f at least 20 of ca ital is owned b the beneficial owner com an of the com an a ing dividend
or interest.
5. n absence of s ecific rovision, it ma be treated as b siness rofits or inde endent ersonal
services under respective treaties, whichever is applicable.
6. The ‘most favoured nation’ clause is applicable. The protocol to the treaty limits the scope and rate
of ta ation to that s ecified in similar articles in treaties signed b ndia with an C or another
country.
7. f ro alt relates to co rights of literar , artistic, or scientific work.
8. If the company paying the dividend is engaged in an industrial undertaking.
9. f at least 2 of ca ital is owned b the beneficial owner com an of the com an a ing the
dividend.
10. If at least 25% of capital is owned by the company during at least six months before date of payment.
11. f aid on a loan granted b a bank/financial instit tion.
12. The tax rate for royalties and fees for technical services, under the domestic tax laws, is 10%. This
rate is to be increased by a surcharge at 2.5% on the income tax and education cess at 2% and
secondary and higher secondary education cess at 1% on the income tax including surcharge. As
a consequence, the effective tax rate is 10.558%. This rate applies for payments made under an
agreement entered into on or after 1 June 2005. Accordingly, a tax resident can either use the treaty
rate or domestic ta rate, whichever is more beneficial. I
13. f interest is received b a financial instit tion.
14. Taxable in the country of source as per domestic tax rates.
15. If royalty payments arise from the use or right to use trademarks.
16. Tax treaties of certain countries do not have a separate clause specifying the WHT rate for fees for
technical services and fees for included services.
ist o limited agreements between ndia and ot er ountries

A list of the countries with which India has entered into limited agreements for double
ta at on re e w th res e t to n ome o a r nes mer hant sh ng s g en here
• Afghanistan • Maldives • emen rab e ub

• Ethiopia • Pakistan • ountr es
• Iran • People’s Democratic
• Lebanon e ub o emen
Tax in ormation ex ange agreements T E s between ndia and ot er

ountries
A list of the countries with which India has entered into TIEAs for effective exchange
of information relating to tax matters is given below. In addition, several of the
comprehensive treaties signed by India have an information exchange clause (usually
clause) that has the same effect as signing of a TIEA. These are not listed here.
• Argentina • Gibraltar • Macau, China

• Bahamas • Guernsey • Monaco
• Bahrain • Isle of Man • an ar no
• e e • Jersey • t aarten
• Bermuda • Principality of
• r t sh rg n s an s Liechtenstein
• Cayman Islands • Liberia
Tax administration
Taxable period
In India, the tax year begins on 1 April and ends on 31 March.

India
Tax returns
ounts or ta ur oses must be ma e u to ar h or ersons ha ng bus ness
ro ess ona n ome the n ome ta return s re u re to be fi e e e tron a on or
be ore e tember o the su ee ng ta ear n ase the trans er r ng ro s ons
are a ab e the ue ate or fi ng o the ta return s on or be ore o ember
Quarterly WHT returns

uarter statement o ta es w thhe are re u re to be fi e e e tron a w th the ta
author t es on or be ore u tober an anuar or the first three uarters
of the tax year and on or before 31May following the last quarter of the tax year.
Obligation to submit tax return for assets located outside India

res ent ta a er ha ng an asset n u ng finan a nterest n an ent t o ate
outside India or signing authority in any account located outside India is mandatorily
required to furnish a tax return.
In cases where taxpayers have assets outside India, the extant time limits of four and six
years for reopening tax assessments (where income has escaped assessment) has been
increased to 16 years. In case of a person who is treated as an agent of a non-resident,
the time limit for issuing reassessment notice has been extended from two years to six
years.
ayment o tax
a s a ab e n a an e ta a ab e or the ear e ee s n s e fie
nsta ments or e er uarter on or be ore une e tember an e ember or
the first three uarters o the ta ear an on or be ore ar h or the ast uarter o
the tax year. Any balance of tax due on the basis of the return must be paid on a self-
assessment bas s be ore the return s fi e ta return w be treate as e e t e the
tax liability along with interest is not paid on or before the date of submission of the tax
return. Interest levied for default in payment of advance tax is computed beginning from
the first a o the assessment ear to the ate o the assessment or er
Tax audit pro ess
Audit for income tax purposes

Persons carrying on business are required to get their books of account audited for
n ome ta ur oses the bus ness turno er e ee s m on or ersons
carrying on a profession, crossing the turnover threshold of INR 5 million would attract
the requirement to have its books of accounts audited from 1 April 2017. The penalty for
non om an e w th th s au t re u rement s m on sub e t to o tota
turno er gross re e ts
Special audit
Tax authorities, at any stage of proceedings, having regard to nature, complexity, and
volume of accounts or doubts on correctness of accounts or other reasons, may, after
taking necessary approval of Chief Commissioner, direct a taxpayer to get its accounts
audited and to furnish the report.
The statute of limitations under the Act in the case of submission of returns is one year
from the end of the relevant tax year, and for assessment of returns is 33 months (45
months in case transfer pricing provisions are applicable) from the end of the relevant
ta ear or wh h the return s fi e he statute o m tat ons or reassessment ranges
rom fi e ears to ears rom the en o the re e ant ta ear

WHT provisions and their applicability to cross-border deals are a topic of great current
interest to tax authorities. Transfer pricing (i.e. pricing of international transactions

India
with associated enterprises) is also an area that is witnessing increased attention by

tax authorities in recent years. Two other emerging areas of focus are data analysis and
exchange of taxpayer-related information with other countries (see Inter-governmental
agreements in the Other issues section).
eneral nti oidan e ule

GAAR provisions introduced in the Act were based on the recommendations of a
omm ttee ha re b r arthasarath home he go ernment has e erre the
coming into effect of these provisions till March 2017. These provisions are being
reviewed by the government as part of a comprehensive regime to implement the
s ro e t omm ss one b the ountr es o wh h n a s an
active participant). These provisions, if not deferred further, would empower the tax
department to declare an ‘arrangement’, or any part or step thereof, entered into by
a ta a er w th the ma n ur ose o obta n ng ta benefit to be an m erm ss b e
o an e greement the onse uen e o wh h wou be en a o ta benefit
under the Act or under the applicable tax treaty. Recently, the CBDT has invited
suggest ons or gu e nes t nten s to ssue to ts o fi ers n m ement ng the
I
t er issues
ergers and a uisitions
he e ress on merger has not been efine n the n ome a t but has been
o ere as art o the efin t on o the term ama gamat on ma gamat on s efine
as a merger of one or more companies with another, or the merger of two or more
companies to form a new company, in such a way that all the assets and liabilities
of the amalgamating company or companies become the assets and liabilities of the
amalgamated company, are held by the amalgamated company for a minimum period
o fi e ears an shareho ers ho ng not ess than n a ue o the shares n
the amalgamating company or companies become shareholders of the amalgamated
company. In case of demerger, the cost of acquisition and period of holding of the assets
related to the demerged company shall be available to the resulting company.
Capital gains
No capital gains tax is levied on the transfer of capital assets by an amalgamating
company to the amalgamated company, provided the amalgamated company is an
n an om an m ar s the os t on n ase o a emerger b a emerge om an to
a resulting company.
In cases where shares of an Indian company are transferred by a foreign company or

a demerged foreign company to any another foreign company or resulting foreign
om an there s no ta a ab e ro e t sat sfies erta n s e fie on t ons
Furthermore, the shareholder of the amalgamating company or demerged company
is not liable to pay capital gains tax on the exchange of shares with that of the
amalgamating company or the resulting company under the scheme of amalgamation.
Carryforward of accumulated losses of amalgamating company

The losses and unabsorbed deprecation of the amalgamating company are deemed to be
those of the amalgamated company in the year in which the amalgamation takes place,
ro e t sat sfies erta n s e fie on t ons
In the case of amalgamation of a company owning an industrial undertaking, the

amalgamated company shall achieve the level of production of at least 50% of the
installed capacity of the undertaking before the end of four years from the date of
amalgamation and continue to maintain the minimum level of production till the end
o fi e ears rom the ate o ama gamat on these on t ons are o ate the benefit
claimed will be taxed in the hands of the amalgamated company in the year of default.

India
In case of demerger of a company, the accumulated losses or unabsorbed depreciation of

the demerged company directly relatable to the undertaking or the division transferred
is allowed to be carried forward and offset in the hands of the resulting company.
ma gamat ons an emergers norma attra t stam ut at ar ng rates u h rates

are derived from the laws of the state involved. High court(s), stock exchange, and other
regulatory clearances are required for amalgamations or demergers.
nter go ernmental agreements s

he n an go ernment has s gne an w th the n te tates to m ement the
Foreign Account Tax Compliance Act (FATCA) in India. According to the IGA, foreign
finan a nst tut ons s n n a are re u re to re ort ta n ormat on about
account holders to the Indian government, which will, in turn, relay that information
to the urthermore the nterna e enue er e w ro e s m ar
n ormat on about n an t ens ha ng an a ounts or assets n the n te tates
h s automat e hange o n ormat on began rom e tember ubse uent to
the signing of the IGA, the Indian government enacted rules relating to FATCA reporting
in India.

Indonesia
PwC contact
Ay Tjhing Phan
JI HR Rasuna Said Kav X-7 No. 6
Jakarta 12940, Indonesia
Tel: +62 21 521 2901
Email: ay.tjhing.phan@id.pwc.com

The government has issued several tax incentives to enhance the Indonesian economy.
ne rom nent n ent e s the tem orar re am ng o the fi e asset re a uat on
a t wh h a ows ta a ers to n rease the a ue o the r fi e assets b a ng a
erta n amount o fina ta on the n rementa a ue though th s a t has e ste
or u te a wh e the a ab e fina ta rate or the er o o tober to
e ember s mu h ower e to as o ose to un er the e st ng
facility).
I
m ro ements ha e a so been arr e out n the n estment a t es area su h as the
n ome a owan e an or orate n ome a e u t on a t es where
the government has tried to streamline the process through a one-door policy in order
to s ee u the a at on ro ess he go ernment has a so e an e the e g b e
n ustr es or both n ome ta a t es egu ator m ro ements ha e a so been ut n
a e whereb an n estment en e un er erta n r ter a an be ssue w th n three
hours.
The government has announced the 10th Economic Policy that focuses on the draft
amen ment to the urrent egat e st o n estment to be ssue n m
he ro ose s nten e to a e erate both ore gn an omest n estments
str bute a ross n ones a an to e e o the ountr s om et t eness n the
international market. At the same time, this new NLI is also aimed to protect national
strateg bus ness as we as n ones an sma an me um enter r ses s
he go ernment has a so ssue se era a ue a e ta a t es to boost the

nat ona trans ortat on n ustr h s s n ne w th the res ent s mar t me a s
doctrine.
new om rehens e a t a e a e a onom one Kawasan Ekonomi Khusus

or KEK has a so been ntro u e to e e o se era areas n n ones a o ar the ta
a t es un er th s reg me are the most om ete as the o er u ur goo s
sa es ta m ort n ome ta m ort ut an e se a t es n a t on to these
ta a t es th s reg me a so ro es a t es n other as e ts name tra fi o goo s
manpower, immigration, land procurement, and licensing. Currently, there are eight
areas that ha e been es gnate as s
e arate to ma nta n the stab t o ru ah the go ernment has a so ut

in place several measures, such as requiring the use of rupiah for general onshore
transa t ons ta n ent e n the orm o ower nterest w thho ng ta s
a so g en to e orters who ut the r e ort ro ee s n t me e os t a ounts n banks
n n ones a w th ru ah urren a ounts be ng g en an e en ower rate than
n te tates o ar urren a ounts
Indonesia also continues the reform of the tax system. In addition to the proposal of the
b o ta aw amen ments n ts nat ona regu ator rogrammes to be s usse n the
ar ament or the ne t fi e ears the go ernment has a so ut the ta amnest b n
the rogramme to be s usse n ub e t to the fina sat on o the s uss on the
www.pwc.com/taxsummaries Indonesia 120

Indonesia
ta amnest aw s e e te to be a e n an s nten e to o er a un e are

assets, including offshore assets.
regu at on on the a owab e ebt to e u t rat o or nterest e u t on ur oses has

a so been ssue w th a rat o o to be a e start ng fis a ear
n the nternat ona ta s a e n ones a s gne a u t atera om etent uthor t

Agreement on Automatic Exchange of Financial Account Information on 4 June 2015
an s omm tte to a ng th s us ng the ommon e ort ng tan ar ssue
b the rgan sat on or onom o o erat on an e e o ment
Separately, Indonesia and Netherlands signed a protocol to the 2002 Indonesia -

ether an s a reat n akarta on u he ke eatures o th s roto o
n u ea rate or erta n en s an nterest h s roto o s urrent
en ng the rat fi at on ro ess

es ent or orat ons are ta e base on wor w e n ome ore gn om an
arr ng out bus ness a t t es through a ermanent estab shment n n ones a
w genera be re u re to assume the same ta ob gat ons as a res ent ta a er
a ab e bus ness rofits are a u ate on the bas s o norma a ount ng r n es

as mo fie b erta n ta a ustments enera a e u t on s a owe or a
e en tures n urre to obta n o e t an ma nta n ta ab e bus ness rofits t m ng
eren e ma ar se an e en ture re or e as an e ense or a ount ng annot be
mme ate a me as a e u t on or ta s i s s i ).
Resident taxpayers and Indonesian PEs of foreign companies have to settle their tax
ab t es e ther b re t a ments th r art w thho ngs or a omb nat on o both
ore gn om an es w thout a n n ones a ha e to sett e the r ta ab t es or the r
n ones an sour e n ome through w thho ng o the ta b the n ones an art
paying the income.
orporate in ome tax T rates

at rate o a es to net ta ab e n ome
Public company discount

ub om an es that sat s a m n mum st ng re u rement o an erta n other
on t ons are ent t e to a ta s ount o o the stan ar rate ro ng an
e e t e ta rate o
Small company discount

ma enter r ses e or orate ta a ers w th an annua turno er o not more than
b on are ent t e to a ta s ount o the stan ar rate wh h s m ose
ro ort ona on ta ab e n ome on the art o gross turno er u to b on
erta n enter r ses w th gross turno er o not more than b on are sub e t to
fina n ome ta at o turno er
inal in ome tax

erta n t es o n ome are sub e t to a fina n ome ta at a s e fie er entage o the
gross amount o n ome w thout regar to an attr butab e e enses
Income Tax rate (%)
Rental of land and/or building 10
Proceeds from transfers of land and building rights 5
121 Indonesia PwC Worldwide Tax Summaries

Indonesia
Income Tax rate (%)
Fees for construction work performance 2/3/4
Fees for construction work planning 4/6
Fees for construction work supervision 4/6
nterest on time or saving de osits and on ank of ndonesia Certificates s, 20 1
other than that payable to banks operating in Indonesia and to government-
approved pension funds
nterest on bonds, other than that a able to banks o erating in ndonesia and 1 2
government-approved pension funds
Proceeds from sale of shares on ndonesian stock e changes. o se this rate, 0.1
founder shareholders must pay tax at 0.5% of the market price of their shares
on listing otherwise, gains on s bse ent sales are ta ed nder normal r les
Income from lottery prizes 25
Certain income received b individ als and cor orates e ce t P s with gross 1
t rnover of not more than . billion in one fiscal ear
Notes
1. ifferent rates a l on interest received from time de osits so rced from e ort roceeds Devisa I
Hasil Ekspor .
2. f the reci ient is a m t al f nd registered with the inancial ervices A thorit Otoritas Jasa
Keuangan or , the ta rate is ntil 2020 and 10 thereafter. f the reci ient is a non resident
ta a er, the ta rate is 20 or a lower rate in accordance with the relevant ta treat .
3. a a ers m st calc late, a , and re ort the ta d e to the ndonesian a ffice b
themselves.
Resident companies, PEs, representatives of foreign companies, organisations, and

a o nte n ua s are re u re to w thho the abo e fina ta rom the gross
payments to resident taxpayers and PEs.
Spe ial industries and a ti ities

Companies engaged in upstream oil and gas and geothermal industries typically have
to a u ate n a or an e w th the r ro u t on shar ng ontra ts s erta n
om an es engage n meta m nera an oa m n ng are go erne b a ontra t o
work o or the n ome ta a u at on erent ro s ons ma a to them
erta n ng to rates e u t b e e enses an how to a u ate ta ab e n ome
ote that su h ontra tua base on ess ons are no onger a a ab e to new m n ng
ro e ts s n e the ena tment o the n ng aw n he n ng aw st u ates that
general prevailing tax laws/regulations apply to mining projects; consequently, any
ta a t es shou be ro e a or ng e e t as otherw se state n a art u ar
mining licence.
o al in ome taxes
There are no local taxes on income in Indonesia. a is a a s s i a
a si a ss i .
orporate residen e
om an s treate as a res ent o n ones a or ta ur oses b rtue o ha ng ts
estab shment or ts a e o management n n ones a

n er the n ome a aw a non res ent om an ma be treate as ha ng a ta ab e
resen e t runs a bus ness or on u ts a t t es n n ones a wh h an be n the
form of:
• a place of management

Indonesia
• a bran h o the om an
• a re resentat e o fi e
• an o fi e bu ng
• a factory
• a workshop
• a warehouse
• a room for promotion and selling
• a mining and extraction of natural resources
• a mining working area for oil and natural gas
• a fisher an ma husban r agr u ture antat on or orestr o at on
• a ro e t o onstru t on nsta at on or assemb
• the urn sh ng o ser es n whate er orm b em o ees or other erson nso ar
conducted not more than 60 days within a 12-month period
• a person or corporation acting as a dependent agent
• an agent or em o ee o an nsuran e om an that s not estab she an om e
in Indonesia that receives insurance premiums or insures risk in Indonesia, and
• the om uters e e tron agent or automate e u ment owne ease or use b
an e e tron transa t ons ro er to on u t bus ness a the nternet
here the non res ent om an s res ent n a ountr that has a ta treat w th
n ones a the ru es on a reat on ma be hange usua there s a onger t me test
for certain activities performed in Indonesia.
t er taxes
alue added tax T
th a ew e e t ons sa ab e on e er es sa es o goo s an ser es
w th n n ones a at a rate o on e ort o goo s s ero rate wh e the m ort
o goo s s sub e t to at a rate o ero rate s a so a ab e on e orte
ser es but sub e t to a n str o nan e o m tat on urrent on erta n
e orte ser es n u ng to manu a tur ng ser es are sub e t to the rate
Services performed within the Customs Area for customers outside of the Customs Area
are ons ere as o a e ere an are there ore sub e t to the regu ar rate o
nboun use or onsum t on o ore gn ser es or ntang b e goo s w th a ew
e e t ons s a so sub e t to a se assesse at a rate o
he aw a ows the go ernment to hange the rate w th n the range o to

owe er s n e the ena tment o the aw n the go ernment has ne er
hange the rate
n genera o e t on s base on the a rua r n e whereb must be

o e te at the t me o e er o ta ab e goo s or ser es he term e er n th s
ase s efine as the t me when r sk an ownersh o goo s ha e been trans erre
or when n ome rom a ser e e er an be re ab est mate or measure n the
a rua s stem n ome or re e ab es are a know e ge when a transa t on takes
a e regar ess o whether the transa t on has been a or or not he re ogn t on
o re enue or re e ab es s n ate b the ssue o a ommer a n o e wh h s a
sour e o ument or th s re ogn t on an a bas s or re or ng t
fi ng s one on a month bas s w th a ment an fi ng be ng ue no ater than

the ast a o the month o ow ng the ta ab e e er
uxury goods sales tax ST

n a t on to some goo s e g erta n househo a an es s ort e u ment
motor eh es u ur res en es are sub e t to u on m ort or e er b the
manu a turer to another art at rates urrent rang ng rom to

Indonesia
mport duty
m ort ut s a ab e at rates rom to on the ustoms a ue o m orte
goo s ustoms a ue s a u ate on the ost nsuran e an re ght e e
roup Good Rate (%)

Automobiles Passenger and commercial 5 to 50
Automobile components Incompletely knocked down 0 to 10
Vessels hi s, boats, and oating str ct res 0 to 5
lectronic goods Camera, television, refrigerator, cell lar hone, 0 to 15
and others
Footwear 5 to 30
everages, eth l alcohol, and th l alcohol, ice, beer, wine, s irits, and to 1 0, or
alcoholic drinks other beverages 1 ,000/litre
ssential oils and resinoids Odoriferous substances 5 to 150
Agricultural products Animal and vegetable products 0 to 30
e tile, te tile rod cts, and ags, harnesses, a arels, clothing 5 to 35
accessories accessories, etc.
Others Chemicals, harmace tical rod cts, lastic, 0 to 30
r bber, and others I
s a omm tment to bera s ng tra e the n ones an go ernment s rogress e

lowering import duty rates on most products. Higher duty rates remain to protect certain
industries and goods regarded as sensitive for security or social and cultural reasons.
Duty relief/exemption/deferral
The Indonesian government offers duty relief, duty exemption, and duty deferral
concessions to foreign and domestic investors in order to promote the development of
local and export industries. Such concessions include the a a i asi a a a
a aster st on e one on e arehouse m ort ut e em t on
an rawba k or e orts ree ra e one n atam ntan an ar mun
sso at on o outheast s an at ons ut rates ree ra e rea
agreement duty rates with several countries, Indonesia-Japan Economic Partnership
greement ma n artners anes an uthor se onom erator
and and buildings tax

an an bu ngs ta aa i a a a or s a art o reg ona ta es
wh h are go erne un er eg ona a es an etr but on a a a a a i si
a a or PDRD) Law in which each regional government has to issue a regulation
a a a a or to regu ate n ts terr tor
he s o e o un er aw o ers a an an bu ngs e e t or the o ow ng

n ustr es wh h are go erne b se arate regu at ons
• Forestry.
• Plantation.
• nera an oa m n ng
• Oil, gas, and geothermal mining.
• Other industries located in national waters outside the territory of the regional area.
n er aw the rate s ma mum an the ta ue s a u ate b

a ng the ta rate on the sa e a ue o the ta ob e t i ai a a a or NJOP)
e u te b non ta ab e he non ta ab e s set at m n mum o
m on n hanges are to be ma e b ssu ng a
Tax on land and buildings trans er

trans er o an an bu ngs w ause n ome ta on the eeme ga n on the
trans er sa e to be harge to the trans eror se er he ta s set at o the gross
Indonesia
trans er a ue or the go ernment eterm ne a ue wh he er s greater see Final

i a i a s a i s i ).
uty on t e a uisition o land and building rig ts

n a an an bu ng trans er the a u rer s ab e or ut on the a u s t on o an
an bu ng r ghts a a i a a a as a a a a a or at a
ma mum o o the greater o the transa t on a ue or the go ernment eterm ne
a ue m ar to has been ma e a art o reg ona ta es
Stamp duty
tam ut s nom na an a ab e as a fi e amount o e ther or
on certain documents.
ayroll taxes
here are no a t ona a ro ta es a ab e other than those or so a se ur t
ontr but ons an em o ee n ome ta w thhe b em o er on the sa ar a ment
Social security contributions

m o ers are res ons b e or as erta n ng that the r em o ees are o ere b
the workers so a se ur t rogram manage b a a aa a i a
sia wh h ro es work ng a ents rote t on eath nsuran e o age
sa ngs hea th are an ens on he rogram a s or rem um ontr but ons rom
both the em o ers an the em o ees m o ees ontr but ons are o e te through
a ro e u t ons he rem um ontr but ons borne b em o ers are a u ate as a
er entage o regu ar sa ar es wages rang ng rom to
he s heme a es to a em o ees n u ng e atr ates who ha e been work ng n

Indonesia for more than six months.
egional taxes
or orate ta a er ma be ab e or a number o reg ona ta es an retr but ons he
rates range rom to o a w e number o re eren e a ues eterm ne b the
re e ant reg ona go ernments he o ow ng are reg ona ta es other than an
that ma a
• otor eh e ta
• otor eh e ownersh trans er ee
• otor eh e ue ta
• Surface water tax.
• Cigarette tax.
• Hotel tax.
• Restaurant tax.
• Entertainment tax.
• Advertisement tax.
• Road illumination tax.
• Non-metal and rock minerals tax.
• Parking tax.
• roun water ta
• Swallow-nest tax.
Bran in ome
ran h rofits are sub e t to the or nar rate o he a ter ta rofits are
sub e t to a e bran h rofits ta or at regar ess o whether the
rofits are rem tte to the home ountr owe er a on ess ona rate ma be
a ab e where a ta treat s n or e s i i a ss i

Indonesia
information he ma be e em t the rofits are ent re re n este n n ones a

s a i sa i i ss i i a i ).
n ome determination
n entory aluation
n entor es must be measure at ost b us ng e ther the a erage or first n first out
metho n e a ost ng metho s a o te t must be a e ons stent
apital gains
a ta ga ns are genera assessab e together w th or nar n ome an sub e t to ta
at the stan ar rate owe er ga ns rom the trans er o an an bu ngs are not
sub e t to regu ar but rather are sub e t to fina n ome ta at a rate o o the
transaction value or the government-determined value, whichever is higher.
The proceeds from sales of shares listed on the Indonesian stock exchange are not
sub e t to norma nstea the ro ee s are sub e t on to a fina o o
the gross sa es ons erat on n a t ona ta o a es to the share a ue o
oun er shares at the t me an n t a ub o er ng takes a e rres e t e o whether I
the shares are held or sold. Shareholders may elect not to pay this tax, in which case the
a tua ga n w be sub e t to norma ta at the t me the shares are so
i idend in ome
n rn e en n ome re e e b a res ent ta a er rom a m te ab t
om an genera re erre to as a s a a as or s ta ab e as or nar
income for the taxpayer receiving the dividend. However, if the dividend recipient is a
w th a m n mum shareho ng o n the om an a ng the en an the
dividend is paid out of retained earnings, it is exempt from CIT.
here the re ent s not res ent n n ones a a rate o a es sub e t to

ar at on b ta treat es s i i a ss i i a i ).
he same ru es a to sto k en s bonus shares n u ng en s a out o

share rem um a i ).
nterest in ome
nterest n ome on t me or sa ng e os ts an on ank o n ones a ert fi ates s
re e e b a res ent om an or a s ta e at a fina ta rate o
Ex ange gains and losses

a ns an osses ar s ng rom urren u tuat ons are genera re ogn se on an
a rua bas s n a or an e w th the re a ng n ones an ount ng tan ar s wh h
resemb e nternat ona ount ng tan ar s n most res e ts
oreign in ome
ore gn bran h n ome o an n ones an om an must be a ounte or as n ones an
ta ab e n ome un er the ontro e ore gn om an es s regu at on hese ru es
a to n ones an ta res ents own ng at east o the a u a ta shares
in a CFC. The rules make no reference to such terms as tax avoidance or tax evasion
and therefore apply even if the CFC is domiciled in a non-tax haven country. The
on s tuat on n wh h the ru es o not a s when the s shares are ste on a
re ogn se sto k e hange n er broa terms un er the ru es the n ones an
shareho er o the s eeme to re e e a en w th res e t to the rofits
base on a shareho ng ro ort ona a u at on

Indonesia
edu tions
n genera e enses n urre n the or nar ourse o bus ness to obta n o e t an
ma nta n ta ab e n ome are e u t b e sub e t to the re u rements or o umentar
support.
ote that e enses re at ng to gross n ome sub e t to fina n ome ta are not
e u t b e or ur oses
epre iation, amortisation, and depletion

e re ab e amort sab e assets n u e both tang b e an ntang b e ro ert or osts
n u ng the ost o e ten ng bu ng use r ghts r ghts or bus ness use r ghts or
use, and goodwill, with a useful life of more than one year, except land that is owned
an use n bus ness e re at on an amort sat on ma be a u ate un er the
stra ght ne metho or the e n ng ba an e metho on an n ua asset bas s
n e a metho s hosen t shou be a e ons stent n a u at ng e re at on
e re ab e assets are e nto the o ow ng asses
Depreciation/amortisation rate (%)

Class Strai ht line method Declinin balance method
Property:
Useful life of 4 years 25 50
Useful life of 8 years 12.5 25
Useful life of 16 years 6.25 12.5
Useful life of 20 years 5 10
Buildings:
Permanent 5 -
Non-permanent 10 -
e a ru es a or assets use n erta n bus ness fie s an or erta n areas a

e re at on nee not on orm to book e re at on
he osts n urre or a u r ng r ghts w th a benefi a e o more than one ear or

mining, oil, and natural gas concessions; forest concessions; and other rights to exploit
natura resour es shou be amort se b the ro u t on un t metho e t or the
right to acquire oil and natural gas concessions, the depletion rate used should not
e ee a .

The costs of incorporation and expansion of the capital of an enterprise are claimed in
full in the year in which the expenditure is incurred or are amortised using either the
e n ng ba an e or stra ght ne metho at the abo e rates
osts n urre be ore the ommen ement o ommer a o erat ons w th a use u eo
onger than one ear are a ta se an amort se a or ng to the abo e rates
nterest expense
nterest n urre n the or nar ourse o bus ness s e u t b e as ong as the re ate
oan s use or bus ness ur oses
nterest on oans re at ng to t me e os ts wh h n ome s sub e t to a fina ta s not

e u tbe
nterest on oans use to bu shares where en s to be re e e are not sub e t to

n ome ta s a so not e u t b e

Indonesia
ebt to e u t rat o o s genera a ab e start ng rom fis a ear wh h

means that the amount o ebt a owab e n or er to obta n u e u t b t o the
finan ng ost s m te to our t mes the e u t amount em t on a es to erta n
taxpayers.
Bad debts
n o e t b e ebts are e u t b e or ta ur oses w th the o ow ng on t ons
• he re tor has re ogn se the amount o un o e t b e re e ab es as e enses n

the commercial income statement.
• he ta a er must subm t a st o un o e t b e a ount re e ab es to the re torate
enera o a
• ega ase to en or e o e t on has been brought to a str t ourt or go ernment
agen that han es state re e ab es there s a wr tten agreement on an e at on o
re e ab es ebt re ease an s harge between the on erne re tor an ebtor t
has been ub se n a genera or a s e a ub at on or the ebtor has otherw se
a know e ge that h s her ebts ha e been an e e
Donations for national disasters, education facilities, sport development, and social I
n rastru tures w th erta n on t ons ma be e u t b e n the fis a ear when the
donations are provided.
Benefits in kind
ost benefits re e e n k n b em o ees su h as ree hous ng are not ta e u t b e
to the ent t ro ng the benefit ree motor eh e an te e hone e enses n u ng
e re at on are ta e u t b e but on or o the tota e enses n urre
enses or mea s an trans ortat on ma e a a ab e to a sta are ta e u t b e
art rom these erta n benefits n k n e g hous ng ro e n remote areas as
es gnate b the o ntegrate onom e e o ment ones as es gnate b
res ent a e ree an a so be a me as ta e u t b e e enses
ines and penalties

nes ena t es an nterest on un er a ment o ta es are not e u t b e
Taxes
an an bu ngs ta an reg ona ta es ma be e u te rom ta ab e n ome th
se era e e t ons n ut s a so e u t b e aga nst ta ab e n ome as ong as t s
not a me as a re t aga nst out ut
et operating losses
osses ma be arr e orwar or a ma mum er o o fi e ears arr ng ba k o
losses is not permitted. Offsetting losses within a corporate group is not permitted.

sa e as a fina ta on the re ent or a ments o ro a t es nterest
an ser e ees to ore gn non res ent om an es ess e an non arm s ength
payments to related parties are disallowed as deductions. The tax law denies deductions
or a a ments rom a bran h to ts hea o fi e or ro a t es nterest an ser es
ro e b the hea o fi e e e t ons a or oans between bank bran hes an the r
hea o fi es
roup taxation
Consolidated returns are not allowed in Indonesia.

Indonesia
Trans er pri ing

ransa t ons between re ate art es must be ons stent w th the arm s ength r n e
the arm s ength r n e s not o owe the re tor enera o a s
author se to re a u ate the ta ab e n ome or e u t b e osts ar s ng rom su h
transa t ons a ng the arm s ength r n e
n er the enera a ro s ons an ro e ures a a aa

aa a a a or aw the go ernment re u res s e fi trans er r ng
o umentat on to ro e the arm s ength nature o re ate art transa t ons
Detailed transfer pricing disclosures are required in the CIT return, which include the
following:
• The nature and value of transactions with related parties.

• The transfer pricing methods applied to those transactions and the rationale for
selecting the methods.
• hether the om an has re are trans er r ng o umentat on
rans er r ng s utes ma be reso e through the omest ob e t on an a ea

process, or, where the dispute involves a transaction with a related party in a country
that s one o n ones a s ta treat artners the art es ma re uest oub e ta re e
un er the utua greement ro e ures art e o the re e ant ta treat
here s a restr t on that an a at on annot be o ge when the a ourt has
e are an en to the ourt hear ng ro ess an an e st ng w ease when the
a ourt announ es ts e s on a art s not sat sfie w th the a ourt e s on a
u a re ew b the u reme ourt s a owe
he ta aw author ses the to enter nto an e r ng greements s w th

ta a ers an or another ta ountr s ta author t on on the uture a at on
o the arm s ength r n e to transa t ons between re ate art es onse uent
ta a ers shou not e e t an to be ro e ba k to a ress an trans er r ng
matters in open years in relation to the same/similar transactions. Once agreed, an
w t a be a or a ma mum o three ta ears a ter the ta ear n wh h
the APA is agreed or four years if the process involves cooperation with foreign tax
author t es that es a ate an a at on to be an n or er to sett e an ongo ng
oub e ta at on n a or an e w th a re e ant ta treat
Increase in transfer pricing focused investigations

he number o ta au ts w th trans er r ng as the ke o us area has ont nue to
n rease o ow ng the ssuan e o regu at ons re at ng to trans er r ng he
has ssue eta e gu e nes that broa state t a o ow rn es
Transactions under particularly close scrutiny include payments of royalties and
te hn a or management ser es ees nter om an ser es ro a t an finan ng
transactions, and exports to related parties.
here a ta a er has no o umentat on a a ab e to substant ate these transa t ons

there s a h gh r sk that e u t ons or the a ments w be en e n u n th s
regar the a t me m t w th n wh h a ta a er must ro u e an o umentat on
re ueste b the ur ng an au t s be ng str t en or e n o umentat on
ro e a ter the a t me m t s be ng sregar e b the n ts e s on
making process.
rans er r ng s e fi au ts are regu ar on u te b the w th the h gh r or t

targets genera ent fie base on
• rofit er orman e o the om an om an es that ha e n urre ons stent osses

w be the h ghest r or t but there s a so a r sk o be ng se e te or om an es
w th rofits be ow n ustr norms an

Indonesia
• mater a t o the om an s re ate art transa t ons
The ITO has issued questionnaires to several taxpayers who are not under an audit that
o us r mar on trans er r ng ssues t s oss b e that the n ormat on gathere b
the ITO from these questionnaires will lead to follow-up investigations or audits in some
cases.
he has a so re n or e ta au t ro e ures or ta a ers w th re ate art

transactions. This regulation provides more clarity and is more relevant with the
urrent trans er r ng ssues n ra t e e g the use o the me an o nt as the bas s
o orre t on man ator use o the om arab e un ontro e r e metho or
nterest the use o mu t e ear ata or om arab es om rehens e orms re u re
to be om ete b the ta a ers ur ng a ta au t are a so ro e n the regu at on
T in apitalisation
he o s author se to make a eterm nat on on an a ro r ate rat o o ebt to
e ut he genera rat o o sa ab e or grou om an es e e t or e em te
taxpayers.
ontrolled oreign ompanies s I

i i i i ai s i a s i i i

Foreign tax credit
a a or a ab e n ore gn ountr es u on n ome rom abroa re e e or obta ne
b a res ent ta a er ma be re te aga nst ta a ab e n n ones a n the same
fis a ear
he amount o ta re t s the same amount as n ome ta a or a ab e abroa but

sha not e ee ta a ab e a u ate a or ng to the n ones an ta aw
e aluation o fixed assets

erta n ta a ers ma a or fi e asset re a uat on or ta ur oses w th a ro a
rom the he e ess o the a r market a ue o er the ta book a ue o the re a ue
assets s sub e t to fina n ome ta at a rate o here s a s e a rogram or
re a uat on o fi e assets or subm ss on ma e between the er o rom tober
to e ember wh h s sub e t to erent ru es e ow are the ke eatures
of this special program:
• ower fina n ome ta rates o an a to the a at ons subm tte

n the first ha o an the se on ha o res e t e
• e a uat on an be on u te on some or a tang b e fi e assets owne b a
taxpayer.
n ome tax on essions
CIT reduction
he o ma ro e an a enue or re u t on o to o the ue or
to ears rom the start o ommer a ro u t on ma mum re u t on o ma
be ro e to firms n te e ommun at on an n ormat on n ustr es w th new a ta
n estment ans o b on to tr on he er o an be e ten e to
years if it is deemed necessary for the national interest.
h s a t s ro e to firms n oneer n ustr es that ha e a w e range

of connections, provide additional value and high externalities, introduce new

Indonesia
technologies, and have strategic value for the national economy. Currently, this facility is
a a ab e or the o ow ng bus ness se tors
• Upstream metal.
• refiner
• ase organ hem a s sour e rom o an gas
• a h ner
• Telecommunication and information.
• Sea transportation.
• ro ess ng n ustr on agr u ture orestr an fisher ro u ts
• ro ess ng n ustr n a e a onom one Kawasan Ekonomi Khusus or KEK).
• onom n rastru ture other than those un er the o ernment oo erat on w th
us ness nt t es asa a i a a a a sa a).
he a ant must meet the o ow ng r ter a to be e g b e or th s ta a t
• Incorporated in Indonesia no earlier than 15 August 2011.

• as a ega se new a ta n estment an o a m n mum o tr on
b on or te e ommun at on an n ormat on n ustr es
• eets the a ab e ebt to e u t rat o as re u re b the o
• ro e a omm tment etter to e os t a m n mum o o the r anne
n estment a ue n banks o ate n n ones a
na at on must be subm tte to the n estment oor nat ng oar a a

i asi a a a a or ha rman ro osa or the o s a ro a
w be ma e b the ha rman a ter arr ng out resear h on the a ant n er
the atest regu at on the ro osa an be subm tte to the o unt ugust
the a t s grante ta a ers shou subm t er o re orts on the rea sat on o

the r n estment ans the use o the r un s e os te n the n ones an banks an the
rea sat on o ro u t on a ure to rea se the n estment an an to subm t the abo e
periodic reports will result in the termination of the tax facility.
Income tax allowance

he o ma ro e the o ow ng ta on ess ons to om an es o ow ng the r
n estment n erta n es gnate bus ness areas or n erta n es gnate reg ons
• re u t on n net n ome o u to o the amount n este rorate at or

six years of the commercial production, provided that the assets invested are not
transferred out within six years.
• e erate e re at on an or amort sat on e u t ons
• Extension of tax loss carryforwards for up to ten years.
• re u t on o the rate on en s a to non res ents to or ower
treat re e s a a ab e
he a ant must meet one o the o ow ng h gh e e r ter a to be e g b e or the

abo e ta a t es
• High investment value or for export purposes.

• gh absor t on o man ower
• High local content.
e ommen at on rom the ha rman must first be obta ne together w th the

a at on or n estment a ro a be ore o a ro a or the ta a t es an be
sought.

Indonesia
Spe ial E onomi ones awasan Ekonomi usus or E s

a a ers on u t ng bus ness n s ma en o ta a t es he bus ness shou
cover the main activities determined for each KEK and other activities in each KEK. The
es gnat on o an area as a s set out n a s e fi go ernment regu at on urrent
there are eight areas designated as KEKs.
a a ers must meet the o ow ng r ter a to be e g b e or ta a t es n s
• or ta a ers organ s ng the s bus ness a t t

• a e been st u ate b the re e ant go ernment agen to be a bus ness ent t
that develop or manage a KEK.
• Have an agreement on KEK with the relevant government agency.
• reate area boun ar es o the s a t t es
• or ta a ers arr ng out bus ness a t t n the
• Are a domestic taxpayer.
• Have a legalised new capital investment plan from the Administrator of the KEK.
• a e an n ormat on s stem onne te to the re torate enera o ustoms an
Excise.
re u t on a t ma be grante or new ta a ers w th new a ta n este n I

the ro u t on ha n o ma n a t t es n a as es r be be ow
Investment plan (IDR in billions) Reduction period (years) CIT reduction

Less than 500 5 to 15 MoF discretion
00 to 1,000 5 to 15 20% to 100%
ore than 1,000 10 to 25 20% to 100%
a a ers be ng re e te or the re u t on a t an ta a ers arr ng out

other activities in a KEK may apply for similar income tax allowance under income tax
concessions.
n a t on to the abo e n ome ta a t es ta a ers n a are a so ent t e to the

following tax facilities:
• on o e t on o an on m ortat on or omest ur hases o erta n

goods.
• on o e t on o an on the e er o erta n goo s between ta a ers n
a KEK.
• on o e t on o m ort n ome ta rt e
• Postponement of import duty on capital goods and equipment, as well as goods and
materials for processing.
• em t on o e se on goo s to be use to ro u e non e sab e goo s
ntegrated E onomi e elopment ones awasan engembangan

Ekonomi Terpadu or ETs
om an es on u t ng bus ness n a ma en o ta a t es he es gnat on o
an area as a s set out n a s e fi res ent a e ree urrent there are
areas designated as KAPETs.
The tax facilities are as follows:
• on o e t on o an on erta n u ur goo s transa t ons

• Exemption from prepaid income tax on the importation of capital goods and other
e u ment rt e re t re ate to ro u t on a t t es
• Postponement of import duty on capital goods and equipment, as well as goods and
materials for processing.
• Exemption from import duty for four years on machinery and certain spare parts.

Indonesia
Bonded ones awasan Berikat or Bs

a t es are ro e to om an es ro u ng fin she goo s that are ma n or
e ort w th a omest sa es uota o o the re ous ear e ort rea sat on a ue
an or sa es a ue to other s
The tax facilities are as follows:
• Postponement of import duty.

• on o e t on o an rt e n ome a
• Exemption of excise.
The facilities are provided in respect of:
• Importation or domestic purchases of goods for further processing.

• m ortat on o o fi e e u ment to be use on b the om an on erne
• Importation of plant equipment and machinery related directly to manufacturing
a t t es to be use on w th n or b the om an on erne
he tra fi o goo s between om an es as we as between a om an an ts

su ort ng ontra tors s a so a tate b means o the same ta a t es s a resu t
an o not nee to be o e te or the o ow ng tra fi goo s
• h ments o ro u ts rom a om an to another om an or urther

processing.
• h ments o goo s an or mater a s rom a om an to a non om an
w th n the ustoms rea n a sub ontra t arrangement as we resh ment o goo s
ro esse b the non om an to the om an
• he en ng o ant ma h ner or e u ment b a om an to another
om an or non om an w th n the ustoms rea an the resh ment o the
same ma h ner or e u ment to the om an n a sub ontra t arrangement
Bonded ware ouse

he bon e warehouse on ess on s a ab e or goo s that su ort the
manufacturing industry. The tax facilities are as follows:
• Postponement of import duty.

• on o e t on o an rt e n ome a
• Exemption of excise.
ree Trade one T in Batam, Bintan, and arimun

oo s entere nto an goo s e ere amongst om an es ns e an Kawasan
a a a as or may also enjoy tax facilities.
Some administrative requirements in an FTZ are:
• us ness en e rom the anagement oar o the a a sa aa

Kawasan or
• he m orte goo s must be n ne w th the bus ness en e
• ustoms ro e ures n u ng ustoms au t ustoms ena t es are a ab e n
the FTZ.
• o re u rement to be reg stere as a ta ab e enter r se sa a a a a or
or ur oses
The goods entered into and delivered amongst companies inside an FTZ are exempted
rom m ort ut an e se n a t on the m ort ta es e an rt e
Income Tax) are not collected.

Indonesia
ransa t ons o ntang b e goo s an ta ab e ser es are e em te rom e e t or

those e ere to other n ones a ustoms rea an om an es
hen goo s e t rom an to other n ones a ustoms rea the ab e m ort ut

an m ort ta es shou be a
ein estment o bran profits

s that re n est the r a ter ta rofits n n ones a w th n the same ear or no ater than
the o ow ng ear are e em t rom on these rofits he re n estment shou be
one of the following forms:
• s a oun er or a art ant oun er n a new estab she n ones an om an

through capital participation.
• s a shareho er o an estab she n ones an om an through a ta art at on
• u s t on o a fi e asset use b the to on u t ts bus ness or a t t es n
Indonesia.
• n estment n the orm o an ntang b e asset use b the to on u t ts bus ness or
activities in Indonesia.
hares n a new estab she om an sha not be trans erre unt at a m n mum two I
ears rom the ate that the om an ommen es ommer a ro u t on th regar
to the n estment n an estab she n ones an om an a u s t on o a fi e asset
or n estment o an ntang b e asset the n estment sha not be trans erre unt at a
minimum, three years after the investment.
t er in enti es
n ome earne b enture a ta om an es n the orm o rofit shar ng rom the r
investments in Indonesia is exempt from tax, provided that the following conditions are
met:
• nt t es are sma or me um s a e bus nesses n one o the se tors es gnate b the

Indonesian government.
• Investments are not listed on the Indonesian stock exchange.
Wit olding taxes

n ones an n ome ta s o e te ma n through a s stem o s here a art u ar
n ome tem s sub e t to the a er s genera he res ons b e or w thho ng or
o e t ng the ta hese s are ommon re erre to us ng the re e ant art e o the
n ome a aa asi a or PPh) Law, as follows.
rti le n ome Tax

h s e e on a ar et o a ments to or orat ons an n ua s res ent
and non-resident, at the following rates:
T (%)
Dividends
Substantial ranch
Recipient Portfolio holdin s Interest Royalties pro ts (1 )
Resident corporations 15 0 15 15 N/A
Resident individuals 10 10 15 15 N/A
Non-resident
corporations and
individuals
Non-treaty 20 20 20 20 0/20

Indonesia
T (%)
Dividends
Substantial ranch
Treaty:
Algeria 15 15 0/1 a 15 10
Armenia 10 15 0/10 a 10 10
Australia 15 15 0/10 a 10/1 b, c 15
Austria 15 10 0/10 a 10 12
Bangladesh 15 10 0/10 a 10 10
Belgium 15 10 0/10 a 10 10
Brunei 15 15 0/1 a 15 10
Bulgaria 15 15 0/10 a 10 15
Canada 15 10 0/10 a, b 10 15
China 10 10 0/10 a 10 10
Croatia 10 10 0/10 a 10 10
Czech Republic 15 10 0/12. a 12.5 12.5
Denmark 20 10 0/10 a 15 15
g t 15 15 0/1 a 15 15
Finland 15 10 0/10 a 10/1 d 15
France 15 10 0/10/1 a, b 10 10
erman 1 15 10 0/10 a 10/1 b, c 10
Hong Kong 10 5 0/10 a 5 5
ngar 15 15 0/1 a 15 20
ndia 15 10 0/10 a 15 10
Iran 0/10 a 12
Italy 15 10 0/10 a, b 10/1 b, c 12
Japan 15 10 0/10 a 10 10
ordan 10 10 0/10 a 10 20
orea orth 10 10 0/10 a 10 10
orea o th 2 15 10 0/10 a 15 10
Kuwait 10 10 0/ a 20 0/10
embo rg 1 15 10 0/10 a 12.5 10
ala sia 10 10 0/10 a, b 10 12.5
Mexico 10 10 0/10 a, b 10 10
Mongolia 10 10 0/10 a 10 10
Morocco 10 10 0/10 a 10 10
etherlands 6 10 10 0/10 a, b 10 10
ew ealand 15 15 0/10 a 15 20
Norway 15 15 0/10 a, b 10/1 a, b, 15
c
Pakistan 1 15 10 0/1 a 15 10
Pa a ew inea 1 15 15 0/10 a 10 15
Philippines 20 15 0/10/1 a, b 15 20
Poland 15 10 0/10 a 15 10
Portugal 10 10 0/10 a 10 10
Qatar 10 10 0/10 a 5 10
Romania 15 12.5 0/12. a, b 12. /1 a, b, 12.5
c, d
Russia 15 15 0/1 a 15 12.5
e chelles 10 10 0/10 a 10 20
Singapore 15 10 0/10 a 15 15

Indonesia
T (%)
Dividends
Substantial ranch
Slovakia 10 10 0/10 a 10/1 d 10
o th Africa 15 10 0/10 a 10 20
Spain 15 10 0/10 a 10 10
Sri Lanka 15 15 0/1 a 15 20
Sudan 10 10 0/1 a 10 10
Suriname 15 15 0/1 a 15 15
Sweden 15 10 0/10 a 10/1 b, c 15
wit erland 1 15 10 0/10 a 10 10
Syria 10 10 0/10 a 1 /20 d 10
Taiwan 10 10 0/10 a 10 5
Thailand 20 15 0/1 a 15 20
Tunisia 12 12 0/12 a 15 12
Turkey 15 10 0/10 a 10 10
Ukraine 15 10 0/10 a, b 10 10
I
nited Arab mirates 10 10 0/ a, b 5 5
United Kingdom 15 10 0/10 a, b 10/1 b 10
United States of 15 10 0/10 a 10 10
America
Uzbekistan 10 10 0/10 a 10 10
ene ela 1 15 10 0/10 a, b 20 10
Vietnam 15 15 0/1 a 15 10
imbabwe 1, 20 10 0/10 a 15 10
Domestic Article 23 WHT is also payable at the rate of 2% for most types of services where the recipient
of the payment is an Indonesian resident.
Notes
1. ervice fees, incl ding for technical, management, and cons lting services, rendered in ndonesia are
s b ect to at rates of for wit erland . for erman 10 for embo rg, Pa a ew
inea, ene ela, and imbabwe and 1 for Pakistan.
2. VAT is reciprocally exempted from the income earned on the operation of ships or aircraft in
international lanes.
3. The treaty is silent concerning BPT rate. The ITO interprets this to mean that the tax rate under
ndonesian a aw 20 sho ld a l .
4. ab an offshore com anies nder the ab an ffshore siness Activit a Act 1 0 are not
entitled to the ta treat benefits.
5. atified b t not et effective, ending the e change of ratification doc ments.
6. A rotocol amending the ta treat has been signed, ending the ratification of the rotocol and the
e change of ratification doc ments.
. A revised ta treat has been signed, ending the ratification of the revised ta treat and the
e change of ratification doc ments.
8. Interest:
a. em t if aid to the government.
b. em t if aid to a bank b t linked to a government loan agreement or aid to s ecific financial
institutions/banks.
. Royalties:
a. he se of, or the right to se, an co right, atent, design or model, lan, secret form la or
rocess, trademark, or other like ro ert or right.
b. he se of, or the right to se, an ind strial, commercial, or scientific e i ment.
c. he s l of scientific, technical, ind strial, or commercial knowledge or information.
d. he se of, or the right to se, an co right of literar , artistic, or scientific work, incl ding
cinematogra h films and films or ta es for television or radio broadcasting.
10. P s that reinvest their after ta rofits in ndonesia within the same ear or no later than the following
ear are e em t from P on these rofits see the Tax credits and incentives section .
he ssue o benefi a ownersh has ome un er ta o fi e s rut n or treat

rates to a to ass e n ome su h as nterests en s an ro a t es the

Indonesia
re ent o su h n ome must be the benefi a owner he re ent must a so ro e

a ert fi ate o om e o n the orm re u re b the an ert fie b the r
home country tax authority that the recipient is a tax resident of that country. The CoD
n the orm re are b the other ountr s ta author t ma on be use n m te
r umstan es urther the o orm a so re u res a number o e arat ons to be ma e
b the re ent that a know e ges that the use o the treat ur s t on was not mere
or obta n ng the benefit o the treat hese e arat ons a e onerous ob gat ons on
both the n ones an a er an the re ent ent t thout a ert fie o a at a
rate o w a hese as e ts nee to be ons ere when a ng n ome o th s
nature.
rti le n ome Tax

h st a a ab e to the o ow ng
vent Tax rate (%) Tax base

1 The import of: m ort val e i.e. C
a. Certain end customer goods 10 value plus duties
a able
b. nd c stomer goods other than a .
c. oods other than a and b sing an m orter
dentification mber Angka Pengenal Impor or AP
i. o beans, wheat, and o r wheat 0.5
ii. ther than i 2.5
d. oods other than a and b witho t an AP .
2 The auctioned imported goods . Auction prices
3 he sale of goods to the government re iring a ment 1.5 Selling prices
from the State Treasury and Proxy of Budget User
Kuasa Pengguna Anggaran or PA 1
4 he sale of goods to tate wned nter rises 1.5 Selling prices
adan saha i i e ara or and some
of their s bsidiaries 1
5 he rchase of oil f el b state owned gas stations 2 0.25 Selling prices
6 he rchase of oil f el b rivate gas stations 2 0.3 Selling prices
The purchase of oil fuel by parties other than state and 0.3 Selling prices
rivate gas stations 2
8 he rchase of gas f el 2 0.3 Selling prices
The purchase of lubricants 0.3 Selling prices
10 The purchase of cement by local distributors 0.25 Selling prices
11 The purchase of paper products by local distributors 0.1 Selling prices
12 The purchase of steel products by local distributors 0.3 Selling prices
13 The purchase of automotive products by local 0.45 Selling prices
distributors
14 The purchase of pharmaceutical products by local 0.3 Selling prices
distributors
15 he rchase of motor vehicles from ole Agents Agen 0.45 Selling prices
T n a eme an ere or A P , Agents Agen
eme an ere or AP , and general im orters
16 The purchase of materials by manufacturers or 0.25 Selling prices
e orters in forestr , lantation, agric lt re, cattle
breeding, and fisher 1
1 he e ort of coal, metal, and non metal minerals 1.5 ort val e
by exporters other than those engaged in a mining
cooperation agreement or a contract of work with the
government
18 he rchase of coal, metal, and non metal minerals 1.5 Selling prices
from companies or individuals holding a mining license
in saha ertam an an or P 1

Indonesia
vent Tax rate (%) Tax base

1 he sale of gold bars from man fact rers 0.45 Selling prices
20 The purchase of very luxurious goods 5 elling rices
Notes
1. n events , , 16 , and 1 , the PPh 22 collectors m st withhold PPh 22 from the amo nt a able
to a artic lar vendor, e ce t a ments for the rchase/ se of
• oil f el, gas f el, l bricants, ostal rod cts
• water and electricity
• oil, gas incl ding stream b rod cts from a contractor of a P C or contractor s head office,
and
• geothermal and electricit from a contractor of a oint o eration contract.
here is also an e em tion for the rchase of goods with a val e of to 2 million, 10
million, and 20 million for events , , and 16 res ectivel . n the other events, the im orter or
the buyer of the designated goods must pay PPh 22 in addition to the amounts payable for the goods
imported or purchased.
2. he withheld PPh 22 constit tes a re a ment of cor orate/individ al income ta liabilities, e ce t

for the rchase of oil and gas f el b distrib tors/agents, which is categorised as final ta .
3. em tion a lies on the rchase of ver l
22 in event 20 .
rio s motor vehicles since it is alread s b ect to PPh
I
4. em tion a lies on the sale to ank ndonesia.
he ta oes not a e ther automat a or w th an em t on ert fi ate ssue b

the on the o ow ng t es o e ents
• m ort ur hase o goo s not sub e t to n ome ta

• m ort o goo s e em te rom m ort ut es an or sub e t to m ort ut
or where s not o e te
• oo s that ha e been tem orar m orte e goo s or re e ort
• oo s or re m ort ng e e orte an re m orte n the same ua t or to be
re a re teste or subse uent re e ort ng
• m ort o go bars or the ro u t on o ewe er or re e ort
• ur hase o goo s re ate to the use o go ernment s hoo o erat ons subs
a a asi a a or un
a a ers w thout a a ent fi at on umber w be sub e t to a sur harge o n

addition to the standard tax rate.
Tax administration
ayments o tax and tax returns filing
a ab t es or a art u ar er o or ear must t a be a to the tate reasur
through a es gnate ta a ment bank a s si) and then accounted for at the
o fi e through the fi ng o the re e ant ta returns he ta a ments an ta
return fi ng or a art u ar ta must be un ertaken month or annua e en ng
u on the ta ob gat on n uest on hese a ments an fi ng ob gat ons an a so be
on u te e e tron a a a ments shou genera be on u te e e tron a
starting from 1 July 2016.
or orate ta ab t es ma be sett e e ther b re t a ments th r art

w thho ngs or a omb nat on o both onth ta nsta ments onst tute the first
art o ta a ments to be ma e b ta a ers as a re a ment o the r urrent ear
ab t month ta nsta ment s genera a u ate us ng the most re ent
return he ta w thhe b th r art es on erta n n ome or ta to be a n a an e
on erta n transa t ons e m orts a so onst tute re a ments or the urrent ear
or orate ta ab t o the n ome re ent or the art on u t ng the m ort the
total amounts of tax paid in advance through the year are less than the total CIT due,

Indonesia
the om an on erne has to sett e the short a be ore fi ng ts return eturns or

transa t on ta es su h as must be fi e on a month bas s
summar o these ta ob gat ons s as o ows
Monthly tax obligations
Type of tax Tax payment deadline Tax return lin deadline

Article 21/26 Pa roll The 10th day of the following The 20th day of the following
month month
Article 23/26 Income Tax The 10th day of the following The 20th day of the following
month month
Article 25 Income Tax Instalment The 15th day of the following The 20th day of the following
month month
Article 22 Income Tax on imports/ The 10th day of the following The 20th day of the following
payments to Tax Collectors month month
Article 2 inal ncome a The 10th day of the following The 20th day of the following
month month
VAT and LST Prior to the ta ret rn filing The end of the following
deadline month
Annual tax obligations
Type of tax Tax payment deadline Tax return lin deadline

CIT The end of the fourth month after the book year end The end of the fourth month
before filing the ta ret rn after the book year end
PBB Six months after the receipt of a Tax Due N/A
otification etter from the
Penalties
ate a ments o the abo e ta es n ur nterest ena t es at er month w th a
ma mum o art o a month or e am e a s ng e a s ons ere a u month
ate fi ng o a ta return or a ure to fi e a ta return n urs an a m n strat e ena t at

the following amounts:
Type of tax return IDR

VAT return 00,000
Other monthly tax returns 100,000
CIT return 1,000,000
Tax assessments
Indonesia uses a self-assessment system under which taxpayers are trusted to calculate,
pay, and report their own taxes in accordance with prevailing tax laws and regulations.
owe er the ma ssue ta assessment etters to a art u ar ta a er t fin s
that base on a ta au t or on other n ormat on the ta a er has not u a a
ta ab t es ta assessment etter ma a so be ssue b the to a ta a er who
gnores a warn ng etter to fi e a ta return w th n a s e fie er o a ure to ma nta n
books n a or an e w th the res r be stan ar s s another on t on that ma ea
the to ssue an o fi a ta assessment
Tax audit pro ess

The tax audit of a company may cover only a particular tax or all taxes for a particular
ta er o a ta month or ta ear t ma be on u te at the om an s rem ses at
the o fi es or at both

Indonesia
Conditions triggering a tax audit

ta re un re uest w a wa s tr gger a ta au t ue to the re u rement or the
to e e on a re un re uest w th n months a ta au t w t a beg n rom
a few weeks to several months from the refund request date. A corporate tax refund
request will normally trigger a complete tax audit covering all taxes. A refund request of
an other ta w norma tr gger a ta au t o er ng on one art u ar ta he
w ke broa en the ta au t s o e to n u e other ta es
Other events that may trigger a tax audit include the following:
• ta return n an o er a ment os t on not ne essar a om an e b a re un

request).
• An annual income tax return presenting/claiming a tax loss.
• he ta a er has hange ts fis a ear or bookkee ng metho or er orme fi e
assets revaluation.
• ta return not fi e w th n the res r be t me or fi e a ter the ea ne state n a
warn ng etter wh h has been se e te to be au te base on a r sk ana s s
• ta return meet ng erta n un s ose r ter a
Statute o limitations I
he an ssue an un er a ta assessment etter w th n fi e ears a ter the
n urren e o a ta ab t the en o a ta er o month or the en o art o a ta
year.

Indonesia is largely a self-assessment tax environment, and enforcement remains a
r or t o the ta author t es he ont nues ts e orts n m ro ng om an e b
target ng ta au ts on trans er r ng an erta n n ustr es art u ar those n the
oil and gas and coal mining industry).
n the other han the has a so ma e some e orts to o e t more n ormat on

from various sources and is issuing several incentives to increase tax compliance as well
as boost ng nat ona ta re enue e n ent es or the a ment o ta n arrears an the
sunset policy that eliminates or reduces administrative sanctions in certain cases).
t er issues
Business ombinations and splits
rans ers o assets n bus ness mergers onso at ons or bus ness s ts must genera
be ea t w th at market a ue a ns resu t ng rom th s k n o restru tur ng are
assessab e wh e osses are genera a mab e as a e u t on rom n ome owe er
a ta neutra merger or onso at on un er wh h assets are trans erre at book a ue
an be on u te but are sub e t to the a ro a o the o obta n th s a ro a the
merger or onso at on an n uest on must ass a bus ness ur ose test a r en
arrangements are roh b te an ta osses rom the omb n ng om an es ma not be
passed to the surviving company.
ub e t to a s m ar s e fi a ro a the same on ess on s a so a a ab e or

bus ness s ts that onst tute art o an n t a ub o er ng an n th s ase
w th n one ear o the s a ro a be ng g en the om an on erne must ha e
made an effective declaration regarding registration for an IPO with the OJK. In the
e ent o om at ons be on the om an s ontro the er o ma be e ten e b
the or u to our ears
Tax in ormation ex ange agreements T E s

Indonesia has TIEAs with the following jurisdictions:

Indonesia
• ahamas
• ermu a
• uernse
• s e o an
• Jersey
• an ar no
Notes
1. atified b t not et effective, ending the e change of ratification doc ments.

2. he A has been signed, ending the ratification of the A and the e change of ratification
documents.
utual dministrati e ssistan e in Tax atters

n ones a s gne the on ent on on utua m n strat e ss stan e n a atters on
o ember an rat fie t on tober n ones a a so s gne a u t atera
Competent Authority Agreement on Automatic Exchange of Financial Account
n ormat on on une an s omm tte to a th s us ng the ssue b the
OECD.
S oreign ount Tax omplian e t T

n ones a has r n a agree to s gn the nter o ernmenta greement or
FATCA compliance purposes.

Japan
PwC contact
Kazuya Miyakawa
PwC Tax Japan
Kasumigaseki Building 15 FL
2-5, Kasumigaseki 3-chome
Chiyoda-ku, Tokyo 100-6015
Japan
Tel: +81 3 5251 2462
Email: kazuya.miyakawa@jp.pwc.com

Tax e orm
On 29 March 2016, the 2016 Tax Reform Act was approved by the Diet, and, on 31
March 2016, the 2016 Tax Reform Act, the Enforcement Orders, and Regulations were
promulgated, which are effective for corporate tax years beginning on or after 1 April
2016, in principle.
The 2016 Tax Reform Act provides for tax measures to help realise ‘economic virtuous
es b re u ng the e e t e or orate ta rate rom fis a ear n a t on J
several measures were approved to expand the taxable base to make up for the revenue
loss from the tax rate reduction (i.e. changes in the depreciation method, changes in the
incentive tax system, changes to the size-based enterprise tax system).
n a t on base on the re ommen at ons o t on o the fina rgan sat on or

onom o o erat on an e e o ment base eros on an rofit sh t ng
(BEPS) report issued in October 2015, new reporting obligations for transfer pricing
documentation are implemented.
apan Taiwan agreement on tax matters

On 26 November 2015, the de facto diplomatic organisations representing both Japan
and Taiwan completed negotiations on a comprehensive income tax agreement. Along
with treating residents and domestic corporations the same in each jurisdiction,
residency tie-breaker rules, non-taxable income to Taiwan residents, arbitration
measures for transfer pricing, and information exchange measures were also agreed to.
The above treatment is expected to take effect on income on or after 1 January 2018.
onsumption tax
The consumption tax increase remains on schedule to rise to 10% on 1 April 2017;
however, concessions have been introduced with lower rates for selected goods to lessen
the burden for the lower income tax brackets. To cope with the multiple consumption
tax rates, an invoicing method will be introduced, although not until 1 April 2021, with
transitional measures in place for the four-year interim.

A domestic corporation in Japan is taxed on its worldwide income, including foreign
branch income, while 95% of dividends received by a company from a foreign company
in which it has held at least 25% (or could be lower under relevant tax treaties) of the
outstanding shares for a continuous period of six months or more can be excluded
from the company’s taxable income. See the description of Dividend income in the Income
determination section for more information.
A foreign corporation is taxed only on its Japan-source income.
www.pwc.com/taxsummaries Japan 142

Japan
orporation tax
he or orat on ta rates are ro e n the tab e be ow e e t e rom fis a ears
beginning on or after 1 April 2016 and 1 April 2018).
Corporation tax rate (%)

Company size and income 1 April 2016 1 April 2018
Paid-in capital of over 100 million Japanese yen (JPY) 23.4 23.2
Paid-in capital of JPY 100 million or less, except for a company
wholly owned by a company that has paid-in capital of JPY 500
million or more:
First JPY 8 million per annum 15.0 Undecided
Over JPY 8 million per annum 23.4 23.2
ational lo al orporate tax

or orate ta a ers are ob gate to fi e an a the nat ona o a or orate ta at a
fi e rate o o the r or orate ta ab t es or fis a ears beg nn ng a ter r
2017, the national local corporate tax rate will increase to 10.3% while the inhabitants’
tax (see below) will decrease.
Standard enterprise tax and lo al orporate spe ial tax

Enterprise tax is imposed on a corporation’s income allocated to each prefecture. This
allocation is generally made on the basis of the number of employees and number of
o fi es n ea h o at on he o a or orate s e a ta wh h s a rate mu t e b the
income portion of enterprise tax, will be abolished from 1 April 2017 and replaced by
enterprise tax (including a size-based tax regime).
The standard rates of enterprise tax, including local corporate special tax, are shown
below.
Taxable base Enterprise tax (%) Local corporate special tax

First JPY 4 million per annum 3.4
43.2% of the current
Next JPY 4 million per annum 5.1
enterprise tax
Over JPY 8 million per annum 6.7
the a n a ta o a or orat on s m on or more an the or orat on

has places of business in more than two prefectures, the graduated rates above are not
applicable.
For utilities and insurance companies, the standard tax rate is shown as follows:
Taxable base Enterprise tax (%) Local corporate special tax

Net revenue (net utility charges or net 0.9 43.2% of the current enterprise tax
insurance premiums)
Si e based enterprise tax and lo al orporate spe ial tax

nstea o the abo e genera enter r se ta a s e base enter r se ta Gaikei Hyojun
Kazei s a e to a om an whose a n a ta s more than m on as o
the year end.
Factors such as the size of a corporation’s personnel costs and its capital (the amount
of paid-in capital) will determine the additional amount of tax payable. The existing
rofit base enter r se ta w a so ont nue to a at the ta rates n ate be ow
Therefore, a loss company in Japan may be required to pay tax based on value-added
activities and the corporation’s paid-in capital.
143 Japan PwC Worldwide Tax Summaries

Japan
The applicable standard rates, due to the 2016 Tax Reform, are as follows:
Size-based enterprise tax (%)

Before 2015 2015 Tax 2016 Tax
Taxable base Tax Reform Reform Reform
Fiscal year beginning 1 April 2014 1 April 2015 1 April 2016
Value added base 0.48 0.72 1.2
Capital base 0.2 0.3 0.5
First JPY 4 million 3.8 (2.2) 3.1 (1.6) 1.9 (0.3)
Income base * Next JPY 4 million 5.5 (3.2) 4.6 (2.3) 2.7 (0.5)
Over JPY 8 million 7.2 (4.3) 6.0 (3.1) 3.6 (0.7)
Local corporate special tax (the rate
is multiplied by the income base of
size-based enterprise tax), which 67.4 93.5 414.2 **
is collected as national ta b filing
corporate tax returns
* The rate shown for the income base is the total income-based tax including (i) the portion collected
as part of the national tax return and (ii) the portion included as part of the enterprise tax return. The
portion in parentheses of the income base column shows the amount collected as an enterprise local
tax (the difference is collected as a national tax). The above rate changes for income base may not affect
taxpayers who have elected consolidated taxation since consolidation is not applicable for local tax J
purposes.
** The local corporate special tax will be abolished from 1 April 2017 and replaced with an increase to the
enterprise tax rate.
n abitant s tax
nhab tant s ta s m ose on a or orat on s n ome a o ate to ea h re e ture an
city (municipal borough). The allocation is generally made on the basis of the number of
employees, in the same way as enterprise tax.
The standard tax rate is 3.2% as prefectural tax and 9.7% as municipal tax. However, the
tax rate is increased to 4.2% for prefectural tax and 12.1% for municipal tax, depending
u on the eterm nat on o ea h o a go ernment rom fis a ears beg nn ng on or
after 1 April 2017, the rate is increased as follows:
Current Expected from 2017

Standard Maximum Standard Maximum
Inhabitant’s tax rate (%) rate (%) rate (%) rate (%)
Prefectural tax portion 3.2 4.2 1.0 2.0
Municipal tax rate 9.7 12.1 6.0 8.4
Local corporate tax rate 4.4 10.3
n a t on to the abo e nhab tant s ta s m ose on a er a ta bas s n the range

rom n ases where the amount o a n a ta s m on or ess
an the number o em o ees n ea h re e ture an t s or ess to m on
n ases where the amount o a n a ta s o er b on an the number
of employees in each prefecture and city is over 50). The inhabitant’s tax amount is
determined by the local government by the factors of paid-in capital and the number of
employees.
E e ti e tax rate
The total corporate income tax burden (i.e. effective tax rate) varies depending upon the
size of a company’s paid-in capital. Since enterprise tax is deductible, the effective tax
rate is less than the total of the statutory rates of corporation tax, inhabitant’s tax, and
enterprise tax.

Japan
The following is the summary of the effective applicable tax rates in the case of small
and medium enterprises (SMEs) and large corporations operating in Tokyo (taking no
thought of an additional-value-based tax and capital-based tax out of the enterprise tax
above):
Effective corporation tax rate (%)

Tax year SMEs Large corporations
Beginning on or after 1 April 2016 34.81 30.86
Beginning on or after 1 April 2018 34.60 30.62 *
ince the e cess rate for fiscal ear 2016 is not et determined, the rate is calc lated with the standard
rate multiplied by the excess rate for 2016.
orporate residen e
omesti and oreign orporation
om an that has ts hea o fi e n a an s a omest or orat on he nat ona t o
its shareholders or place of central management is not relevant.
A corporation other than a domestic corporation is regarded as a foreign corporation.

Under domestic tax law, the scope of Japan-source income in respect of which a foreign
corporation is taxable depends upon the type of taxable presence that it has in Japan.
The types of taxable presence that a foreign corporation may have in Japan include the
following:
• ran h a tor other fi e a es n wh h bus ness s on u te n a an m ne

uarr bu ng or rent et but e u e a s e fie a e use on or the bus ness
of purchasing assets and for keeping them (Direct PE).
• Construction, installation, assembly project, or supervisory services related thereto
for a period of greater than one year.
• Certain agents (Agent PE), as follows:
• A person in Japan who has an authority to conclude contracts for a foreign
corporation (excluding contracts to purchase assets) and exercises such authority
continuously (Contracting Agent).
• A person in Japan who keeps for a foreign corporation a certain quantity of assets
su fi ent to meet or nar eman rom the ore gn or orat on s ustomers an
delivers the said assets to the customers according to their requirements (Fills
Order Agent).
• A person in Japan who, solely or principally for or on behalf of a foreign
corporation, habitually performs an important part of solicitation of orders,
negotiations, or other acts leading up to the conclusion of contracts with respect to
the business of the foreign person (Secure Order Agent).
As a matter of law, the articles of Japan’s tax treaties have precedence over domestic tax
aw n genera there are no s gn fi ant eren es between the efin t ons o un er
domestic tax law and Japan’s tax treaties. However, once a PE has been established for a
foreign corporation under domestic law, all Japan-source income is taxable to the PE (as
opposed to just income ‘attributable to’ the PE, as is the case under most treaties).
Note that Japanese domestic rules with regard to the taxation of PEs in Japan are
consistent with the revised Model Tax Convention from tax years commencing on or
after 1 April 2016.

Japan
t er taxes
onsumption tax
Consumption tax (value-added tax or VAT) is levied when a business enterprise transfers
goods, provides services, or imports goods into Japan. The applicable rate is 8%. As of 1
April 2017, the rate will increase to 10%. Exports and certain services to non-residents
are ta e at a ero rate e fie transa t ons su h as sa es or ease o an sa es o
securities, and provision of public services, are not subject to taxation.
Consumption tax paid by the business enterprise attributable to taxable revenue shall
be re tab e re un ab e b fi ng the onsum t on ta return to the e tent that su h
transaction is recorded in the accounting book and relevant invoices are kept.
n res onse to the n rease n onsum t on ta rate to rom r ower

consumption tax rates on certain goods will be introduced. Also, in response to the
mu t e ta rates an n o e s stem w be ntro u e rom r n the our
year transitional period to the introduction of an invoice system, several measures will
be implemented.
The lower consumption tax rate of 8% will still apply to food (excluding when purchased
in restaurants) along with newspaper subscriptions where there is at least an issue twice
per week. Until the invoice system is introduced, the credit for consumption taxes paid J
will follow the current method for tracking, where the lower tax rate on applicable items
should be indicated in the invoice. With the increased administration cost of tracking
the erent rates the s m fie metho o eterm n ng onsum t on ta es a w be
allowed.
ter the new n o e s stem s ntro u e ua fie n o es ssue b the reg stere
businesses should be maintained for claiming credits of consumption taxes paid.
us nesses other than e em t ent t es w nee to fi e an a at on w th the r ta
o fi e to be ome ua fie or ssu ng ua fie n o es n at ng eta s su h as the
business registration number, the applicable tax rate, etc.
Note that due to the 2015 Tax Reform, consumption tax is imposed on the cross-border
provision of digital services (e.g. e-books, music, and advertising) by foreign service
ro ers on or a ter tober n th s res e t a re erse harge me han sm
has been introduced for business-to-business (B2B) transactions, and foreign service
providers may need to register for consumption tax purposes with regard to business-to-
consumer (B2C) transactions.
Also, Japanese sponsors are subject to a reverse-change system for sports or music/
art attractions in Japan provided by foreign entertainment providers. This amendment
applies to the provision of services on or after 1 April 2016.
ustoms duty
A customs duty is levied on imported goods based on the custom tariff table.
Ex ise taxes
Excise taxes were abolished by introduction of consumption tax.
ixed assets tax

he annua fi e assets ta s e e b the o a ta author t es on rea ro ert an
e re ab e fi e assets use or bus ness ur oses ea ro ert s ta e at
(standard rate including city planning tax) of the value appraised by the local tax
author t es he e re ab e fi e assets ta s assesse at o ost a ter statutor
depreciation.

Japan
Stamp duty
A stamp duty is levied on certain documents prepared in Japan. The tax amount is
generally determined based on the amount stated in the document.
egistration and li en e tax

Registration and licence tax is levied where certain property is registered, at a rate from
to o the ta ab e bas s or at a fi e amount he ta ab e bas s e en s u on the
property being registered (e.g. the amount of paid-in capital registered by a company or
the value of real estate as assessed by local tax authorities).
ayroll taxes
n genera the em o er has an ob gat on to w thho a ro ta es month an or
annual year-end adjustment.
abour and So ial nsuran e

There are four types of insurance systems in Japan that enterprises employing workers
that meet certain conditions must enrol in. Workers’ accident compensation insurance
is borne entirely by the employer. Employment insurance, health insurance/nursing
care insurance, and employees’ pension insurance is born by both the employer and
employee.
The employer is generally liable to pay a share of the following contributions on salary or
bonus n u ng r nge benefits to be a n a an he em o er s share ons sts o the
following contributions:
Standard premiums on Standard premiums

Contribution monthly salary on bonus
Health insurance for the 4.985% (on a maximum of JPY 4.985% (on an annual cap
Metropolis of Tokyo (each 1,210,000 of wages per month) of JPY 5.4 million of irregular
prefecture has its own health annual total payments)
insurance rate, and rates are
slightly higher for individuals
between the ages of 40 and 65)
Welfare pension, plus child 8.887% (on a maximum of JPY 8.887% (on a maximum of
allowance (1) 620,000 of wages per month) JPY 1.5 million of irregular
payments per month)
Employment insurance 0.85% 0.85%
Total (2) 14.722% 14.722%
Notes
1. The rate of 8.737% for welfare pension will be applied from September 2014 to August 2015.
Premiums on child allowance will be imposed separately at 0.15%.
2. In addition, workers’ accident compensation insurance will be imposed. The rate varies depending on
the type of business.
amily orporation tax

an n ua shareho er together w th am members own e ther re t or
indirectly, more than 50% of the total issued shares or voting rights of a Japanese
corporation, the corporation is treated as a family corporation (with the exception of
or orat ons w th a n a ta o m on or ess an s sub e t to the am
corporation tax in addition to corporation tax.
A family corporation is liable for an additional tax at the rates shown below on its
un str bute urrent earn ngs n e ess o s e fie m ts
Taxable undistributed current earnings Family corporation tax rate (%)

First JPY 30 million per annum 10

Japan
Taxable undistributed current earnings Family corporation tax rate (%)

Next JPY 70 million per annum 15
Over JPY 100 million per annum 20
Business premises tax

Business premises tax is levied and designated by each city in Japan, such as Tokyo,
Osaka, Nagoya, Fukuoka, and other cities with a population of more than 300,000. A
company that uses business premises in excess of 1,000 square metres and/or has more
than 100 employees in a designated city is responsible to pay this tax based on the usage
o the bus ness er s uare metre an gross a ro o gross a ro
Bran in ome
ran h rofits are ta e n the same manner as or orate rofits owe er the am
or orat on ta oes not a to a bran h o a ore gn or orat on n a t on no
w thho ng ta s m ose on the re atr at on o bran h rofits to the home
o fi e
n ome determination J
The taxable income of a corporation is the aggregate income from all sources. There
s no s e fi re u rement to erent ate between the t es o n ome n r n e
accounting for tax purposes follows Generally Accepted Accounting Principles (GAAP) in
Japan, and income of a corporation is determined on an accrual basis.
n entory aluation
n entor ost shou be eterm ne b a ng one o the o ow ng metho s a e te
or or orate ta ur oses a tua n ua ost first n first out we ghte
average, moving average, most recent retail, selling price reduction, and lower of cost or
market.
apital gains
a ta ga ns an osses are ass fie as or nar n ome an osses res e t e
n er erta n r umstan es e g ua fie re n estment e hange ro ert ta es

generally levied on capital gains may be deferred (i.e. provided rollover relief) as long as
certain requirements are met. A special relief is available in the case of expropriation of
real property by either the national or local government.
The recognition of capital gains or losses from the transfer of certain assets between
group companies are to be deferred until the asset is transferred to another group
company or a non-group company.
i idend in ome
n the a e orm t the thresho ownersh er entage or or orate en
exclusion increased as illustrated in the following table.
The amendments apply to dividends received by a corporation on or after 1 April 2015.

e ore the amen ments the en n ome e us on or an a fi ate omest
corporation’ was allowed to the extent that the shareholder ownership duration was
for six months or more until the dividend declaration date. After the amendment,
the ho ng er o s hange to the s months or more unt the fis a ear en or
which the dividend will be paid. The dividend income exclusion for an ‘other domestic
corporation‘ and ‘portfolio investment’ is allowed by reference to the ownership
er entage as o the fis a ear en or wh h the en w be a

Japan
Before amendments After amendments

Type of Ownership Exclusion Type of Ownership Exclusion
investment % % investment % %
Wholly owned Wholly owned
domestic 100% 100% domestic 100% 100%
subsidiary subsidiary
Affiliated 100% less
Affiliated 100% less domestic More than 1/3 allocable
domestic 25% or more allocable corporation interest (1)
corporation interest
Other More than 5%
domestic but less than 50%
50% less corporation 1/3
Other domestic
Less than 25% allocable
corporation Portfolio Less than 5% 20% (2)
interest
investment
Investment A maximum of 50% of net ETF 20% (treated
trust (3) income less interest expense as a portfolio
(including of a domestic investment investment)
exchange trust can be treated as a
trust fund dividend from an ‘other’
[ETF], foreign domestic corporation (i.e.
currency 50% less allocable interest is
denominated excludible). The percentage
trusts, of income from an investment Other
and other trust that can be treated as investment 0%
investment a dividend depends upon trusts
trusts) the type of investment trust.
ETF: 100% Foreign currency
denominated investment
trusts: 25% Other investment
trusts: 50%
Notes
1. nder certain sim lified calc lations to determine allocable interest, the base eriod is the fiscal
years beginning between 1 April 2015 and 31 March 2017.
2. For dividends from portfolio investments received by insurance companies, the exclusion percentage
will be 40%.
3. ot incl ding bond investment tr sts, foreign investment tr sts, and s ecific t es of foreign
currency denominated investment trusts.
95% of dividends received by a company from a foreign company in which it has

held at least 25% of the outstanding shares for a continuous period of six months or
more, ending on the date on which the dividend is declared, can be excluded from the
company’s taxable income.
the ore gn om an s res ent n a ountr w th wh h a an has on u e a ta

treaty for the avoidance of double taxation, and such treaty provides for the allowance
o an n re t ore gn ta re t or ta es a b the ore gn om an on the rofits
out of which the dividend is paid where the company holds a certain percentage of the
foreign company’s outstanding shares (e.g. 10% based on the tax treaty between the
United States and Japan), that percentage will apply for the purpose of determining the
a a ab t o the abo e e em t on to the e tent that t s ower than
The BEPS Action Plan 2 proposed that measures be taken to neutralise the tax effects of
so-called ‘hybrid mismatch’ arrangements where, because of differences in the treatment
of certain payments between jurisdictions, an item of income is not taxed in either the
payer or the payee country because the payment is deductible in the payer country but
not taxable in the recipient country. Thus, the recommendation in the BEPS Action Plan
is to modify local tax law in order for the recipient country to tax the receipt.

Japan
Before the 2015 amendment, any dividends received by a Japanese corporation from a
ore gn a fi ate was e em t rom ta at on n a an regar ess o the ta treatment
n the a er ountr h s os t on was ar fie n uest on an answer gu an e
issued by the National Tax Agency. Based upon the recommendation of the BEPS Action
Plan 2, the 2015 Tax Reform Act excludes such types of dividends from the dividend
exclusion regime. As a result, any dividends paid to Japanese corporate taxpayers
under so-called ‘mandatorily redeemable preferred shares’ (MRPS) issued by Australian
a fi ates or b ra an a fi ates where the en s are a n a manner s m ar
to interest and deductible for Brazilian tax purposes will no longer be excluded from
taxation in Japan.
To the extent any portion of the dividend is deductible for foreign tax purposes, the
general principle is that all of the dividend should be taxable in Japan. However, if
a portion of the dividend is not tax deductible in the foreign jurisdiction, dividend
exclusion will be allowed only if the taxpayer discloses all of the appropriate information
regarding the portion of the dividend that is not deductible in the foreign jurisdiction
an ba ku eta s or the a u at on n a t me fi e ta return an ma nta ns the
relevant documents for inspection by the tax authorities.
Any foreign tax imposed on the taxable dividend in Japan will be eligible for foreign tax
credit relief.
J
The new rules apply for any dividends received by a Japanese corporate taxpayer whose
fis a ear began on or a ter r owe er the a anese or orate ta a er
owne the sto k o the ore gn a fi ate as o r en s re e e or ears
beginning between 1 April 2016 and 31 March 2018 will be subject to the old rules (i.e.
still eligible for exclusion).
he or en s s a ab e at a rate o nat ona ta an o a ta or

20% (national tax) depending on the type of stock from which the dividends were
received, and a tax credit may also be available for such WHT. The WHT (national tax)
is subject to the income surtax of 2.1%, which is levied for the income earned for the
period from 1 January 2013 through 31 December 2037.
nterest in ome
nterest re e e s n u e n ta ab e n ome he or nterest s a ab e at
a rate of 15% national tax and 5% local tax and a tax credit may be available for such
WHT. As with dividend income, the WHT (national tax) is subject to the income surtax
of 2.1%, which is levied for the income earned for the period from 1 January 2013
through 31 December 2037. Note that under the 2013 Tax Reform, only national tax
will be withheld at source for interest income received on or after 1 January 2016 by a
corporate recipient.
oreign in ome
A Japanese corporation is subject to Japanese corporate income taxes on its worldwide
income. However, to avoid double taxation of foreign-source income, Japanese
corporations are allowed to claim a tax credit against corporation and inhabitant’s
taxes for foreign income taxes paid directly. See Foreign tax credit in the Tax credits and
i i ss i i ai
n str bute rofits o a ore gn subs ar e ontro e ore gn om an

located in a tax haven are included in the Japanese parent company’s taxable income
under certain conditions. A i a a si a ai s i
i ai

Japan
edu tions
Depreciation is deductible in the calculation of taxable income for corporation tax
purposes. Depreciable assets include tangible property (e.g. buildings, attachments
to buildings, structures, machinery and equipment). Certain intangible assets are also
eligible for amortisation (e.g. goodwill, patents, trademarks).
With regard to depreciation methods, a taxpayer may adopt one of the allowable
methods for each of the type of depreciable property, except for buildings and structures
and attachments to buildings. For selected structural improvements acquired on or
after 1 April 2016, only the straight-line method will be permitted (i.e. the declining-
balance accelerated depreciation method will no longer be allowed). Tangible property
is generally depreciated using either the straight-line method or the declining-balance
metho ntang b e ro ert s genera amort se un er the stra ght ne metho
Useful lives for assets are set forth on the table in detail. For reference, the following is
the brief table of useful lives for typical assets.
Types of assets Useful lives (years)

Concrete buildings 21 to 50 (depending on uses)
Metal building 12 to 38 (depending on uses)
Electrical facilities and lighting 15
Heating and air conditioning 15
Motor vehicles 3 to 6 (depending on uses)
Personal computers 4
Digital telephone equipment 6
Machinery and equipment 3 to 22 (depending on uses)
Patents 8
Software 3 or 5 (depending on uses)
Start up expenses
Start-up expenses, such as corporation organisation costs and opening costs (i.e. costs
to begin business after the corporation is established), are treated as deferred assets and
allowed to be amortised on a voluntary basis.
nterest expenses
nterest e enses on borrow ng are e u t b e n the a u at on o ta ab e n ome n
principle. However, the interest payment to related parties in the corporate group may
be disallowed to be deducted to some extent in certain cases. See ‘Thin capitalisation’ and
s s i i iai i a ai s i
eser es
Reserves recorded in the books of accounts, except for reserves for doubtful receivables
and return of goods not sold, are not deductible for corporate tax purposes.
Reserve for doubtful receivables

A reserve for doubtful receivables is available to SMEs, banks, insurance companies, and
other s m ar finan a or orat ons
The deductibility of a reserve for doubtful receivables is limited by the following

two components: (i) an estimate of irrecoverable amounts from a debtor and (ii) a
calculation of the limit in the aggregate based on either the actual historical bad debt
percentage or statutory percentage (reduced for large corporations), excluding the
irrecoverable amount of receivable in (i) above.

Japan
Reserve for return of goods not sold

A deductible reserve for return of goods not sold is available to corporations such as
publishers, wholesalers of books, and others, provided that the corporation sells the
merchandise under an unconditional repurchase agreement.
Except for certain designated donations, the tax deduction for charitable contributions is
limited to certain amounts, as follows:
Donation Deduction limit

General donation ((0.25% of capital plus capital surplus) + (2.5% of income)) x 1/4
Donation made to designated ((0.375% of capital plus capital surplus) + (6.25% of income)) x
public purpose companies 1/2
onat ons sub e t to th s m tat on n u e e onom benefits ons ere to be g en as

a subs onat ons to ore gn a fi ates are not u e u tbe
n ases where a onat on o urs between grou om an es as efine there w be

no tax implications for either the donor or donee (i.e. no deduction for the donor and no
taxation for the donee).
J
ire tors remuneration
The remuneration paid to directors is deductible only in the following three cases:
• Fixed monthly payments.

• e a ments n a or an e w th an a an e not e to the ta o fi e
• Performance bonuses paid in proportion to the company’s earnings to directors
who engage in the operation of the company’s business, to the extent that certain
requirements are met.
• Corporations remunerating individuals with restricted shares in return for the
provision of future services will be able to deduct the cost on the date of vesting. This
treatment will apply to restricted shares granted by corporate resolutions on or after
1 April 2016. Remuneration by corporations to directors in the form of restricted
shares will not require advance notice to claim a corporate deduction.
the amount o remunerat on s eeme unreasonab e b the ta author t on the

reasonable amount is deductible for tax purposes.
n rn e enterta nment e enses are not e u t b e or ta ur oses owe er an
efine as a om an w th a n a ta o m on or ess e e t or a
om an who owne b a om an that has a n a ta o m on or more
after the group taxation regime is effective) may take a tax deduction up to the smaller
o the a tua sbursement or the enterta nment e ense or m on th regar
to expenses for eating and drinking, a company may deduct such expenses as far as the
e ense oes not e ee er erson e u ng e en tures or nterna
purposes) for tax purposes.
The corporations will be able to deduct 50% of the entertainment expenses for food and
drink (excluding entertainment for internal purposes).
he abo e treatment s a ab e to the fis a ears beg nn ng be ore ar h
ines and penalties

Fines and penalties are not deductible.

Japan
Taxes
Enterprise tax and business premises tax are deductible in the calculation of the taxable
income for corporation tax purposes on a cash basis. However, corporation tax and
inhabitant’s tax are not deductible. Fixed assets tax and other taxes are deductible, when
assessed. Foreign income taxes also may be deductible if the Japanese corporation does
not elect to claim a foreign tax credit.
et operating losses
For corporation tax and enterprise tax purposes (indirectly for inhabitant’s tax
purposes), a tax loss can be carried forward to offset future income in the case that a
ta a er fi es a b ue orm ta return s a si a a i is a i s i ) or
if the tax loss is incurred as a result of certain disaster events.
Based on the 2016 Tax Reform Act, changes in the limitation for the net operating loss
deduction will be implemented over three years. Thereafter, the limitation will be
reduced to 50%, although the limitation carryover period will be extended from the
current nine years to ten years for losses incurred on or after years beginning on or after
1 April 2018. SMEs are not subject to the loss deduction limitation.
Fiscal year Fiscal year Fiscal year Fiscal year

2015 (1) 2016 2017 2018
Limitation ratio for large corporations 65% 60% 55% 50% (2)
Carryover period for loss utilisation as 9 years 9 years 9 years 10 years (2)
well as assessment by tax authorities
and request for downward adjustment by
ta a er ass ming loss eriod financial
documentation is maintained)
Notes
1. or fiscal ears beginning on or after 1 A ril 201 and before 1 A ril 2016 in which the ta a er
claims a net operating loss deduction.
2. A licable to ta losses inc rred in fiscal ears beginning on or after 1 A ril 201 .
Certain newly established corporations and companies coming out of a rehabilitation

process will not be subject to the loss limitation rules for a certain period.
Years where regular

limitation applies even if
Type of corporation Years in which full deduction full deduction otherwise
applicable is allowable allowable
Newly established Seven years from establishment For years ending on or after (i)
corporations (1) and of the corporation or seven a company is listed on a stock
corporations coming out of years from the decision of the exchange, or (ii) the company
the rehabilitation process (2) court to exit the rehabilitation is deemed to be rehabilitated.
process.
Notes
1. SMEs, 100% subsidiary of larger corporations, or 100% parent corporation after share transfer are
excluded.
2. SMEs are excluded.
Where there is a change in ownership of a corporation followed by certain events, such

as the essat on o bus ness or a s gn fi ant hange n ts bus ness w th n a fi e ear
period following a business acquisition, the utilisation of its tax loss is restricted.

Japan
Carryback of tax losses is generally available for one year for national corporation tax
ur oses h s arr ba k ru e s sus en e unt the fis a ear en ng ar h
e e t n s e fie r umstan es e g ear o u at on
No carryback of losses is allowed for enterprise tax and inhabitant’s tax.

n or er to su ort a e u t on n a an or e enses n urre b a ore gn a fi ate
and charged to a Japanese corporation, in general, it should be demonstrated that the
ser e arrangement between the ore gn a fi ate an the a anese or orat on sat sfies
arm’s-length criteria for purposes of Japan’s transfer pricing laws and regulations.
enera ees that are a b a a anese subs ar to a ore gn a fi ate shou be

deductible for Japanese tax purposes if the following conditions are met:
• The services should have the same character as services that take place between non-
related companies or such services are essential to Japan’s activities.
• There is a written service agreement.
• The services were requested by the Japanese corporation.
• The rendering of services is documented with evidence (e.g. requests for services
rom the a anese subs ar regu ar n o es sent b the ore gn a fi ate
• The service charges are reasonable. J
roup taxation
onsolidated tax regime
Under the consolidated tax regime, a consolidated group can report and pay national
corporate income tax on a consolidated basis. A consolidated group may be formed
by a Japanese parent company and its 100% owned (directly or indirectly) Japanese
subs ar es he ta a er ma fi e an a at on to e e t a onso ate grou fi ng or
tax purposes, but the election must include all of the parent’s eligible subsidiaries. Once
the e e t on s ma e the onso ate fi ng n r n e annot be re oke un ess there
s a s e fi e ent su h as an ownersh hange that auses the ua ng on t ons o
a onso ate fi ng to a or an a at on to s ont nue the onso ate grou has
been approved by the Commissioner of the National Tax Agency (NTA).
The taxable income of the consolidated group is computed on a consolidated basis by

aggregating the taxable income or losses of each member of the consolidated group
o owe b the onso at on a ustments rofits rom ntra grou transa t ons e e t
or trans er o erta n assets as efine shou be n u e n the aggregate ta ab e
income. Gains or losses from the intra-group transfer of certain assets are deferred.
Pre-consolidation tax losses of a subsidiary can be carried forward into a consolidated

tax group if certain conditions are met, but may only be offset against taxable income of
the subsidiary for the calculation of consolidation income.
The consolidated national corporate income tax liability is determined by applying

the corporate income tax rate to the consolidated taxable income and adjusted for
consolidated tax credits. The total tax liabilities are allocated back to each member
om an he arent om an fi es the onso ate return an a s the nat ona
corporate income tax for the group; however, each member company remains jointly
and severally liable for the consolidated group’s total national corporate income tax
liability.
Local corporate income taxes levied on member companies are paid on a separate
company basis, but the amount of local tax payable may be affected because of the
onso ate fi ng

Japan
roup taxation regime

A group taxation regime is applicable to domestic companies that are wholly owned
by a domestic company, foreign company, or individual (‘group companies’). Unlike
the consolidated tax regime, the group taxation regime automatically applies to group
companies.
The key points of this regime are summarised as follows:
• The recognition of capital gains or losses from the transfer of certain assets (including
the trans er o assets as a resu t o a non ua fie or ta ab e merger between
group companies is deferred until the asset is transferred to another group company
or a non-group company. The scope of assets is the same as that under the tax
onso at on s stem e fi e assets an se ur t es monetar re e ab es an
e erre e enses e u ng se ur t es or tra ng ur oses an assets w th a book
a ue o ess than m on
• Where a donation occurs between group companies, there are no tax implications
for either the donor or donee (i.e. no deduction for the donor and no taxation for
the donee). Note that this treatment is not applied to a group company owned by an
individual. This is consistent with the treatment of a donation between members of a
consolidated tax group.
• A dividend received from a group company can be fully excluded from taxable
income without any reduction for allocable interest expense. This is consistent with
the treatment of dividends between members of a consolidated tax group.
A group company that would otherwise qualify as an SME on a stand-alone basis is not
e g b e or benefits e g re u e or orate ta rate re erab e a owab e rat os
for deductible portion of bad debt provisions, partial deductibility of entertainment
expenses, carryback of tax losses) if the SME is owned by a parent company or two or
more arent om an es o the grou that has a n a ta o m on or more
Where a corporation that is a member of a 100% group is in the process of liquidation

and is expected to be dissolved, any loss from the impairment or devaluation of the
shares of the liquidating corporation cannot be recognised by the parent company as a
tax deductible expense.
Trans er pri ing

a or orat on that s sub e t to or orat on ta se s ro ert to or bu s ro ert
from a foreign-related person, or provides services or conducts other transactions with
a foreign-related person, and consideration is received or paid by the corporation, the
transaction is required to be carried out at an arm’s-length price for corporation tax
purposes.
A foreign-related person is a foreign corporation that maintains certain special

relationships with the subject corporation, such as parent-subsidiary, brother-sister, or
substantial control relationship.
The arm’s-length price for the sales or purchase of inventory may be determined using
one of the following methods:
• Comparable uncontrolled price method.

• Resale price method.
• Cost plus method.
• Berry Ratio method.
• ther metho e rofit s t metho an transa t ona net marg n metho
The ‘most appropriate method’ should be applied in order to calculate the arm’s-length
price.

Japan
n a an e r ng agreement s stem s a a ab e to onfirm the arm s ength

r ng s stem ro ose b a ta a er n genera or orat ons enter ng nto an are
a se to fi e a re uest or mutua agreement ro e ures n or er to obta n the
agreement of the competent authorities of each country.
n tober the re ease the fina re ort ng a kage w th t on

relating to transfer pricing and related documentation. Taking into consideration the
compliance costs for taxpayers along with increased transparency, the 2016 Japan Tax
Reform Proposal requires the following documentation in order to adhere with the BEPS
project:
Document Required Information Submission Deadline Applicability

Country-by-Country Country revenue,
(CbC) Report pre-tax income, taxes
payable, etc. st be e filed within A licable for fiscal ear
one year of the last of the ultimate parent
Master File Group company fiscal da of the entity beginning on or
structure, business ultimate parent after 1 April 2016
o tline, financial
conditions, etc.
Local File Transfer pricing By due date of tax Applicable for corporate
documentation return, to retain for ta in fiscal ears
seven years beginning on or after 1 J
April 2017
T in apitalisation
nterest a on ebt to ontro ng ore gn shareho ers s sa owe to the e tent the
average balance of debt on which that interest is paid is more than three times the equity
o ontro ng ore gn shareho ers
nterest expense dedu tion limitation

The deductible portion of a corporation’s net interest expense to a related party is
restricted to 50% of the adjusted income. The net interest is calculated as interest
expense to related parties less corresponding interest income. The adjusted income is
efine as ta ab e n ome a ng ba k nterest e ense e re at on e ense an
exempted dividend income but excluding extraordinary income or loss.
nti tax a en ontrolled oreign ompany or rules

n str bute rofits o a ore gn subs ar e o ate n a ta ha en are
included in the Japanese parent company’s taxable income under certain conditions.
a ha ens are efine as erta n ountr es or terr tor es that o not m ose or orate
income tax or that tax the income of a foreign subsidiary at a rate of less than 20%.
A Japanese corporation owning a 10% or more direct or indirect interest in a CFC is

required to include its pro-rata share of the taxable retained earnings of the CFC in its
gross income under certain circumstances.
A dividend paid by a CFC is not deductible when calculating its undistributed income.

oreign tax redit
A Japanese corporation is subject to Japanese corporate income taxes on its worldwide
income. However, to avoid double taxation of foreign-source income, Japanese
corporations are allowed to claim a tax credit against corporation and inhabitant’s taxes
for foreign income taxes paid directly.

Japan
re tab e ore gn ta es are efine as ta es that are n urre re t b the

taxpayer; (ii) are levied by foreign governments and local authorities in accordance
with local tax laws; (iii) are levied on corporate income; and (iv) have the same
characteristics as Japanese income tax, corporation tax, and local income-based taxes. A
tax for which a refund can be claimed optionally by the taxpayer after the tax payment,
or a tax whose payment grace period can be decided by the taxpayer, is not regarded as
a foreign tax.
n or er to re ent the re t rom re u ng or orat on ta on a an sour e n ome

certain limitations are set on the amount of foreign taxes that can actually be credited.
The ceiling is 35% for the foreign taxes paid in the tax years beginning on or after 1 April
2012.
A foreign tax credit is not applicable for enterprise tax purposes, although foreign
branch income attributable to a business executed outside Japan is exempt from
enterprise tax.
Generally speaking, the foreign tax credit system does not apply to the extent the
dividend income from the foreign subsidiary is subject to the dividend exemption
system.
Foreign corporations with a PE in Japan should note that when a foreign corporation’s
PE in Japan is subject to taxation in Japan as well as in jurisdictions other than its
country of residence, double taxation may arise. To alleviate an unfair tax burden, a
foreign tax credit regime is also applicable to PEs in Japan similar to that which applies
to Japanese corporations. However, foreign tax (including WHT) paid in the enterprise’s
country of residency would not, in principle, be creditable under consequential changes
to the foreign tax credit regime.
Tax redit or resear and de elopment ost

he ta n ent e s the argest n ent e n terms o ta benefit n the a anese
corporate tax system. Thus, the Tax Commission Report, on one hand, wanted to
m t the ta re enue ost o the n ent e wh e a so ma nta n ng the benefit rom a
‘competitiveness’ perspective. Thus, the trend in the legislation is to reward increases
n s en ng rather than su ort e st ng s en ng wh h has been the ase n
the a e orm an s ont nue n the a e orm t n a t on there s
o us on the s e a wh h s the t e o that s ons ere ke to e e o
innovative basic research. This is illustrated as follows:
The amendments apply for tax years beginning on or after 1 April 2015.
Category Before amendments After amendments

Permanent A credit against national corporate tax is Limitation of credit: Reduced
incentive (gross allowed. to 25% of corporate tax before
R&D cost base) credit.
Credit amount: 8% to 10% of the gross
R&D cost (rate depends upon the R&D Carry over: Carry over is no longer
costs, including special R&D costs). applicable.
Limitation of credit: 30% of corporate tax

before credit.
Carry over: Excess R&D cost may be

carried over for one year.

Japan
Category Before amendments After amendments

Special R&D cost Joint R&D with or contracted R&D by Scope of special R&D cost:
based credit university or public research institution. Royalty payments to SMEs shall
be included in special R&D cost.
Credit amount: 12% of the gross special
R&D cost. Credit amount: Increased to 30%
of the gross special R&D cost for
the joint R&D with university or
public research institution (20%
for the joint R&D with other non-
public corporations).
A credit against local inhabitant’s

tax is also allowed for SMEs.
Limitation of credit: 5% of
corporate tax before credit
(separately from other gross R&D
cost credit).
Gross R&D cost A credit against national corporate tax and Limitation of credit: Reduced
based credit for local inhabitant’s tax is allowed. to 25% of corporate tax before
an SME credit.
Credit amount: 12% of the gross R&D cost.
Carry over: Carry over is no longer J
Limitation of credit: 30% of corporate tax applicable.
before credit.
Carry over: Excess R&D cost may be

carried over for one year.
Temporary A credit against national corporate tax is Same as before amendments.
incentive allowed for a tax year commencing from 1
(incremental R&D April 2013 to 31 March 2017.
cost base)
Credit amount: A credit against national
corporate tax is allowed for the higher of (i)
and (ii) but subject to the limitation of 10%
of tax liability before the credit.
i. 5% to 30% of incremental R&D costs or

ii. R&D costs in excess of 10% of the
average sales, times the ‘tax credit ratio’
(ratio is a mechanical calculation that
increases the credit depending upon
the relationship between the amount of
R&D costs and average annual sales).
Limitation of credit: 10% of corporate tax

before credit.
n estment in enti e to impro e produ tion e fi ien y

An investment incentive is available for corporations for investments in production
a t es that m ro e ro u t on e fi en or orat ons e g b e or the n ent e are
m te to enter r ses that a u re new a t es to m ro e ro u t on e fi en hen
certain requirements are met, a corporation is allowed to claim 25%, 50%, or 100%
depreciation of assets when the assets are placed in service, or 2%, 3%, 4%, or 5% tax
credit (limited to 20% of the corporate tax liability before the credit). This incentive is
effective for assets acquired on or before 31 March 2017.
Spe ial tax treatment or in estment in ertain e uipment

s fi ng b ue orm ta returns ma e e t un er erta n on t ons to a m
accelerated depreciation of 100% of the base acquisition cost or a special tax credit

Japan
equivalent to 10% of the base acquisition cost on designated equipment to the extent
that it is acquired between 1 April 2014 and 31 March 2017. The maximum tax credit is
limited to 20% of the taxpayers’ corporate tax liability.
he n ent e or ew n estment nto ro u t on a t es s a ab e to an

n ustr that n ests n new ro u t on a t es s e a e re at on or
tax credit on acquisition cost, up to 20% of corporate tax liability, etc., and subject to
erta n on t ons n a t on an n estment n ent e a es to s that n est
in equipment and furnishings pursuant to certain facility remodelling (30% special
depreciation or 7% tax credit on acquisition cost, up to 20% of corporate tax liability
one ear arr orwar o an e ess an sub e t to erta n on t ons he ta
incentive is granted to an SME engaged in the distribution, retailing, service, and/or
agriculture business. This incentive is effective for tax years beginning on or after 1 April
2013 through 31 March 2017.
Employment promotion taxation

ua ng or orat ons n rease the number o em o ees sub e t to em o ment
nsuran e b or more an b fi e eo e two n the ase o s or more rom the
end of the prior tax year, the qualifying corporations will be eligible for a tax credit equal
to the n rease number o the em o ees mu t e b w th the m tat on
of 10% (20% in the case of SMEs) of the tax liability before the credit, subject to certain
conditions for the tax years that commence from 1 April 2011 (excluding years ending
before 30 June 2011) to 31 March 2018.
Another tax incentive allows an employer corporation to claim a tax credit based on
increases in salary payments (tax credit equal to 10% of the increased salary amount
w th a m tat on o n ase o o the ta ab t sub e t to erta n
conditions). The employer corporation is allowed to claim a credit by either increased
employment incentive or employment promotion incentive as explained above. To take a
re t the em o er or orat on must be a b ue orm fi er he re t s e e t e or ta
years commencing from 1 April 2013 to 31 March 2018.
n enti e or enture apital in estment

To assist venture capital investment, certain procedures to accredit venture capital
artnersh s were eg s ate n the n ustr a om et t eness nhan ement aw
n estment ta n ent es were a so ntro u e to a ow or orate n estors the ab t
to take a loss from a venture capital investment on an accelerated basis compared to
urrent ru es ua fie n estor s a owe to e u t a ta reser e or the n estment
loss at up to 80% of the book value of the investment. This incentive is effective for
n estors nto a ua fie artnersh es gnate on or be ore ar h
n enti e or orporate reorganisation

To promote business reorganisation within the same industry in order to improve
bus ness rofitab t a or orat on an a to be a ua fie or orat on b
subm tt ng a bus ness reorgan sat on an ursuant to the n ustr a om et t eness
nhan ement aw ua fie n estor s a owe to e u t a ta reser e or the
investment loss at up to 70% of the book value of the investment or loan. This incentive
is effective for corporations designated on or before 31 March 2017.
n enti es or t e re italisation o lo al ubs

A taxpayer is eligible for certain tax incentives if it relates to or expands certain kinds
of operations in local areas (generally other than Tokyo, Osaka, or Nagoya). Details
as to the kinds of operations eligible will be included in a future Revised Regional
Revitalization Law.
Any qualifying investments have the following depreciation incentives with respect to
investments in buildings:

Japan
Investment pursuant to
Investment pursuant to an expanding an existing
Depreciation incentives approved relocation plan operation
Type of depreciation (if plan Additional first ear Additional first ear de reciation
is approved prior to 31 March depreciation of 25% of the of 15% of the acquisition cost
2018 and asset is acquired acquisition cost (depreciation (depreciation is accelerated).
within two years of approval). is accelerated).
Alternatively, a taxpayer may choose to take a tax credit rather than accelerated
depreciation, as follows:
Investment pursuant to
Investment pursuant to an expanding an existing
Tax credits approved relocation plan operation
Tax credits (if plan is approved
and asset acquired prior to 31 Acquisition costs x 7% Acquisition costs x 4%
March 2017)
Tax credits (if plan is approved
prior to 31 March 2018 and
Acquisition costs x 4% Acquisition costs x 2%
asset is acquired within two
years of approval)
J
n mum n estment s m on or arge or orat ons an m on or

SMEs.
n a t on an em o ment re ate ta re t s a owe or n rease em o ment n a

o a hub h re w th n two ears o the an a ro a he re t sha be
times the number of increased employees at a maximum (if certain conditions are not
met the re t be omes er em o ee
n tota the amount o the abo e ta re ts an on o set u to o a or orat on s

tax liability.
o al go ernment ontributions
s art o the eg ona e ta at on t b ue orm or orate ta fi ers who make
donations to approved regional donation plans up until 31 March 2020 will be able to
claim a tax credit against corporate, enterprise, and inhabitant’s taxes in addition to
taking a deduction from the corporate tax. This is known as the corporate hometown
tax, or furusato nozei system.
ational strategi ones

or a b ue orm fi ng or orat on w th an a ro e an or ua fie n estment n a
National Strategic Special Area up until 31 March 2018, a deduction of 20% of income is
a a ab e or fi e ears rom the ate o estab shment
Wit olding taxes

Tax treaty network
As of 1 May 2016, Japan has entered into 65 tax treaties with 96 countries and/or
regions. Companies making certain payments are required to withhold income taxes
using the following rates.

Japan
WHT (%)
Dividends
Substantial
Recipient Portfolio (3) holdings (1) Interest Royalties (2)
Japanese corporations 20 20 0/20 (4) 0
Resident individuals 20 20 0/20 (4) 0
Foreign corporations, non-

resident individuals:
Non-treaty (5): 1 /20 20 (3) 0/15/20 (4) 20
Treaty (6):
Australia 10 0/5 10 5
Austria 20 10 10 10
Bahamas (7) - - - -
Bangladesh 15 10 10 10
Belgium 15 10 10 10
Bermuda (7) - - - -
Brazil 12.5 12.5 12.5 12.5/15/25 (8)
British Virgin Islands (7) - - - -
Brunei 10 5 10 10
Bulgaria 15 10 10 10
Canada 15 5 10 10
Cayman Islands (7) - - - -
China, People’s Republic of 10 10 10 10
Czechoslovakia (former) (9) 15 10 10 0/10 (9)
Denmark 15 10 10 10
Egypt 15 15 15/20 15/20 (10)
Finland 15 10 10 10
France 10 0/5 10 0
Germany (25) 15 10 10 10
5/15 0 0 0
Guernsey (7) - - - -
Hong Kong 10 5 10 5
Hungary 10 10 10 0/10 (11)
India 10 10 10 10 (12)
Indonesia 15 10 10 10
Ireland, Republic of 15 10 10 10
Israel 15 5 10 10
Italy 15 10 10 10
Jersey (7) - - - -
Kazakhstan 15 5 10 5 (13)
Korea, Republic of 15 5 10 10
Kuwait 10 5 10 10
Liechtenstein (7) - - - -
Luxembourg 15 5 10 10
Macao (7) - - - -
Malaysia 15 5 10 10
Man, Isle of (7) - - - -
Mexico 15 0/5 (14) 10/15 10
Netherlands 10 0/5 (15) 0/10 (15) 0
Norway 15 5 10 10
Oman 10 5 0/10 10

Japan
WHT (%)
Dividends
Substantial
Recipient Portfolio (3) holdings (1) Interest Royalties (2)
Pakistan 10 5/7.5 (16) 10 10
Philippines 15 10 10 10/15 (17)
Poland 10 10 10 0/10 (11)
Portuguese Republic 10 5 5/10 5
Qatar (26) 10 5 0/10 5
Romania 10 10 10 10/15 (18)
Samoa (7) - - - -
Saudi Arabia 10 5 0/10 5/10 (19)
Singapore 15 5 0/10 10
South Africa 15 5 10 10
Spain 15 10 10 10
Sri Lanka 20 20 0/15/20 (20) 0/10 (20)
Sweden 10 0 (21) 0 0
Switzerland 10 0/5 0/10 0
Taiwan (27) 10 10 0/10 10
Thailand 15 (3) 15/20 (22) 10/25 (22) 15 J
Turkey 15 10 10/15 (23) 10
USSR (former) (24) 15 15 10 0/10 (24)
United Arab Emirates 10 5 10 10
United Kingdom 10 0 0 0
United States 10 0/5 10 0
Vietnam 10 10 10 10
Zambia 0 0 10 10
Notes
1. The tax treaty rates apply only to corporate shareholders. The applicable treaty should be checked
for conditions required to claim the reduced rate. Note that WHT may be subject to the income
surtax of 2.1%, which is levied for the income earned for the period from 1 January 2013 through 31
December 2037.
2. he a licable treat sho ld be reviewed beca se certain ta treaties e cl de film ro alties and/
or gain from copyright transfer from taxable income. Note that WHT may be subject to the income
surtax of 2.1%, which is levied for the income earned for the period from 1 January 2013 through 31
December 2037.
3. 15% for publicly traded shares (minority interest [less than 3% ownership]) and investment trusts.
Note that WHT may be subject to the income surtax of 2.1%, which is levied for the income earned
for the period from 1 January 2013 through 31 December 2037.
4. nterest on bank de osits and/or certain designated financial instr ments is s b ect to a 1 national
WHT and 5% local inhabitants WHT (20% combined). Taxation of such interest is fully realised by
tax withholding, so resident individuals are not required to aggregate such interest income with other
income. Interest on loans made by resident individuals is not subject to WHT; instead, it is taxed in
the aggregate with other income. Such WHT is subject to the income surtax of 2.1%, which is levied
for the income earned for the period from 1 January 2013 through 31 December 2037.
5. Dividends, interest, and royalties earned by non-resident individuals and/or foreign corporations are
subject to a 20% national WHT under Japanese domestic tax laws in principle. An exceptional rate of
1 is a lied to interest on bank de osits and certain designated financial instr ments. nterest on
loans, however, is taxed at a 20% rate. A special exemption from WHT applies to certain long-term
corporate bonds issued to non-residents in foreign countries. Note that WHT may be subject to the
income surtax of 2.1%, which is levied for the income earned for the period from 1 January 2013
through 31 December 2037.
6. Tax treaties with many countries provide reduced tax rates, as indicated. Some treaties, however,
provide higher tax rates (e.g. Brazil, Thailand) or do not provide rates (e.g. Egypt, New Zealand). In
these instances, rates s ecified nder a anese domestic ta laws a l . ach treat sho ld be
consulted to see if a reduced rate for dividends (in the case of substantial holdings) is applicable.
7. The tax treaty was concluded mainly for the purpose of information exchange.
8. The tax treaty with Brazil provides a 25% tax rate for certain royalties (trademark). However, the WHT
rate cannot exceed 20.42% (including the income surtax of 2.1%) on any royalties to be received by
a non-resident taxpayer of Japan under Japanese income tax law. Film royalties are taxed at 15%.
Any other royalties are taxed at 12.5%.

Japan
9. The treaty with the former Czechoslovakia is applied to the Czech Republic and the Slovak Republic.
It stipulates that cultural royalties are tax exempt.
10. Film royalties are taxed at 20%, and other royalties are taxed at 15%.
11. Cultural royalties are tax exempt.
12. The rate of 10% for royalties includes consideration for technical services.
13. The rate for royalties is reduced from 10% to 5% by Protocol.
14. Dividends received from subsidiaries, by parent companies that have met certain conditions, are
exempt from WHT.
15. Dividends received from subsidiaries for which the parent company has over 50% shareholding are
ta e em t. nterest received b government and other s ecific entities, or aid as a conse ence of
sale on credit of any equipment, merchandise, or service, is tax exempt.
16. A 5% rate is applied to a company that has over 50% shares with direct voting rights, and a rate of
7.5% is applied to a company that has over 25% shares with direct voting rights.
17. Film royalties are taxed at 15%. Any other royalties are taxed at 10%.
18. Cultural royalties are taxed at 10%.
19. Royalties paid for the use of certain equipment are taxed at 5%.
20. nterest aid to financial instit tions is ta e em t, as well as film and co right ro alties. Patent
royalties are subject to a 10% rate.
21. f certain conditions for beneficial owners are met, dividends are ta able onl in the contracting state
of which the beneficial owner is a resident.
22. Dividends paid by a corporation that is engaged in industrial undertakings are taxed at 15%. Interest
aid to financial instit tions is ta ed at 10 .
23. nterest aid to financial instit tions is ta ed at 10 .
24. The treaty with the former USSR is applied to Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan,
Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. It stipulates that cultural royalties
are tax exempt.
25. The new treaty was signed but has not yet become effective.
26. The treaty will apply with respect to taxes levied on the basis of a taxable year for taxes for any
taxable years beginning on or after 1 January 2016 and with respect to taxes not levied on the basis
of a taxable year for taxes levied on or after 1 January 2016.
27. The treaty will apply with respect to taxes levied on the basis of a taxable year for taxes for any
taxable years beginning on or after 1 January 2017 and with respect to taxes not levied on the basis
of a taxable year for taxes levied on or after 1 January 2017.
Tax administration
Taxable period
he ta ear s the or orat on s annua a ount ng er o s e fie n ts art es o
incorporation. A Japan branch of a foreign corporation must use the same accounting
period that is adopted by the corporation in its home country.
Tax returns
Corporate income tax returns (i.e. the national corporation tax return, enterprise tax
return, and local inhabitants’ tax return) are self-assessment tax returns.
a or orat on meets erta n on t ons su h as kee ng erta n a ount ng books an

makes an a at on or t n a an e t s a owe to fi e a b ue orm ta return b ue
orm fi ng or orat on ma benefit rom oss arr orwar an other benefits
or orat on n u ng a bran h s re u re to fi e the fina ta return w th n two

months a ter the en o ts annua a ount ng er o a or orat on annot fi e the
fina return be ause o s e fi reasons the ue ate o fina return ma be e ten e
or one month two months n ase o onso ate ta fi ng w th the ta author t s
approval.
ayment o tax
n ome ta es a ab e on the fina or orate n ome ta return shou be a on or
be ore the fi ng ue ate o the fina ta returns usua two months a ter the en o
the or orat on s a ount ng er o an e tens on o t me or fi ng s grante the
taxes may be paid on or before the extended due date with interest accrued at a rate of
1.8% (for the year 2016) per annum for the period from the day following the original
due date (i.e. two months after the end of an accounting period) to the date of the actual
payment.

Japan
ro s ona ta a ments are re u re or a or orat on that has a fis a er o onger

than six months. Provisional taxes generally are computed as one-half of the tax
ab t es or the re ous ear but the ma be re u e b the fi ng o nter m ta
returns that re e t sem annua resu ts o the o erat ons he ro s ona ta a ment
is required to be made within two months after the end of the sixth month of the
corporation’s accounting period.
Penalties
the ta return s fi e ate a ate fi ng ena t s m ose at to o the ta
ba an e ue n the ase that a or orat on o untar fi es the ta return a ter the ue
date, this penalty may be reduced to 5%.
n un er a ment ena t s m ose at to o a t ona ta ue n the ase

that a corporation amends a tax return and tax liabilities voluntarily after the due date,
this penalty may not be levied.
n er the a e orm the abo e rate w be n rease to or non fi ng

an or amen ment fi ng on e the ta au t not e s re e e he hanges w
a to both nat ona an o a ta es or wh h the fi ng ue ate w a on or a ter
January 2017.
n a t on nterest or the ate a ment o ta s e e at per annum or the first J

two months and increases to 9.1% per annum thereafter (for the year 2016).
onsolidated taxation
he arent om an w fi e the onso ate ta return an a nat ona or orate
income tax for the group. The consolidated tax return and payment due dates are the
same as re ous s usse howe er the ue ate o the fina return ma be e ten e
for two months.
For local corporate income taxes, each member of the consolidated group must
se arate fi e the returns an a the ta es
Tax audit pro ess

enera s eak ng or orate ta au t s er orme n es o three to fi e ears
urat on owe er th s er o ma be shortene n the ase that some s gn fi ant ta
matters were o nte out n the r or au t an so on ta a ers re uest a ownwar
correction, a tax audit will be performed to make sure of it.
th regar to ta au t ro e ures ta aws ha e not ar fie them thus ar r or to

conducting a tax audit, in principle, tax agents are required to notify taxpayers, and,
upon completion of tax audits, tax agents are required to provide to taxpayers a brief
wr tten summar o the r fin ngs et
Note that due to the 2015 Tax Reform, once an audit is complete, the basic principle is
that a second audit is not allowed. However, if newly acquired information is obtained
by the tax authorities that lead them to conclude that the reported taxable income
should have been different, then the tax authorities can conduct another audit of the
taxpayer. This limitation on the ability of the tax authorities to conduct a second audit
on a es the first au t was on u te on s te a esk au t s on on u te
where the tax authorities do not conduct the audit on-site, no limitation applies.
he statute o m tat ons to re uest a ownwar orre t on o r or ear ta ab t es s
fi e ears s ears or trans er r ng rom when the or g na ta return was fi e
The statute of limitations with regard to upward corrections by the tax authorities is also
fi e ears s ears or trans er r ng

Japan

Tax authorities are often focusing on cross-border, inter-company transactions (i.e.
trans er r ng or onat on ssues an s gn fi ant grou restru tur ng among
other issues. Any developments in discussion on the G20/OECD BEPS project will also
be of great interest for Japanese authorities.
t er issues
e uirement or banks to olle t and remit in ormation regarding
bank a ounts owned by non residents
The 2015 Tax Reform Act introduced a tax reporting system under which individuals are
re u re to re ort n ormat on to the re e ant bran h o the finan a nst tut on wh h
will, in turn, submit such information to the tax authorities in Japan.
he erson who ontra ts w th the finan a nst tut on or a e os t to a bank a ount

in Japan on or after 1 January 2017 will be required to report the relevant information
to the bank, including (i) name, (ii) address, (iii) date of birth, and (iv) resident
ountr the res ent ountr s outs e a an the n ua w be re u re to re ort
the ta a er ent fi at on number n the ta a er s res ent ountr he finan a
institution will be required to report the individual information collected as well as
details regarding the account (balances, transactions, etc.) as of 31 December by the
following 30 April.

Korea, Republic of
PwC contact
Sung-Chun Ko
Samil PricewaterhouseCoopers
LS Yongsan Tower, 14th Floor
92 Hangangdaero
Yongsan-gu
Seoul 140-702, Korea
Tel: +82 2 709 0725
Email: sung-chun.ko@kr.pwc.com

The latest amendments to Corporate Income Tax Law (CITL) and other major tax
laws, most of which have effect for taxable years beginning on or after 1 January
2016, address the Korean government’s efforts to revitalise the Korean economy by
encouraging corporations to make investments and increase employment, meanwhile
introducing a new rule for rationalised deduction of car expenses and net operating
losses (NOLs).
To this end, some of the preferential tax treatments scheduled to expire at the end
of 2015 have been extended for a few more years. Those extended preferential tax
treatments include tax credit and reductions related to the development of research
and manpower in new growth engine industries and source technologies, technology
transfer among small and medium-sized enterprises (SMEs), merger and acquisition
of technology innovative SMEs, investment in facilities for technology and human
resources development, etc. To support youth job creation, the Special Tax Treatment
Control Law (STTCL) has been amended to allow a company to claim a tax credit for the
increased number of youth employees.
In order to prevent any private use of a company car, a new documentation requirement
and deduction limit has been introduced. Furthermore, the amended CITL includes a
limit in the deduction of tax loss carried forward in order to prevent excessive deduction
o ta osses n a art u ar ear o fight o shore ta e as on through m ementat on
of the Organisation for Economic Co-operation and Development (OECD) base erosion
an rofit sh t ng ro e ts the amen e ta aw n u es the ntro u t on o
new reporting requirement for multinationals in Korea to submit information on their
cross-border, related-party transactions. In an effort to strengthen the management of
ta re enue rom ore gn sour es the e hange rogram o finan a n ormat on w th
other countries has been tightened.

Resident corporations are taxed on their worldwide income, whereas non-resident
corporations with a permanent establishment (PE) in Korea are taxed only to the extent
of their Korean-source income. Non-resident corporations without a PE in Korea are
generally taxed through a withholding tax (WHT) on each separate item of Korean-
source income (see the Withholding taxes section).
he bas orean rates are on the first m on orean won or

the tax base between KRW 200 million and KRW 20 billion, and 22% for the excess.
dditional tax on orporate in ome

In order to motivate corporations to utilise corporate retained earnings to fund facility
investment, wage increases, and dividend payments, the CITL has introduced a 10%
a t ona ta the om an s ua fie e en tures or a t n estment wage
166 Korea, Republic of PwC Worldwide Tax Summaries

Korea, Republic of
increases, and dividend payments fall short of a certain threshold (i.e. either 80% or
30% of adjusted taxable income, see computation below). Effective from the tax year
beginning on or after 1 January 2015 through the tax year including 31 December 2016,
the additional tax shall apply to companies whose net assets exceed KRW 50 billion
(excluding SMEs) and companies belonging to business groups subject to restrictions on
cross-shareholdings under the Act on Monopoly Regulation and Fair Trade.
Companies should elect one of the following methods in computing the additional tax
(election valid for three years):
• ([adjusted taxable income for the year x 80%] - the total amount of facility
investment, wage increases, and dividend payments) x 10%, or
• ([adjusted taxable income for the year x 30%] - the total amount of wage increases
and dividend payments) x 10%.
gri ulture and fis ery surtax

When a corporate taxpayer claims certain tax credits or exemptions under the STTCL, a
agr u ture an fisher surta s e e on the re u e ab t
inimum tax
or orate ta a ers are ab e or the m n mum ta wh h s efine as the greater o
10% (if the tax base is KRW 10 billion or less, 12% on the tax base exceeding KRW 10
billion but not more than KRW 100 billion, 17% on the tax base exceeding KRW 100
billion) of the taxable income before certain tax deductions and credits pursuant to the K
STTCL or the actual CIT liability after various deductions and credits.
For SMEs, the minimum tax is the greater of 7% of taxable income before certain tax
deductions and credits or actual CIT liability after the deductions and credits. For middle
market om an es that e ee the s e o s so a e me um s a e om an es
an m n mum ta rate s a ab e or the first three ears start ng rom the ear
when the s e e ee s an or the first t me an a rate s a ab e or the ne t
two years.
o al in ome tax
The local income tax is a separate income tax that has its own tax base, tax exemption
an re ts an ta rates he o a n ome ta rates or or orat ons are on the first
KRW 200 million, 2% for the tax base between KRW 200 million and KRW 20 billion,
and 2.2% for the excess.
orporate residen e
or orat on ha ng ts hea o fi e or r n a o fi e n orea s a res ent or orat on
A corporation with a place of effective management in Korea is also treated as a resident
corporation.

A non-resident corporation is generally deemed to have a tax presence (i.e. PE) in Korea
in the following cases, among others:
• t has an fi e a e o bus ness n orea where the bus ness o the ent t s who
or partly carried on.
• It is represented by a dependent agent in Korea, who has the authority to conclude
contracts on its behalf and who has repeatedly exercised that authority.
• Its employee(s) provides services in Korea for more than six months within 12
consecutive months.
www.pwc.com/taxsummaries Korea, Republic of 167

Korea, Republic of
• Its employee(s) continuously or repeatedly renders similar services in Korea for

two or more years, even if each service visit is for less than six months within 12
consecutive months.
e t ons to a n orea or a non res ent or orat on n u e fi e a es o

business used only for purchasing or storage of goods, advertising, publicity, collecting,
or furnishing of information, or other activities that are preparatory or auxiliary in
nature.
t er taxes
alue added tax T
VAT is levied at a rate of 10% on the supply of goods and services, except zero-rated
VAT on certain supply of goods and services (e.g. goods for exportation, certain
eligible services rendered to non-residents earning foreign currency, international
transportation service by ships and aircraft) and exemption on certain goods and
services (e.g. basic life necessities and services, such as unprocessed foodstuffs and
agr u tura ro u ts me a an hea th ser es finan e an nsuran e ser es ut
exempt goods).
Electronic VAT invoicing is a compulsory requirement. If a taxpayer fails to issue the

electronic VAT invoice or report electronically to tax authorities, the relevant penalties
shall be imposed.
ustoms duties
ustoms ut es are genera assesse on m orte goo s m ortat on re ers to the
delivery of goods into Korea (in case of goods passing through a bonded area, delivery of
su h goo s nto orea rom su h a bon e area to be onsume or to be use n orea
roperty tax
An annual property tax ranging from 0.07% to 5% is charged on the statutory value of
land, buildings, houses, vessels, and aircraft. Five times the property tax rate is applied
to factories that are newly constructed or expanded in a designated metropolitan area
or the first fi e ears
Se urities transa tion tax

Securities transaction tax (at the rate of 0.5% for unlisted shares or interest) is imposed
on the transfer of shares or interest, but the government is authorised to adjust the tax
rate n erta n r umstan es he e b e ta rate res r be b the res ent a e ree
is 0.15% for shares traded on the Korea Stock Exchange and 0.3% for shares traded
on the Korean Securities Dealers Automated Quotations (KOSDAQ) or the Korea New
Exchange (KONEX).
uisition tax
Acquisition tax is charged on the price of real estate, motor vehicles, construction
equipment, golf membership, boats, etc. The acquisition tax rate varies depending on
the type of assets subject to the tax, ranging from 2% to 7%. A weighted rate is charged
on acquisitions in a designated metropolitan area or on acquisition of luxury items, such
as villas, golf courses, and yachts.
Stamp tax
Stamp tax is levied on a person who prepares a document certifying establishment,
transfer, or change of rights to property in Korea. The stamp tax ranges from KRW 50 to
KRW 350,000, depending on the type of taxable document. The electronic stamp system
has been implemented to make it mandatory to use stamps bought online rather than
a er stam s bought n banks or ost o fi es

Korea, Republic of
egistration tax
Registration tax ranging from 0.02% to 5% is charged upon the act of registering the
creation, alteration, or lapse of property rights or other titles and incorporation with
the concerned authorities. Registration tax upon the registration of title or right and
n or orat on or or orat ons o ate n a es gnate metro o tan area ma be sub e t
to three times the normal rate of 0.4%.
Gift tax
Gift tax is imposed on a person who acquires property by gift. If CIT or individual income
tax is imposed on the gifted property, however, the gift tax shall not be imposed. Gift tax
ranges from 10% on not more than KRW 100 million in tax base to the top marginal tax
rate of 50%.
ayroll taxes
m o ers are re u re to w thho n ome ta es at sour e on a month bas s fina se
the r em o ees ta ab t an fi e the fina ta sett ement re e t w th the ta
authorities no later than the tenth day of March of the following year.

There are four types of social security contributions in Korea, namely national pension,
national health insurance, employment insurance, and worker’s accident compensation
insurance. Employers and employees are almost equally required to bear a total amount
o o sa ar es or the first three t es o so a se ur t ta es e nat ona ens on
national health insurance, and employment insurance), while the worker’s accident K
compensation insurance is borne by employers only, which varies by industry, ranging
from 0.7% (banking, insurance) to 34% (coal mining) of salaries.
Bran in ome
n genera a bran h o fi e o a ore gn or orat on s ta e n the same manner as
resident companies.
em ttan e o reta ne earn ngs rom a orean bran h to ts hea o fi e s sub e t to

reporting to a designated foreign exchange bank in Korea under the Foreign Exchange
Transaction Act.
If the tax treaty between Korea and the country in which a foreign corporation is
res ng a ows the m os t on o a bran h rofits ta the ta s m ose on the a uste
taxable income of the Korean branch.
here a ab e the bran h rofit ta s e e n a t on to the regu ar wh h s

imposed at the rate of 20% (or at a reduced rate as provided in a treaty) of the adjusted
taxable income of the Korean branch.
n ome determination
ross n ome ons sts o ga ns rofits n ome rom tra e an ommer e ea ngs n
property, rents, royalties, and income derived from any transactions carried on for gain
or rofit
n entory aluation
Inventories generally are stated at either the lower of cost or market (LCM) or cost
metho n one o an s ost metho s n u ng s e fi ent fi at on first
n first out ast n first out we ghte a erage mo ng a erage an
retail method, can be elected for tax purposes. The method elected should be applied
consistently each year unless an application for change has been submitted before

Korea, Republic of
three months from the year-end. Different valuation methods may be used for different
ategor es e manu a ture goo s an mer han se goo s sem fin she goo s an
goods in process, raw materials, supplies in stock) and different business places.
For inventory costing under Korean International Financial Reporting Standards

(K-IFRS), LIFO is not an acceptable accounting method. Consequently, in a year when a
ta a er first a o ts an u re orts the hange o n entor a uat on metho
from LIFO to one of the other costing methods (e.g. FIFO, weighted average), the
taxpayer is allowed to exclude the inventory valuation gain arising from the change and
n u e t n ts ta ab e n ome o er the ne t fi e ear er o on a stra ght ne metho
Sto k aluation
The valuation of securities or bonds shall be made using the cost method. For the cost
method, the weighted-average cost method or moving-average cost method shall be
a e or the ur ose o a uat on o se ur t es an the s e fi ent fi at on metho
may be used for valuation of bonds.
apital gains
For the purposes of taxation, gross income does not include income derived from gains
from capital transactions, such as capital surplus, gains on reduction of paid-in capital,
etc. However, gains from treasury stock transactions are taxed, and losses are deductible
from taxable income.
Note that capital gains from the disposal of non-business purpose land or houses may
be subject to additional capital gains tax at the rate of 10% (40% in the case of non-
reg stere an or houses n a t on to the norma
i idend in ome
All distributions to shareholders are taxed as dividend income, whether paid in cash or
in stock.
owe er a ua fie omest ho ng om an that owns more than n

case of listed subsidiary) share ownership in its domestic subsidiary will receive a 100%
e u t on or en s wh e an e u t on s a owe or share ownersh o
n ase o ste subs ar or ess omest or orat on other than a ua fie
holding company will also receive a 100% deduction for share ownership of 100%, 50%
or more than n ase o ste subs ar share ownersh an or
share ownersh o n ase o ste subs ar or ess
nterest in ome
Except for certain cases, all interest income must be included in taxable income.
Generally, interest income is included in taxable income as it is received.
ental in ome
Income from the leasing of property shall be included in taxable income. In cases where
a company is subject to an estimated tax by the tax authority due to the absence of books
of accounts, the deemed rental income as calculated at a term deposit interest rate on
the lease deposit received by the company will be included in taxable income.
oyalty in ome
Royalties are considered to be taxable income when earned.
ains and losses on oreign urren y translation

Companies are allowed to recognise unrealised gains and losses on foreign currency
translation of their monetary assets and liabilities in a foreign currency. This recognition
is also allowed with respect to currency forward transactions and swaps to hedge
foreign exchange risks of such assets and liabilities. In this regard, a taxpayer can choose

Korea, Republic of
whether to recognise unrealised gains and losses or not for tax purposes. Once elected,
the same method must be consistently used.
oreign in ome
Resident corporations are taxed on their worldwide income. A Korean company is
taxed on its foreign-source income as earned at normal CIT rates. To avoid double
taxation, taxes imposed by foreign governments the foreign-source income recognised
by a resident company are allowed as a credit against CIT or as deductible expenses in
computing the taxable income.
Generally, income of foreign subsidiaries incorporated outside Korea is not included in

the taxable income of a resident company until the declaration of dividends from the
foreign subsidiaries. Therefore, the Korean tax impact may be delayed through deferring
the declaration of dividends unless the controlled foreign corporate (CFC) rule under
the Law for Coordination of International Tax Affairs (LCITA) is applied.
The CFC rule provides that the undistributed earnings of a resident company’s foreign
subsidiary located in a low-tax jurisdiction (where the effective tax rate on the income
before tax for the past three years averages 15% or less) are taxed as deemed dividends
to the resident company that has direct and indirect interest of 10% or more in such
subs ar he ru e oes not a n ases where a ore gn subs ar has fi e
a t es e g o fi e a tor n a ow ta ur s t on or the on u t o bus ness t
manages or controls the business by itself, and the business is mainly performed in
the jurisdiction. Even in this case, however, where passive income (e.g. income from K
investment in securities) is more than 50% of gross income, the CFC rule shall be
applicable. Furthermore, in cases where the passive income is between 50% and 5% of
the foreign subsidiary’s gross income, the CFC rule will apply in a limited manner (i.e. a
CFC’s undistributed earnings will be included in taxable income of the CFC’s domestic
related parties in proportion of such passive income to its gross income). However,
dividends will be excluded in calculating the amount of passive income if they are
derived from shares issued by the company that is 10% or more owned by a CFC.
If dividends from a qualifying subsidiary are included in taxable income of a resident

company, the foreign tax paid by a qualifying subsidiary on the subsidiary’s taxable
income is eligible for a foreign tax credit in the hands of the resident company regardless
of whether there are tax treaties with the relevant foreign countries. For this purpose, a
qualifying subsidiary refers to the company in which a resident corporation owns 25%
or more of its shares for the period of six consecutive months or more prior to the date of
en e arat on nuse ore gn ta re ts an be arr e orwar or fi e ears
edu tions
In general, expenses incurred in the ordinary course of business are deductible, subject
to the requirements for documentary support.
A corporation’s disbursements of more than KRW 30,000 for goods or services provided
are required to be supported by qualifying evidences, such as credit card sales vouchers,
cash receipts, tax invoices, and those vouchers and invoices stored in the company’s
enterprise resource planning (ERP) system. The corporation is required to maintain
these o uments or fi e ears the or orat on a s to ma nta n ro er e en es a
2% penalty shall be levied on the amount of disbursement.
rue e enses are not e u t b e unt the e enses are fi e or eterm ne

Depreciation of all property, plant, and equipment (PP&E), which includes buildings,
machinery, and vehicles, used to generate income is allowed as a deduction for CIT.

Korea, Republic of
Generally, interest on debt acquired to purchase, manufacture, or construct PP&E

must be capitalised until the PP&E is operational. This does not apply to the interest
asso ate w th the e ans on or m ro ement o e st ng eta e st o fi e
assets, gross values (including capitalised interest), the useful lives of the assets, and the
urrent ear s e re at on harge must be subm tte to the ta author t es when fi ng
the annual CIT return.
The tax law allows the following methods for calculating depreciation:
• tra ght ne or e n ng ba an e metho or tang b e fi e assets other than ant

and buildings.
• Straight-line method for plant, buildings, and intangible assets.
• Service-output or straight-line method for mining rights.
• er e out ut e n ng ba an e or stra ght ne metho or tang b e fi e assets
used in mining.
In determining depreciation using a straight-line method, salvage value of the assets is

regarded as zero. However, where the declining-balance method is used, 5% salvage
value is required. Changes in the depreciation method must be approved by the tax
authorities in advance, and such approval may only be obtained in exceptional cases (i.e.
merger between two corporations having different depreciation methods). Although the
ta aw s e fies the stan ar use u es or ea h t e o assets the use u e o a fi e
asset can be increased or decreased by 25% of the standard useful life at the taxpayer’s
election. The elected depreciation method and useful life should be consistently applied.
Also, a taxpayer can apply for a change to the useful life within 50% of the standard
useful life, which requires an approval from tax authorities.
The standard useful life and the scope of elective useful life for assets are provided in the
following tables:
Standard Scope of
useful life elective useful
Tan ible xed assets (years) life (years)
Vehicles (excluding those used for transportation businesses and 5 4 to 6
leasing service of machinery, equipment, and consumer goods),
tools, e i ment, and fi t res
hi s and aircraft e cl ding those sed for fisher , trans ortation, 12 9 to 15
and leasing service of machinery, equipment, and consumer goods)
All buildings and constructions of brick structure, block structure, 20 15 to 25
concrete structure, mud structure, mud wall structure, wooden
structure, wooden frame mortar structure, and other structures
All the buildings and constructions of steel-frame/iron bar concrete 40 30 to 50
structures, stone structures, brick/stone structures, steel-frame
structures
ote that ma h ner an e u ment use or s e fi n ustr es sha be sub e t to

different useful lives from four years (e.g. bag manufacturing) to 20 years (e.g. water
supply service).
Intan ible xed assets seful life (years)

Goodwill, design rights, utility model rights, trademarks 5
Patents 7
Fishery rights, extraction rights under the law of development of mineral 10
resources at the sea bottom (may elect activity method), right of management
for toll roads, water rights, right of use for electricity and gas service facilities,
right of use for tap water facilities for industrial use, right of use for general tap
water facilities, right of use for heating facilities

Korea, Republic of
Intan ible xed assets seful life (years)

Mining rights (may elect activity method), right of use for exclusive telegraph 20
and telephone facilities, right of use for exclusive sidetracks, right of
management for sewage disposal, right of management for tap water facilities
Right of use for dams 50
ote that or use fi e assets n u ng assets a u re through mergers or s n o s

that have been used for more than half of their standard useful lives, a new useful life
ma be fi e w th the ta author t es o between o the stan ar use u e an the
standard useful life.
According to the CITL, depreciation is allowed for tax deduction only when expensed for
book purposes. However, in order to alleviate any dramatic increase in tax burden due
to decreased depreciation expenses through the adoption of K-IFRS, additional expense
deduction may be allowed through tax adjustment. For tax purposes, depreciable assets
acquired on or before 2013 may be depreciated at the rate equivalent to the average of
three years before the adoption of K-IFRS. Depreciable assets acquired after 2014 may
be depreciated using the tax useful lives only if they are the same type of existing assets
used for the same business line and the calculation method of deduction is regulated.
edu tion o ompany ar expenses

or om an ars ro e to o fi ers or em o ees whether owne or ease the
amended CITL has introduced new requirements for a company to have appropriate K
o erat on re or s or su fi ent e en e to a m the e u t on an e u t on m t
h e the o erat on re or s shou be re are or an ent re fis a ear t w be
allowed to be prepared from 1 April 2016. The new deduction rule will be effective for
the e en ture n urre or fis a ears start ng on or a ter anuar
oodwill
mort sab e goo w or ta ur oses s efine as a ue trans erre w th
consideration, apart from transferred assets included in business transfer, valuated by
taking into account business premium factors of the transferor such as permission/
licence, legal privileges, geographical advantages, business secrets, credit, reputation,
transa t on artners et oo w sha be amort se o er fi e ears us ng the stra ght
ne metho or ta ur oses
Start up expenses
Start-up expenses, such as incorporation expenses, founders’ salary, and registration
fees and taxes, are deductible if the expenses are recorded per the articles of
incorporation and are actually paid.
nterest expenses
Interest incurred in the ordinary course of business is deductible as long as the related
loan is used for business purposes. There are, however, a number of exceptions to the
general rule, as follows:
• borrow ngs rom a ore gn shareho er or rom a th r art un er a a ment

guarantee by the foreign shareholder, exceed two times the equity of the relevant
foreign shareholder, the paid interest and discount fee as to the relevant excessive
portion will be disallowed and further treated as a dividend payment.
• Debenture for which the creditor is unknown.
• on s an se ur t es on wh h re ent o nterest s unknown
• onstru t on oans an oans or the ur hase o an an fi e assets u to the ate
on which the assets are acquired or completed must be capitalised as a part of the
cost of the asset and depreciated over the life of the asset. Interest after the date of
completion or acquisition is deductible as incurred.

Korea, Republic of
• Interest on loans related to non-business purpose assets or funds loaned to

re ate art es
In general, contingent liabilities are not deductible, except for reserves under the
following items, which are counted as losses within the tax limit:
• Reserves for bad debts.

• ab t reser es an emergen reser es res r be n the nsuran e us ness aw
• eser es or non rofit organ sat ons
• Reserves for the write-off of a compensation claim set aside by trust guarantee funds
in each business year.
The amounts enumerated below are also counted as losses in calculating income for the
business year:
• he amount o ga ns rom nsuran e a ms use to a u re the same k n s o fi e

assets as the ost fi e assets or to m ro e the amage fi e assets w th n two ears
a ter the first a o the bus ness ear o ow ng the bus ness ear n wh h the ga ns
fall.
• he amount o a benefi ar s share o onstru t on osts re e e b a omest
corporation engaged in the electricity or gas business, etc., used for the acquisition of
fi e assets
• The amount of the national treasury subsidies actually used for acquisition or
m ro ement o fi e assets or bus ness
Bad debt
or om an es that are not finan a nst tut ons a oubt u a ounts reser e s a owe
as a deduction for tax purposes at the greater of 1% on the tax book value of the
receivables at a year-end or actual bad debt ratio (deductible bad debts in a current year
e b the re e ng ear s ta book a ue o re e ab es a ebts are a owe as
a e u t on when erta n ega ro ee ngs are sat sfie or the statute o m tat ons has
lapsed.
Donations to public interest entities, such as government authorities and social welfare
organisations, as well as donations for academic research, technical development, etc.,
are ass fie as Bub-jung donations. Bub-jung donations are tax-deductible at up to 50%
o the tota ta ab e n ome or the on erne fis a ear a ter e u t on o Ji-jung
donations to public entities prescribed by the CITL are also tax-deductible at up to 10%
o the tota ta ab e n ome or the fis a ear a ter the e u t on o e u t b e Bub-jung
donations and NOL.
he amount n e ess o su h m t ma be arr e o er or fi e ears onat ons other

than the statutor onat ons abo e w not be e u t b e or ta ur oses
Employee remuneration
There is no statutory limit for employee remuneration, which includes salaries, wages,
stipends, bonuses, retirement payments, pensions, and meal and housing allowances,
as well as all other kinds of subsidies, payments, and compensation. Remuneration of
foreign employees is determined according to their engagement contracts.
ension expense
m o ers h r ng one or more em o ees are re u re to set as e se eran e a or
ret rement ens ons or the r em o ees efine ontr but on an efine benefits
are the two a a ab e s hemes or the ret rement ens on s stem n er the
DC scheme, the premiums paid by the employer are deductible upon payment while
e u t ons or the reser e un er the s heme are sub e t to a m t

Korea, Republic of
ayment or dire tors

onuses a to re tors n e ess o the amount eterm ne n the art es o
incorporation or at a shareholders’ meeting, etc. are not deductible. Also, severance
benefits a to re tors n e ess o the amount res r be n the ta aw are
not e u t b e
Entertainment expenses of more than KRW 10,000 on an event basis must be supported
by corporate credit card vouchers, cash receipts, or tax invoices in order to be deductible.
In addition, the entertainment expenses in excess of the tax limit are not deductible.
The deductible limit for entertainment expenses in a business year is computed as:
• an amount calculated by multiplying KRW 12 million (KRW 18 million [temporarily

increased to KRW 24 million for the tax years beginning on or after 1 January 2015
and ending on 31 December 2016] for an SME) by the number of months in the
respective business year divided by 12, plus
• an amount calculated by multiplying the amount of gross receipts for a business year
by the rates listed in the following table (in the case of receipts from transactions
between related parties, 10% of the amount calculated by multiplying the receipts by
the following rates shall be applied).
mount of ross receipts ( R ) Rate

10 billion or less 0.2% K
Over 10 billion up to 50 billion KRW 20 million + 0.1% of the excess over KRW 10 billion
Greater than 50 billion 60 million 0.0 of the e cess over 0 billion
nsuran e premiums
Insurance premiums paid to an insurance company are deductible if the business
enter r se s the ste benefi ar nsuran e rem ums or wh h the benefi ar s the
employee are also deductible; however, they are treated as salaries for the employees
and are subject to WHT on earned income (this excludes the severance insurance
premium or social security taxes that are borne by employers).
ines and penalties

Fines, penalties, and interest on underpayment of taxes are not deductible.
Taxes
Income taxes are generally not deductible in determining income subject to CIT.
et operating losses s
In general, an NOL carryover is allowed for ten years. The amended CITL has introduced
a strengthened rule restricting a company from deducting the NOL in excess of 80%
o the ta ab e n ome o a art u ar ear h s ru e w be a e to the fis a ear
beginning on or after 1 January 2016. However, SMEs and certain qualifying companies
under recovery process, etc., which will be exempt from this rule, are allowed to deduct
the NOL without limitation.
Generally, loss carrybacks are not allowed. However, SMEs can carry back an NOL for
one ear

th su fi ent su ort ng o umentat on an un er an arm s ength r n e nterest
ro a t an management ser e ees a to ore gn a fi ates are e u t b e or
purposes.

Korea, Republic of
Under the LCITA, the following conditions must be met in order for a management
service fee charged by a foreign related party to a domestic company to be deductible:
• The services must be provided based on an agreement entered into by the service
provider prior to the service transaction.
• he ro s on o the ser e an be er fie b a s he u e o ser es es r t on o
services, description of the company providing services and its employees, detailed
explanation of expenses incurred, and other supporting documentation.
• om an must be ab e to ant ate the om an s a t ona rofit or re u e
e ense through the ser es ro e b a ore gn a fi ate
• Payment for the provided services should be consistent with arm’s-length standards.
Group taxation
he onso ate or orate ta fi ng s stem an be a o te or a omest or orat on
in cases where two or more wholly-owned subsidiaries exist. A taxpayer may elect the
onso ate fi ng s heme u on a ro a rom the ta author t es but t annot be
re oke or at east fi e ears a ter the e e t on o the onso ate ta fi ng
Trans er pri ing

The LCITA authorises the tax authorities to adjust the transfer price based on an arm’s-
length price and to determine or recalculate the taxable income of a domestic company
(including PE of a foreign company) when the transfer price for the transaction between
the domestic company and its foreign related party is either below or above an arm’s-
length price.
The LCITA lists the following methods for determining an arm’s-length price: the
comparable uncontrolled price (CUP) method, the resale price method, the cost-plus
metho the rofit s t metho the transa t ona net marg n metho an other
reasonable methods. Other reasonable methods can be used only if it is unfeasible to
apply one of the aforementioned methods.
The method used and the reason for adopting that particular one for an arm’s-length
price determination must be disclosed to the tax authorities by a taxpayer in a report
submitted along with the taxpayer’s annual tax return.
New transfer pricing documentation requirement

n ne w th the t on the re ent amen e n u es a new
reporting requirement for multinational companies in Korea to submit a consolidated
re ort n u ng o a fi e an master fi e on the r ross bor er re ate art
transactions, affecting not only Korean corporations but also foreign corporations
having a PE in Korea that meet all of the following conditions: (i) annual gross sales
of an individual entity exceeding KRW 100 billion and (ii) international related-
party transactions exceeding KRW 50 billion per year. Required information to be
submitted for reporting includes organisation, business, intangible assets, related-party
transactions, etc. relating to the group and the local entity. Failure to comply with
the reporting requirement will result in a penalty. This new rule will be applied to the
re u re n ormat on or fis a ears start ng on or a ter anuar
T in apitalisation
In cases where a Korean company borrows from its foreign-controlling shareholder
and the debt-to-equity ratio exceeds 2:1, a portion of interest payable on the excess
borrowing is characterised as dividends subject to Korean WHT (reduced rate if a tax
treaty applies) while being treated as non-deductible in computing taxable income.

Korea, Republic of
ontrolled oreign orporations s

Under the Korean CFC rule, when a Korean national directly or indirectly owns at
least 10% in a foreign corporation and the foreign company’s average effective income
tax rate for the three most recent consecutive years is 15% or less, the undistributed
earnings of the CFC shall be deemed to be paid as a dividend to the Korean national and
subject to tax in Korea.
i ai s i i i i ai
section.
elated party transa tions

Under the provision of the CITL, the tax authorities may recalculate the corporation’s
taxable income when CIT is unreasonably reduced due to transactions with related
parties. Generally, if the discrepancy between the transaction price and fair market value
exceeds 5% of the fair market value or KRW 300 million, the transaction will be subject
to this provision.

oreign tax redit
Taxes imposed by foreign governments on income recognised by a resident taxpayer are
allowed as a credit within the limit against the income taxes to be paid in Korea, or as
deductible expenses in computing the taxable income. The excess foreign tax credit can K
be arr e orwar fi e ears
Indirect foreign tax credit is also available for a Korean parent company in cases where
the dividends from a foreign subsidiary are included in the taxable income of the Korean
parent company. From 2015, the conditions on indirect tax credit are tightened to
exclude the overseas grandson subsidiary and raise the shareholding ratio from 10% or
more to 25% or more.
n estment in enti es
a re ts are genera a a ab e or ua fie n estment n a t es or ro u t t
enhancement, safety, job-creating investments, etc.
Tax credit for investment in facilities for productivity enhancement

If a resident makes an investment in facilities or equipment to increase productivity
by no later than 31 December 2017, then 3% (5% and 7% in the case of medium-scale
companies and SMEs, respectively) of such investment amount shall be deducted from
he unuse ta re t an be arr e orwar to the ne t fi e ears
Tax credit for investment in facilities for safety

If a resident or a domestic corporation makes an investment in a facility (excluding any
investment in used assets) for safety that is considered necessary for industrial purposes
no later than 31 December 2017, then an amount of 3% (5% and 7% in the case of
me um s a e om an es an s res e t e o su h n estment sha be e u te
rom he unuse ta re t an be arr e orwar to the ne t fi e ears
Tax credit for job-creating investments

The tax credit for job-creating investments consists of a basic credit and an additional
credit. The basic credit is not available at all in the event of decreased employment
b an one erson w th an e e t on to s wh h ma a m the bas re t a ter
a certain amount (KRW 10 million for each decreased employee) is subtracted. The
basic credit includes a 0% to 3% tax credit for a company maintaining a status quo
employment and an additional 3% to 6% tax credit for new job-creating investments.
The additional tax credit for job creation does not exceed the ceilings set at KRW 10
million (KRW 15 million per youth employee between the ages 15 and 29, KRW 20

Korea, Republic of
m on er s e fie o u at ona h gh s hoo gra uate em o ee mu t e b the

amount o new em o ment n net h s re t w a to n estments ma e no ater
than e ember he unuse ta re t an be arr e orwar to the ne t fi e
years.
Tax credit to support youth job creation

To support youth job creation, the recently amended STTCL has allowed a company
to claim a tax credit worth KRW 5 million (KRW 2 million for a large company) for the
increased number of youth employees aged between 15 and 29. The new tax credit
w be a a ab e rom the fis a ear that n u es e ember to the ear that
includes 31 December 2017. The unused tax credit can be carried forward to the next
fi e ears
Temporary tax credit for increase in corporate payroll

The amended law introduces a temporary 10% tax credit (5% for large corporations) on
the incremental amount in average corporate payroll over a certain base level calculated
in a prescribed manner by taking into account the average corporate payroll over the
previous three years. This is conditional on there being no decline in the number of
full-time employees from the previous year. The temporary credit is implemented from 1
January 2015 through 31 December 2017. The unused tax credit can be carried forward
to the ne t fi e ears
Special tax treatment to facilitate dividend payments

In order to facilitate dividend payments to shareholders of listed companies to try
and boost the growth of the stock market, a provision lowers the withholding rate on
dividend income distributed by high-dividend paying listed companies from 14% to
wh h w be re orte er the fina ta return o the shareho ers an a ows
the segregated taxation of such dividend income if those listed companies meet the
requirements as prescribed in the tax law and the shareholders apply for the segregated
ta at on n th s ase fina ta rate a es h s s e a ta treatment a es to
eligible dividend income from earnings of high-dividend paying listed companies for tax
years beginning on or after 1 January 2015 and ending on 31 December 2017.
Tax credit for re-hiring retired female employees of SMEs

The amended law introduces a tax credit to promote the re-employment of female
employees of SMEs who retired for pregnancy, childbirth, or care and other personal
reasons as prescribed in the Presidential Decree. The tax credit is designed to allow
SMEs to subtract the amount, as much as 10% of labour costs paid per re-hired female
employee, from their corporation tax payable for the period of two years following the
month of re-employment if prescribed conditions are met. This credit applies if the SME
executes an employment contract for one year or more until 31 December 2017. The
unuse re t an be arr e orwar to the ne t fi e ears
esear and de elopment tax in enti es

The STTCL provides various tax incentives to stimulate R&D activities. These include a
tax credit for research and manpower development expenses, a tax credit for technology
transfer, and tax credits for merger or acquisition of technology innovative SME.
Tax credit for development of research and manpower

Companies presently claim a tax credit in relation to qualifying R&D expenditure to the
e tent o e ther to to or me um s a e om an es or s
of the current R&D expenses or (ii) 40% (50% for SMEs) of the incremental portion of
the current R&D expenses over the average of the previous four years. The incremental
method can be applied only when the R&D expenses for the prior year exceed the
average R&D expenses for the previous four years. The tax credit has been extended to
include R&D in relation to core technologies as authorised by government ministries as
well as pre-designated strategic growth industries until the end of December 2018, and,

Korea, Republic of
for these industries, the credit rate for the current R&D expenditure is 20% (30% for
s he unuse re t an be arr e orwar to the ne t fi e ears
Tax credit for technology transfer among SMEs (Korean patent box regime)
Tax credit and reductions have been introduced to facilitate the transfer of technology
between companies so as to enhance technical competencies and the recovery of funds
n este n te hno og more e fi ent on n ome er e b s an s e fie
medium-scale companies from the transfer of patents, etc. to a Korean national is
re u e b he amen e aw grants a ta re t or n ome er e b s
and medium-scale companies from the leasing of patents or utility model rights where
the om an has first fi e a reg strat on o su h r ghts so s are a owe to a m
7% of the amount paid to acquire patents, etc. from a Korean national (ceiling at 10% of
CIT). This temporary credit is applicable to transfers, purchases, or leases taking place
until the end of December 2018. The unused credit can be carried forward to the next
fi e ears
Tax credit for merger or acquisition of technology innovative SME

In cases where a domestic company merges with a technology innovative SME in a
ua fie manner the merger om an sha be erm tte to take a ta re t
with respect to the payment made in such a merger, up to the value of the acquired
technology. This 10% tax credit will also be available for a company that acquires shares
n a te hno og nno at e n a ua fie manner no ater than the en o e ember
n th s ase an o re u rements or a ua fie manner a s to be met the
amount of tax credited will be collected. The unused credit can be carried forward to the K
ne t fi e ears
Tax credit for investment in facilities for technology and human resources
development
A corporation purchasing facilities no later than 31 December 2018 prescribed in the
Presidential Decree with the purpose of R&D and job training is eligible for a tax credit
o u to or me um s a e om an es or s o su h n estment he
unuse ta re t an be arr e orwar fi e ears
Energy en ironmental in enti es
Tax credit for investment in energy-saving facilities

If a resident makes an investment (excluding any investment in used goods) no
later than 31 December 2016 in energy-saving facilities, 1% (3% for medium-scale
om an es or s o su h n estment sha be e u te rom he unuse
ta re t an be arr e orwar fi e ears
Tax credit for investment in facilities for environmental protection

If a resident makes an investment (excluding any investment in used goods) in any
facility for the purpose of environmental conservation no later than 31 December 2016,
then or me um s a e om an es or s o the n estment amount
sha be e u te rom he unuse ta re t an be arr e orwar fi e ears
nbound in estment in enti es

he orean go ernment ro es ar ous n ent es an benefits or n u ng ore gn
investment under the Foreign Investment Promotion Law.
mong others ore gn n este om an es that engage n erta n ua fie h gh

te hno og bus nesses an a or e em t on rom or fi e ears beg nn ng
rom the first ear o rofitab e o erat ons rom the fi th ear not rofitab e unt
then) and a 50% reduction for the following two years in proportion to the foreign
shareholding ratio. An exemption from WHT on dividends, which was available for
foreign investors in the same manner as above during the same grace period, is no
onger grante or ta e em t on a at ons fi e on or a ter anuar owe er

Korea, Republic of
the WHT exemption on dividends already approved will not be affected by the tax law
change. In addition, the taxpayer can apply for 100% exemption from acquisition tax
an ro ert ta on assets a u re or the r e em t bus ness or fi e ears a ter the
business commencement date and 50% reduction for the following two years. For local
tax exemption, some local governments grant longer exemption periods (up to 15 years)
an h gher e em t on rat os n a or an e w th the r o a or nan es ua fie ore gn
investment also can be eligible for exemption from customs duties, VAT, and individual
consumption tax on imported capital goods.
n a t on ore gn n estors sat s ng s e fie r ter a are ro e w th ta n ent es

an other benefits or n estment n s e a es gnate areas n u ng ore gn
investment zones (FIZs), free economic zones (FEZs), free trade zones (FTZs), and
strategic industrial complexes exclusively developed for foreign invested companies.
The tax incentives for qualifying foreign investors in individual type FIZs and FEZs and
certain strategic industrial complexes that are approved by the related committee under
laws governing the operation of the zones are similar to those of the above foreign
invested high-tech companies. Qualifying investors in complex type FIZs, FEZs, FTZs,
and strategic industrial complexes may receive the 100% exemption from corporate or
n ua n ome ta as we as o a ta es or the first three ears an re u t on
for the next two years. They also receive exemption from customs duties on imported
goods.
To receive tax incentives for inbound investment, an application for tax incentives,
together w th su ort ng o uments shou be fi e w th the ta author t es b the
en o the fis a ear that the bus ness ommen ement ate be ongs to n a t on
e e t e anuar ore gn n estment ma e a s e fi ountr es s e u e
from the exemption from corporate or individual income tax and local taxes for inbound
investment. They include those countries with which Korea has not entered into income
tax treaties (including tax information exchange agreements [TIEAs] and investment
romot on an rote t on agreements su h as otswana e ub o rus
Dominican Republic, Guatemala, Lebanon, Nauru, Niue, Seychelles, and Trinidad and
Tobago.
Foreign direct investment (FDI) incentive limitations

he re t m ts n ent es grante to ua fie s he e ng has been set to
encompass both investment amount and job-creation. In terms of investment amount,
or a at ons fi e rom anuar or the ase where the first ore gn n estment
er the a at on fi e be ore anuar s not ma e be ore anuar the
level of incentives for FDI has been reduced to 50% of the aggregated FDI amount for
om an es benefit ng rom a se en ear n ent e er o e ng or om an es
en o ng a fi e ear n ent e er o n terms o ob reat on the e e o n ent es or
FDI has been reduced to the lower of 40% of the aggregated FDI amount for companies
benefit ng rom a se en ear n ent e er o or om an es en o ng a fi e ear
incentive period) or KRW 10 million times the company’s net increase in employment.
om an es that ha e en o e ta benefits base on ob reat on w be sub e t to ta

assessment in cases where there is a net decrease in employment within the subsequent
two years in comparison to the year that the relevant tax credit was obtained.
Wit olding taxes

Foreign corporations with income derived from sources in Korea are subject to CIT on
su h n ome the ore gn or orat on has no omest a e o bus ness n orea t
will be subject to tax on its Korean-source income on a withholding basis in accordance
with the tax laws and the relevant tax treaty, if applicable. Any Korean-source income
attr butab e to a omest fi e a e o bus ness o a ore gn or orat on w be sub e t
to Korean CIT.

Korea, Republic of
or res ents o ountr es ha ng a ta treat w th orea re u e rates ma a

An application form must be submitted to the withholding agents in order to apply the
treat rate a benefi ar annot be ent fie n the a at on orm the w thho ng
agents should withhold the tax at the non-treaty rate.
or en s nterest an ro a t es the rates are m te as o ows as o r

2016):
Recipient Dividends (%) Interest (%) Royalties (%)

Resident corporations (1) 0 14/25 0
Resident individuals (1) 14 14/25/30 0
Non-resident corporations and individuals:

Non-treaty (2) 20 14/20 (36) 20 (39)
Treaty:
Albania 5/10 (8) 10 10
Algeria 5/15 (8) 10 2/10 (15)
Australia 15 15 15
Austria 5/15 (8) 10 2/10 (15)
Azerbaijan 7 10 (37) 5/10 (22)
Bahrain 5/10 (8) 5 10
Bangladesh 10/15 (3) 10 10
Belarus 5/15 (8) 10 5
K
Belgium 15 10 10
Brazil 10 10/15 (5) 10/25 (6)
Bulgaria 5/10 (7) 10 5
Canada 5/15 (8) 10 10
Chile 5/10 (8) 10/15 (31) 5/15 (33)
China, People’s Republic of 5/10 (8) 10 10
Colombia, Republic of 5/10 (11) 10 10
Croatia 5/15 (8) 5 0
Czech Republic 5/10 (8) 10 10
Denmark 15 15 10/15 (4)
Ecuador 5/10 (3) 12 5/12 (22)
Egypt 10/15 (8) 10/15 (9) 15
Estonia 5/10 (8) 10 5/10 (33)
Fiji 10/15 (8) 10 10
Finland 10/15 (8) 10 10
France 10/15 (3) 10 10
Gabon 5/15 (8) 10 10
Germany 5/15 (8) 10 2/10 (15)
Greece 5/15 (8) 8 10
Hungary 5/10 (8) 0 0
Iceland, Republic of 5/15 (8) 10 10
India 15/20 (11) 10/15 (12) 15
Indonesia 10/15 (8) 10 15
Iran 10 10 10
Ireland, Republic of 10/15 (3) 0 0
Israel 5/10/15 (13) 7.5/10 (14) 2/5 (15)
Italy 10/15 (8) 10 10
Japan 5/15 (8) 10 10

Korea, Republic of

Jordan 10 10 10
Kazakhstan 5/15 (3) 10 2/10 (15)
Kuwait 5 5 15
Kyrgyzstan 5/10 (8) 10 5/10 (33)
Laos 5/10 (3) 10 5
Latvia 5/10 (8) 10 5/10 (33)
Lithuania 5/10 (8) 10 5/10 (38)
Luxembourg 10/15 (8) 10 10/15 (16)
Malaysia 10/15 (8) 15 10/15 (17)
Malta 5/15 (8) 10 0
Mexico 0/15 (18) 5/15 (19) 10
Mongolia 5 5 10
Morocco 5/10 (8) 10 5/10 (20)
Myanmar 10 10 10/15 (4)
Nepal 5/10/15 (32) 10 15
Netherlands 10/15 (8) 10/15 (21) 10/15 (22)
Nigeria 7.5/10 (41) 7.5 7.5
Norway 15 15 10/15 (22)
Oman 5/10 (3) 5 8
Pakistan 10/12.5 (11) 12.5 10
Panama 5/15 (8) 5 3/10 (33)
Papua New Guinea 15 10 10
Peru 10 15 10/15 (40)
Philippines (2) 10/25 (23) 10/15 (24) 10/15 (25)
Poland 5/10 (3) 10 10
Portugal 10/15 (8) 15 10
Qatar 10 10 5
Romania 7/10 (8) 10 7/10 (22)
Russia 5/10 (26) 0 5
Saudi Arabia, Kingdom of 5/10 (8) 5 5/10 (33)
Singapore 10/15 (8) 10 15
Slovak Republic 5/10 (8) 10 0/10 (34)
Slovenia 5/15 (8) 5 5
South Africa (2) 5/15 (8) 10 10
Spain 10/15 (8) 10 10
Sri Lanka 10/15 (8) 10 10
Sweden 10/15 (8) 10/15 (10) 10/15 (22)
Switzerland 5/15 (3) 5/10 (19) 5
Thailand (2) 10 10/15 (27) 5/10/15 (35)
Tunisia 15 12 15
Turkey 15/20 (8) 10/15 (28) 10
Ukraine 5/15 (11) 5 5
United Arab Emirates 5/10 (3) 10 0
United Kingdom 5/15 (8) 10 2/10 (15)
United States (2) 10/15 (30) 12 10/15 (29)
Uruguay 5/15 (11) 10 10
Uzbekistan 5/15 (8) 5 2/15 (15)
Venezuela 5/10 (3) 5/10 (19) 5/10 (33)
Vietnam 10 10 5/15 (22)

Korea, Republic of
Notes
1. Dividends and interest paid to resident individuals by corporations generally are subject to a 14%
WHT rate. In addition to this, there is a resident surtax of 10% on the CIT liability.
2. In addition to the indicated tax rate, a resident surtax is charged at a rate of 10% of the respective tax
rate.
3. Lower rate applies in case of equity ownership of 10% or more.
4. 10% rate applies to royalties paid for the use of or the right associated with industrial activities.
5. 10 rate a lies if the loan eriod e tends to seven ears or more, the reci ient is a financial
institution, and the loan is used for certain designated purposes.
6. 25% rate applies to royalties associated with the use of trademarks or trademark rights.
7. 5% rate applies in case of equity ownership of 15% or more.
9. 10% rate applies if the term of loans exceeds three years.
10. 10% rate applies when a recipient of interest income is a bank and income is connected with a loan
with a term in excess of seven years.
12. 10% rate applies if a recipient is a bank.
13. 5% rate applies if a recipient holds 10% or more ownership in a paying corporation but, even in case
of 10 or more ownershi , 10 rate a lies if the dividends are aid o t of rofits s b ect to ta at a
lower rate than the normal corporate tax rate of a country where a payer resides. In other cases, 15%
rate applies.
14. . rate a lies when a reci ient of interest income is a bank or a financial instit tion.
15. 2 rate a lies to ro alties aid for se of or the right to se ind strial, commercial, or scientific
equipment.
16. 10 rate a lies if it is for the se of or the right to se ind strial, commercial, and scientific
equipment or information.
17. 1 rate a lies if ro alties are for se of or the right to se cinematogra h films or ta es for radio
or television broadcasting or any copyright of literary or artistic work.
18. 0% rate applies in case of equity ownership of 10% or more.
19. 5% rate applies if a recipient is a bank.
20. 5% rate applies to royalties for use of copyrighted literature and music. K
21. 10% rate applies if the term of the loans exceeds seven years.
22. Lower rate applies if it is for the use of or the right to use a patent, trademark, design, or secret
form la, or ind strial, commercial, and scientific e i ment or information.
23. 10% rate applies in cases of equity ownership of 25% or more, or dividend paid by a resident
company engaged in a preferred pioneer area and registered with the Board of Investment.
24. 10% rate applies in cases where the interest is paid in respect of public offering of bonds,
debentures, or similar obligations or interest paid by a company that is a resident of the Philippines,
registered with the Board of Investment, and engaged in preferred pioneer areas of investment under
the investment incentive laws.
25. 10% rate applies in case of royalties paid by a company that is a resident of the Philippines,
registered with the Board of Investment, and engaged in preferred pioneer areas of investment under
the investment incentives laws.
26. 5% rate applies if a recipient holds 30% or more of equity interest in the amount of at least 100,000
United States dollars (USD).
27. 10 rate a lies if a beneficial owner of the income is a financial instit tion incl ding ins rance
company) or resident of Thailand who is paid with respect to indebtedness arising as a consequence
of a sale on credit by a resident of Thailand of any equipment, merchandise, or services, except
where the sale was between persons not dealing with each other at arm’s length.
28. 10% rate applies if the term of the loan exceeds two years.
29. 10 rate a lies to ro alties for se of co righted literat re, m sic, films, and television or radio
broadcasts. Otherwise, 15% rate applies.
30. 10% rate applies if equity ownership is 10% or more and not more than 25% of the gross income of
a paying corporation for a preceding tax year consists of interest or dividends.
31. 10% rate applies when a recipient of interest income is a bank or an insurance company.
32. 5% rate applies when a recipient holds 25% or more of equity interest, and 10%, when a recipient
holds 10% or more of equity interest. In other cases, 15% rate applies.
33. 5% rate applies to royalties paid for the use of or the right associated with industrial, commercial, or
scientific e i ment.
34. 0% rate applies to royalties paid for the use of academic rights.
35. 5% rate applies to royalties paid for the use of or the right associated with any copyright of literary,
artistic, or scientific work, incl ding software, and motion ict res and works on film, ta e, or other
means of reproduction for use in connection with radio or television broadcasting. 10% rate applies
to royalties paid for the use of or the right to use a patent, trademark, design or model, plan, secret
formula, or process. 15% rate applies to royalties paid for the use of or the right to use industrial,
commercial, or scientific e i ment, or for information concerning ind strial, commercial, or scientific
experience.
36. 14% rate applies if interest arises from bonds issued by a Korean company or government bodies.
37. 0% rate applies if a recipient of interest income is government, central bank, etc.
38. rate a lies to ro alties aid for the se of ind strial, commercial, or scientific e i ment.
39. ees arising from rental of ind strial, commercial, scientific e i ment, etc. are classified as rental
income subject to 2% WHT.
40. 10% rate applies to royalties paid for technical support.
41. 7.5% rate applies if a recipient directly holds 10% or more equity share. In other cases, 10% rate
applies.

Korea, Republic of
If a foreign company is located in a foreign jurisdiction designated as a tax haven by the

Minister of Strategy & Finance, any Korean-source income of such foreign company will
be subject to the domestic withholding rate of 20% regardless of whether or not the
foreign company is resident of a treaty country. Currently, only Labuan is designated as
such a jurisdiction. The foreign company may claim a refund of any excess WHT paid
w th n three ears t ro es to the orean a fi e that t s ent t e to the re u e
treat rates as the substant e an benefi a owner o the n ome ternat e a
ore gn om an ma attem t to seek a re a ro a n or er to ha e the treat benefits
apply upfront by making an application to the Commissioner of Taxation.
Tax administration
Taxable period
n orea the ta ab e ear s on a fis a ear bas s as e e te b the ta a er owe er t
cannot exceed 12 months.
Tax returns
or orat on must fi e an nter m ta return w th ue a ment or the first s months
o the fis a ear an the fi ng a ment must be ma e w th n two months a ter the en
of the interim six-month period.
or orat on must fi e an annua ta return w th ue a ment or the fis a ear an

the fi ng a ment must be ma e w th n three months rom the en o the fis a ear
n ase the e terna au t s not om ete an the finan a statements are not fi e a
or orat on an re uest or e tens on o ta fi ng b one month w th e n uent nterest
of 1.8% per annum.
ayment o tax
Where the tax amount to be paid by a resident corporation is in excess of KRW 10
million, part of the tax amount to be paid may be paid in instalments within one month
of the date of the expiration of the payment period (two months for SMEs).
Where the tax amount to be paid is KRW 20 million or less, the excess of KRW 10 million
may be paid in instalments; and where the tax amount to be paid exceeds KRW 20
million, 50% or less of the tax amount may be paid in instalments.
un tional urren y
In instances where the taxpayer adopts to use a foreign currency as its functional
currency, there are three ways to calculate the CIT base: (i) calculate the tax base
us ng the finan a statements n un t ona urren an trans ate t nto orean won
re are the finan a statements n orean won an a u ate the ta base or
trans ate the finan a statements nto orean won an a u ate the ta base n e
elected, the same method must be consistently used.
Tax audit pro ess

For large companies whose sales revenue exceeds KRW 300 billion, a tax audit will be
on u te e er fi e ears ther om an es are se e te b erta n stan ar s wh h
were announced by the National Tax Service (NTS).
he statute o m tat ons s genera fi e ears rom the statutor fi ng ue ate o
the annual CIT return. However, the statute of limitations is extended further in the
following cases:
• e en ears a ta a er oes not fi e ts ta base b the statutor ue ate

• en ears a ta a er e a es ta es b rau or un ust fiab e means

Korea, Republic of
• ears or rau or un ust fiab e means n o ng ross bor er transa t ons or th s

ur ose a ross bor er transa t on means when a art or art es to the transa t on
include(s) non-resident(s) or foreign corporation(s) (excluding domestic business
places of non-resident(s) or foreign corporation(s)).
ong w th the e tens on o the arr orwar er o rom fi e ears to ten

ears when a ta a er uses the n urre more than fi e ears ago the statute o
m tat on sha be one ear rom the fi ng ue ate o the fis a ear when the
s ut se
eriod o extin ti e pres ription or olle tion o national taxes

he er o o e t n t e res r t on or o e t on o nat ona ta es s fi e ears ten
years for national tax payable worth KRW 500 million or more) from the date on which
the go ernment s r ght to o e t a nat ona ta be omes e er sab e ong w th the fi e
year extinction prescription period of national tax collection, the extinction prescription
er o o ta re un re uest o ta a ers s e ten e to fi e ears wh h was re ous
three ears rom the ta return fi ng ue ate e e t e or ta re un re uests ma e on
or after 1 January 2015.

The recent topics of focus for tax authorities are as follows:
• Increased focus on foreign exchange compliance during customs audits.

• n rease s rut n or ta e as on o the un ergroun e onom through n est gat ng K
finan a n ormat on a a ab e un er the re se nan a n ormat on n t
Act.
• Increased scrutiny for the prevention of offshore tax evasion through aggressive tax
planning.
• t ta m ose on a transa t on g ng un a r share o works to an a fi ate
company that is deemed a gift to a controlling shareholder.
• re ent on o embe ement through fi t t ous e enses or ta e as on us ng
subcontractors.
• Deductibility of management service fees or allocated expenses incurred by
ore gn a fi ates
• International inter-company transactions and transfer pricing.
t er issues
Ex ange ontrols
Most transactions involving foreign exchange generally do not require approval or
reporting under the Foreign Exchange Transaction Act (FETA), with a few exceptions
as prescribed by the FETA. Receipt of foreign exchange from outside Korea is freely
permitted, and payments to foreign companies are not regulated. Most restrictions on
Korean companies’ foreign currency transactions with foreigners have been removed.
owe er the go ernment ont nues to mon tor erta n ows o ore gn urren n an
attem t to m n m se n om ng s e u at e urren an outgo ng a ta ght
Advance reporting is required for most capital transactions. For example, foreign
currency loans obtained by a Korean resident or loans provided by a Korean resident to
an overseas resident should be reported in advance. Foreign currency deposits should
also be reported in advance. The agency to which the reporting should be made again
differs based on materiality of the transaction amount or transaction type.
In addition, reporting in advance to the appropriate agency is required for the netting
of receivables and payables with a foreign resident, third party payments where a
payment is made to a foreign resident other than the transaction counterpart, and

Korea, Republic of
cross calculation, which is similar to netting, but the concerned company opens a bank
account in which the offsetting takes place for future receivables and payables.
Ever since Korea’s currency crisis, most restrictions on short-term as well as mid and
long-term borrowings from overseas by corporations have been removed. Most foreign
currency loans are allowed and are subject to reporting to a foreign exchange bank.
here are no s e fi regu at ons e e t the re ort ng re u rements on borrow ngs
from overseas by foreign investment companies in Korea.
ntergo ernmental agreements s

Korea signed an agreement on automatic exchange of tax information with the United
tates n ar h rat fie b the ar aments o both ountr es the agreement w
man ate the ta author t es to o e t rom finan a nst tut ons an e hange ata on
interest, dividends, and other income subject to withholding paid to non-residents and
provide the collected data to the governments where the non-residents are located by
the end of September of the year following the concerned year.
Korea approved the regulations to comply with the US Foreign Account Tax Compliance
t e e t e rom u ase on the aw or oor nat on o
International Taxation Affairs and the Korea-US income tax treaty, the approval of these
regu at ons w he orean finan a nst tut ons art ate re t w th the
orean finan a nst tut ons o ere b the regu at ons n u e banks n u ng sa ngs
banks mutua finan e om an es se ur t es om an es n estment un s nsuran e
om an es et he o erage o finan a a ounts w n u e e os ts trusts un s
insurance (only if the refund of insurance surrender value exceeds USD 50,000), and
pension accounts. However, those accounts having annual deposit ceilings for tax
incentive purposes shall be exempt from the reporting requirements.
The following types of commercial entities are permitted in Korea:
• Corporation (Hoesa here are fi e asses o or orat on out ne as o ows

• Limited corporation:
• Jusik Hoesa (JH): A corporation incorporated by one or more promoters, with
each shareholder’s liability limited to the amount of contributed capital. This
type of entity is the most commonly used in Korea.
• Yuhan Hoesa (YH): A corporation incorporated by one or more members, with
each member’s liability limited to the amount of that member’s contribution to
the corporation.
• Yuhan Chegim Hoesa: A corporation incorporated by one or more members,
with each member’s liability limited to the amount of that member’s capital
ontr but on th s gn fi ant ewer restr t ons or estab shment an
operation, Yuhan Chegim Hoesa ro es more e b t an se ontro than
YH.
• Unlimited corporation:
• Hapmyong Hoesa: A corporation incorporated jointly by more than two
members who are responsible for corporate obligations if the assets of the
or orat on are nsu fi ent to u sat s those ob gat ons
• Hapja Hoesa: A corporation composed of one or more partners who have
unlimited liability and one or more partners with limited liability.
• Partnership: Hapja Johap is a legal form of partnership allowed under the
Commercial Code.
• Joint venture: A joint venture is generally established as a domestically incorporated
corporation whose shareholders have limited liability regarding the obligations of the
corporation under the Commercial Code.
• ran h ore gn or orat on an er orm ts bus ness o erat on n orea b
sett ng u a ta ab e resen e n the orm o a bran h o fi e he bran h o fi e an
be ass fie as a or orat on an be ta ab e un er the one o the o ow ng

Korea, Republic of
on t ons s met otherw se the ore gn ent t sha be ass fie as an n ua an

be subject to the Individual Income Tax Law:
• The foreign entity is a corporation under the laws of one’s home country.
• The foreign entity is composed of only limited liability members.
• The foreign entity has an independent ownership of assets or separate right of
lawsuit from its members.
• n ent t s m ar to the ore gn ent t s ass fie as a or orat on un er orean
law.
• a son o fi e ore gn or orat on an estab sh a a son o fi e wh h s not
allowed to execute income-generating business activities in Korea.
• Sole proprietorship: Sole proprietorships are not a legal form of entity in Korea.
uidan e on taxation o an o s ore partners ip

n er the a ore gn or orat on s efine as a or orat on that has a hea o fi e
or r n a o fi e n a ore gn ountr on the ore gn or orat on sha not ha e the
place of effective management in Korea).
ase on the nature o bus ness an o shore artnersh wou be ategor se as a

foreign corporation if one of the following conditions is met:
• Has a legal personality.

• Only comprised of partners with limited liability.
• Has the legal rights and liabilities that are distinct from its members, including taking
possession of assets or having the legal capacity to be a party against a law suit. K
• The same or the most similar kind of domestic business entity constitutes a
corporation under Korean laws.
Off-shore partnerships with a legal personality like corporate entities prescribed in the
Korean Commercial Act, such as stock corporations (Chusik Hoesa), limited corporations
(Yuhan Hoesa, Yuhan Chegim Hoesa), and unlimited corporations (Hapmyong Hoesa,
Hapja Hoesa), are treated as foreign corporations for Korean CIT purposes. Also, off-
shore partnerships having the nature of limited corporations prescribed in the Korean
Commercial Act, such as stock corporations (Chusik Hoesa) and limited corporations
(Yuhan Hoesa, Yuhan Chegim Hoesa), are treated as foreign corporations.

Lao People’s Democratic Republic
PwC contact
Irving Sison
ANZ Vientiane Commercial Building
33 Lane Xang Avenue, Vientiane, Lao PDR
Tel: +856 21 222 718 9
Email: irving.sison@la.pwc.com

here ha e been no s gn fi ant or orate ta e e o ments n ao eo e s emo rat
Republic (PDR) during the past year.
Taxes on corporate income

rofits tax T
om an es n u ng a orms o ega ent t es that are reg stere un er ao
law are subject to PT on their worldwide income. Companies formed under foreign law,
o erat ng a bus ness n ao an on u t ng bus ness n ao are sub e t to ta
on their income derived in Lao PDR.
he stan ar rate o or om an es n ao s o net rofit a ter a ustments

or non e u t b e e enses an others a or ng to ao a aw he rate L
applies to both domestic and foreign investors.
a ho a s an re u e rates are a ab e to om an es whose n estment

a t t es ua as romote n estment a t t es s a i sa i i s
s i i a i ).
Lump-sum tax
he um sum ta s m ose on sma an me um bus ness o erators that are not
reg stere n the a ue a e ta s stem an om an es that not re are ao
a ount ng books he um sum ta s a n eu o the base on an agreement
w th the ta o fi e onse uent the um sum ta s regar e as a ta w th n the
category.
Local income taxes

here are no ro n a or o a n ome ta es n ao
orporate residen e
here s no efin t on o res en e or ermanent estab shment ro e n the
a aw owe er the on e t o s ro e n the aw on rt e
3(9)). This article states:
ermanent us ness stab shment s re erre to as an estab shment where a ta a er

operates her/his business on a regular basis. Establishments considered to be permanent
n u e a m n strat e o fi es bran h o fi es a tor es m n ng e tra t on s tes
onstru t on fie s or s tes an an s te where un ertak ngs take a e
or ng to the oub e ta treat es s o ao ermanent estab shment

means a fi e a e o bus ness through wh h the bus ness o an enter r se s who or
partly carried on.
www.pwc.com/taxsummaries Lao People’s Democratic Republic 188

ao eo e s emo rat e ub
t s un erstoo that the reason or ha ng no efin t on n the aw s be ause there

s ore gn ontra tor w thho ng ta e e on ore gn ent t es on u t ng
their business activities in Laos. i ai a as s
i i a ss i .
Other taxes
alue added tax T
he stan ar rate s
s m ose on the fina onsumer o goo s an ser es oo s an ser es use or

production, trading, and consumption in Lao PDR, goods imported into Lao PDR, and
services rendered by foreigners to Lao PDR customers are subject to VAT.
erta n goo s an ser es are e em t rom em te tems n u e un ro esse

agr u tura ro u ts see s ert sers te tbooks e u at on ser es me a ser es
banking services, and insurance.
orte goo s an ser es are ero rate he on ent ona re t metho s use
to a u ate the a ab e e out ut ess n ut ess n ut an be
arr e orwar or s months e ten ab e n ut or e orts s re un ab e
us ness o erators engage n ro u t on or tra ng o ta ab e goo s an ser es must

reg ster n the s stem the r annua re enue s m on ao k or more
Companies below this threshold may voluntarily register. Only registered VAT payers
may claim VAT refunds.
ne un ue eature o ao s that s m ose on the ser es ren ere

by overseas service providers to domestic service users (withholding VAT). Domestic
service users have an obligation to withhold VAT out of the service fees paid to overseas
service providers.
mport duties
goo s m orte nto ao are sub e t to m ort ut em t ons are a a ab e to
enterprises operating promoted investment activities (s a i sa i i s
s i i a i ).
ao has a o te the enera greement on ar s an ra e a uat on

principles. Duty rates are based on the Association of Southeast Asian Nations (ASEAN)
harmon se tar nomen ature or m orts rom member ountr es otherw se
norma rates are a e ut rates range between an e en ng on whether
the goods are ASEAN or other source.
Excise taxes
here are no e se ta es n ao
Property taxes
he an ta s base on both the o at on an the s e o the an an s e e at annua
rates er s uare metre an ta s a ab e n the first uarter o the re e ant a en ar
year.
Transfer taxes
here are no trans er ta es n ao
Stamp taxes
he stam ta es n ao range rom to e en ng on the
types of documents.
189 Lao People’s Democratic Republic PwC Worldwide Tax Summaries

dministrati e ees
n er the a aw go ernment se tors an o e t ees or ssu ng fis a en es
business licences, permits, visas, advertisement boards, broadcasting rights, and other
services. The charges and service fees are set periodically by Presidential Decree.
Payroll taxes
n ome rom sa ar es an wages n u ng e tra a owan es o er t me work os t on
allowance, career allowances, annual bonuses, meeting allowances for members of the
e e ut e boar o the om an es an other benefits re e e n ash an n k n are
sub e t to n ome ta w thho ng b em o ers at the rogress e rates rang ng rom
to
Social Security Scheme contributions

An enterprise with ten or more employees must register itself and its employees in the
Social Security Scheme and make contribution to the scheme. Both the enterprise and
its employees are obligated to contribute to the Social Security Scheme a combined
o the em o ees bas sa ar es or wages he enter r se ontr butes an
each employee contributes 5.5%. At the moment, the basic amount for Social Security
heme a u at on s a e at m on
Branch income
ran hes o ore gn om an es are ta ab e on the r n ome rom arr ng on bus ness n
Lao PDR.
L
n ome determination
he a u at on s base on an ent t s a tua a ount ng rofits re are n
a or an e w th the ao ount ng anua as a uste or ta ur oses he ao
ta regu at ons are s ent on the treatment o a arge number o tems enera
n su h ases the ta treatment w o ow the a ount ng treatment ome o the
more ommon eren es are e re at on enterta nment e enses an the non
deductibility of reserves and provisions (until actually paid).
n entory aluation
n entor a uat on or ta ur oses o ows the metho use or a ount ng ur oses n
Lao PDR.
Capital gains
here s no se arate ta on a ta ga ns n ao owe er rofits rom the sa e o
shares are sub e t to ta at a rate o e e t or the sa e o n estments o ste
om an es n ao he bu er o the shares s re u re to w thho an rem t the ta
he rate o n ome ta on sa es or trans ers o rea ro ert s
i idend in ome
en s re e e rom another ao om an or a ore gn om an are ta e at a
at rate o e e t or en n ome o ste om an es n ao
Interest income
nterest n ome s ta ab e n ao e e t or nterest n ome er e rom oans
lent by commercial banks and interest income derived from money deposited with
ommer a banks he rate o n ome ta on nterest n ome s

Rental/royalties income
enta n ome an ro a t es n ome are ta ab e n ao he rate o n ome ta on
renta n ome s an the rate o n ome ta on ro a t es n ome s

nrea se e hange ga ns are not ta ab e an osses are not e u t b e n ao
Foreign income
here s no ontro e ore gn om an or s m ar reg me n ao rofits o a
ore gn subs ar are ta ab e when rem tte as en s
edu tions
rue e enses are e u t b e n ao eser es an ro s ons are not e u t b e
until actually settled.
Depreciation
e re at on rates are res r be n the a aw an ma er rom finan a
accounting. Depreciation is on a straight-line basis over prescribed useful lives, as
follows:
Assets Years
Buildings used for industrial purposes:
With useful life of 20 years or less 20
With useful life over 20 years 50
Buildings used for commercial and residential purposes:
Permanent structures 20
Semi-permanent structures 10
Machinery, equipment, vehicles 5
Software 2
ffice e i ment 5
Ships and passenger aircraft 10
oodwill
here s no s e fi gu an e on the e u t b t o goo w or amort sat on n ao
PDR.
Start-up expenses
tart u e enses are amort sab e o er two ears n ao
Interest expenses
Interest is deductible on an accrual basis following the accounting treatment. All
interest payments must be supported by documents showing that the payments are
commercially reasonable. Interest paid to a shareholder is not deductible.
Bad debt
a ebt reser es are not e u t b e n ao owe er a e u t on s a owe a
erta n ro e ure has been o owe one st annot re o er the ebt an the ebt s
ultimately written off.
Charitable contributions
har tab e ontr but ons n ao are m te to o annua re enue
Tra el expenses
ra e e enses or a m n strat e a t t es are m te to o annua re enue

Reception expense
e e t on an te e hone osts are m te to o annua re enue
nterta nment e enses are non e u t b e n ao
Pension expenses
ens on e enses are e u t b e when a n ao
Bribes, ki kba ks, and illegal payments

Bribes, kickbacks, and illegal payments are not deductible in Lao PDR.
ines and penalties

nes an ena t es are not e u t b e n ao
Taxes
an n ut a when ur has ng fi e assets are not e u t b e or
calculation purposes.
et operating and apital losses

a osses an be arr e orwar or three ears but no arr ba k s a owe hange
n ontro w not m a t a om an s oss arr orwar a ta osses are treate as
ordinary losses.

a ments to ore gn a fi ates are e u t b e n the or nar ourse o bus ness L
Group taxation
onso at on or grou ng s not erm tte an ea h ent t must fi e on a se arate bas s
in Lao PDR.
Transfer pricing
here are no s e fi trans er r ng ru es n ao owe er nter om an
transa t ons shou be at arm s ength
Thin capitalisation
he rat o o ebt to a ta must not e ee o the tota a ta or on ess on
n estment a t t es here are no th n a ta sat on ru es or genera n estment
activities in Lao PDR.

here s no or s m ar reg me n ao

oreign tax redit
here s no ore gn ta re t reg me n ao a aw owe er erta n ta treat es
entere nto b ao o ha e ro s ons or e ther e u t b t o ore gn ta or a
credit.
T in enti es
n ent es are ro e un er the aw on n estment romot on h s aw
es n estment areas nto three ones name one one an one an
divides the investment activities into three different levels of promoted activities, namely

romote t t romote t t an romote t t he e em t ons

are as follows:
Promoted Promoted Promoted

Activity 1 Activity 2 Activity 3
Zone Areas (years) (years) (years)
1 Mountainous, plain, and plateau zones with no 10 6 4
economic infrastructure to facilitate investments.
2 Mountainous, plain, and plateau zones with a 6 4 2
moderate level of economic infrastructure suitable
to accommodate investments to some extent.
3 Mountainous, plain, and plateau zones with good 4 2 1
infrastructure to support investments.
e em t on starts rom the ate o the enter r se beg nn ng ts bus ness o erat ons
or a t t es ro u ng new ro u ts resear h an new te hno og the e em t on
ommen es rom the ate the enter r se starts mak ng rofit ter fin sh ng the er o
o e em t on as ment one abo e the enter r se sha a n a or an e to the
a aw
Mining and hydro power concession and tree plantation shall comply with concerned
laws.
n enti es related to ustoms duty and ot er taxes

In addition to the incentives related to PT, investors shall also be entitled to the following
ustoms ut an other ta n ent es
• em t on rom n the ne t a ount ng ear or a bus ness that s en s ts net

rofit to e an ts bus ness
• em t on rom m ort ut on raw mater a s e u ment s ares arts an eh es
that are re t use or ro u t on s or m ort ta e em t on o these tems one
sha om w th s e fi regu at ons
• em t on rom e ort ut or e ort ng genera ro u ts s or e ort o natura
resour es an ro u ts rom natura resour es one sha om w th on erne aws
an regu at ons m ortat on o a t es o ue s not e em te rom m ort ut es
an ta es
• n estors an trans er the annua osses to the ne t o ow ng ear to be e u te
rom rofit w th n the er o o three ears howe er the osses sha be au te
an ert fie b the ta o fi er ter th s er o the rema n ng oss s not a owe to
be e u te rom rofit an more n the ase o the e a an e fi onom
ones the n ent es re ate to ustoms ut es an other ta es sha om w th the
e rees on the estab shment an management o ea h one
Spe ifi promotion in enti es

Investment in hospitals, kindergartens, academic schools, vocational schools, colleges,
universities, research centres, and some activities related to public utilities shall
obta n an e em t on o renta or an on ess on as o ows
• one em t on o renta or an on ess on or ears

• one em t on o renta or an on ess on or ten ears
• one em t on o renta or an on ess on or three ears
Investment in hospitals, kindergartens, academic schools, vocational schools, colleges,

un ers t es resear h entres an ub ut t es sha obta n an a t ona fi e ear
er o o e em t on

Wit olding taxes

sa e to ar ous t es o a ments ma e to omest an ore gn re ents
Payment WHT rate (%)

ividends and rofit from sale of shares 10
Interest from lending activities, commission, and guarantee fees 10
Income from non-business activities of the State Organizations, Lao Front for 10
National Construction, Mass Organization, and Civil Society
Prizes and lottery prizes 10
Intellectual property (IP) royalty 5
Sale or transfer of real property 5
ao has s w th the o ow ng ountr es an rates un er the treat es are as

follows:

Belarus 5/10 8 5
Brunei - - -
China 5 5 5
Kuwait (not in force) - - -
Luxembourg 5/15 10 5
Malaysia 5 10 10*
Myanmar - - - L
North Korea 5 10 5
Russia 10 10 0
South Korea - - -
Thailand 10 10 5
Vietnam 10 10 5
* The rate stipulated under Lao PDR law is lower than the limit provided in the DTT.
oreign ontra tor wit olding tax W T

n on a ments to ore gn ontra tors a es where a ao ontra t ng
party contracts with a foreign party that does not have a licence to do business in
Lao PDR (regardless of whether the services are provided in Lao PDR or outside Lao
he om r ses both a an e ement an s the fina ta on the
ore gn om an he w thho ng an fi ng ob gat on rests w th the ao
customer.
or ore gn ontra tors must be w thhe at a eeme er entage o ta ab e

turnover. The deemed rates are determined according to the nature of the contract or
activity.
Deemed pro t mar in

Activity (% of business revenue) Deemed PT rate (%)
Commerce 5 1.2
Production 8 1.92
Transportation and construction 10 2.4
Service 20 4.8
he abo e rates are un er rt e o nstru t on o on m ementat on o

the a aw or ng to the a e artment these rates are a ab e unt the
re e ant su ort ng regu at ons o the a aw are ssue
hese rates are then a e to the at to eterm ne the tota or

e am e a ore gn ser e harge o wou resu t n o an
o or a tota o a ments to o erseas ent t es are sub e t to
an wh e a ments or goo s are sub e t to as s a
before the goods enter Lao PDR.
Tax administration
Taxable period
PT is determined on a calendar-year basis.
Tax returns
he annua ta return s ue b ar h o the subse uent ear ubm ss on o the fina
ta return w be o owe b an au t b the a e artment
Payment of tax
s a ab e uarter n a an e w th a fina a ment a ter ear en he first
three a ments must be a b r u an tober o the urrent ta
ear he fina a ment s ue w th the subm ss on o the fina ta return b ar h
o the subse uent ear he uarter a ments are base on the r or ear s or
e e te ta or the urrent ear n e ess a ment an be arr e orwar to the
subse uent ear
Tax audit pro ess

or ng to nter r se aw the au t o a arge om an who has assets o more
than b on s ment one owe er n ra t e the ta author t es w a ess the
om an a ter the annua ta fi ng an ssue a ert fi ate a ter the om ete the r au t
process to the company. Most large companies are audited annually in Lao PDR.
Statute of limitations
The statute of limitations is generally three years in Lao PDR.
Topics of focus for tax authorities

here are no areas o s e a o us n ta e am nat ons n ao

Macau
PwC contact
Grace Cheung
PricewaterhouseCoopers (Macau) Ltd.
29/F, Bank of China Building
323 Avenida Doutor Mario Soares
Macau, SAR
Tel: +853 8799 5121
Email: grace.cheung@hk.pwc.com

Tax in enti es or t e tax year
On 17 December 2015, the Legislative Assembly approved certain tax incentives
ro ose b the h e e ut e o a au n the u get or the finan a ear he
key tax incentives include the following:
• The tax-free income threshold for complementary (corporate) tax has been increased
rom a anese ata as to or n ome er e n the ta
ear a ab e n ome o er s ta e at
• The standard MOP 3,500 reduction in property tax liabilities will continue to be
a a ab e n the ta ear or both se use an renta ro ert es h s n ent e
does not apply to corporate and Macau non-residents.
• estaurants w ont nue to be e em t rom tour sm ta n the ta ear
• nsuran e o es wr tten or renewe n the ta ear an bank ng transa t ons
n the ta ear w ont nue to be e em t rom stam ut
• Admission tickets for performances, exhibitions, and entertainment programs will
ont nue to be e em t rom stam ut n the ta ear M
• Commercial and industrial operations will continue to be exempt from the annual
n ustr a ta n the ta ear

Complementary tax is imposed on the worldwide income earned by Macau-registered
entities, irrespective of where their residence or headquarters are situated and
irrespective of the nature of the income. The exception to the foregoing is rental income
from leasing of immovable properties located in Macau, which is taxed separately under
the property tax regime.
Generally, if a foreign entity is engaged in commercial/industrial activities and/

or rendering services in Macau, the resultant gain from such commercial/industrial
activities and/or services rendered will be subject to complementary tax.
According to the Macau Complementary Tax Law, complementary tax is imposed on a

rogress e rate s a e rang ng rom to or ta ab e rofits be ow or e ua to
an or ta ab e rofits o er a ab e rofits be ow
32,000 are exempt from tax.
or ng to the u get or the finan a ear a ro e b the eg s at e ssemb

u get the ta ree n ome thresho or om ementar ta has been n rease
rom to or n ome er e n the ta ear ta ab e
n ome n e ess o s ta e at he hanges n the ta ree n ome
threshold and the tax brackets are subject to approval by the Legislative Assembly on an
annual basis, unless such amendments are written into the relevant tax laws.
www.pwc.com/taxsummaries Macau 196

Macau
Types o taxpayers and asso iated tax bases
Group A taxpayers
Taxpayer entities whose registered capital reached MOP 1 million, or whose average
ta ab e rofits rea he er ear n three onse ut e ears w
automatically become Group A taxpayers in the tax year following the year in which the
re e ant not fi at on s ssue b the a au nan e ureau ta a er ent t
an a so e e t to be ome a rou ta a er b fi ng a rou e arat on orm rofits
of Group A taxpayers are assessed based on the actual accounting income after making
necessary tax adjustments.
Group B taxpayers
Group B taxpayers refer to any individual or any other form of companies not mentioned
abo e an those ta a ers that o not kee eta e a ount ng re or s rofits o rou
B taxpayers are assessed on a deemed basis if the reported income is below the internal
parameters set by the MFB for taxpayers in similar industries.
orporate residen e
Corporate residence is generally determined by reference to the place of establishment.

here s no s e fi efin t on o n the a au om ementar a aw e hn a
speaking, there are two major criteria for determining whether a foreign entity should
be subject to complementary tax, and the key phrases are ‘engaging in commercial/
industrial activities’ and/or ‘rendering services in Macau’. These phrases are also not
efine enera a ore gn ent t s engage n ommer a n ustr a a t t es an
or rendering services in Macau, the resultant gain from such commercial/industrial
activities and/or services rendered will be subject to complementary tax.
t er taxes
alue added tax T
There is no VAT regime in Macau.
ustoms duties import tari s

Apart from consumption tax imposed on tobacco and spirits entering into Macau, there
are no customs duties/import tariffs in Macau.
onsumption tax ex ise duty

Consumption tax is imposed only on tobacco and spirits entering into Macau.
There are two methods for determining the amount of consumption tax payable, by
quantity or by value. The former method of assessment is based on the weight or volume
of goods and the latter is based on the price of the goods imported into Macau. The rate
o onsum t on ta ar es e en ng on the ass fi at on o the m orte goo s
roperty tax
Property tax is imposed annually on the owner of buildings situated in Macau. This is
first a ab e a ter a u r ng a ro ert or u on the e r o the ro ert ta e em t on
period, if applicable. Different exemption periods are granted, depending on the
location of the property. Additional exemption periods may apply in special cases.
or ease ro ert es ro ert ta s harge at on the a tua renta n ome an b

a at on a ma mum e u t on base on o the renta n ome er e to o er
repair and maintenance expenses incurred will be granted, if approved by the MFB.
197 Macau PwC Worldwide Tax Summaries

Macau
or se use ro ert es ro ert ta s harge at on the o fi a ratab e a ue as

estab she b the a o nte omm ttee o the e u t on o o the o fi a
ratable value to cover repair and maintenance expenses will be automatically granted for
self-use property. If the property is not occupied, the owner can apply for an exemption
from property tax, the approval of which is entirely at the discretion of the MFB.
or ng to the u get there s a stan ar re u t on n the ro ert

ta ab t es assesse n the ta ear or both se use an renta ro ert es h s
incentive does not apply to corporate and Macau non-residents.
Stamp duty
Stamp duty is payable on certain types of documents and stampable transactions at a
sma fi e amount or at rates rang ng rom to on the a ue re resente b the
documents and transactions.
The charge to stamp duty has been extended to property transfers and the irrevocable
trans er o erta n assets tam ut at rogress e rates rang ng rom to s
a ab e on trans er o mmo ab e ro ert w th a sur harge o on the ut a ab e
resu t ng n e e t e stam ut rates o to he rre o ab e trans er o
erta n assets w thout ons erat on s sub e t to a stam ut
Insurance policies, written or renewed, and banking transactions have been exempt from
stamp duty since 2005. This exemption has been approved by the Legislative Assembly
an w ont nue to be a a ab e n the ta ear
Admission tickets for performances, exhibitions, and any kind of entertainment

rogrammes are e em t rom stam ta or the ta ear as a ro e b the
Legislative Assembly. This exemption, if extended, will be published by the Macau
government on an annual basis. M
Spe ial Stamp uty SS

he trans eror o a res ent a ro ert ommer a ro ert o fi e ar ark ng s a e
or ro ert un er onstru t on s sub e t to at on the a ue o the ro ert
the ro ert s reso w th n a ear o ts ur hase he rate s re u e to
the resa e takes a e between one an two ears a ter the ur hase he s a so
a ab e to trans ers o an or more shareho ng nterest n a a au om an that
has properties.
Buyer Stamp uty BS

A company, an entrepreneur, or a non-Macau resident acquiring a residential property in
a au s sub e t to at a at rate o on to o the e st ng tam ut an
if applicable.
ro essional Salaries Tax

Professional Tax is payable by anyone receiving income from employment services
performed in Macau or from a Macau employment. In Macau, the Professional Tax
reporting, withholding, and remittance obligations rest with the employer.
ayroll taxes
There is a pay-as-you-earn (PAYE) system, similar to those used in other countries,
which is applicable to salaried individuals only. The employing entity is obligated to
report and collect the amount of professional tax payable from its employees each
month and remit such payments to the MFB before the 15th day of the month following
the quarter-end for local resident employees and foreign employees with valid work
visas.
www.pwc.com/taxsummaries Macau 198

Macau
Social security fund contribution

Social security fund contribution in the total amount of MOP 45 per month is payable for
resident employees. The employer contributes two-thirds of the amount (i.e. MOP 30)
and the employee contributes one-third of the amount (i.e. MOP 15).
nnual industrial tax

he annua n ustr a ta has been e em te or the ta ear an has been
exempted on an annual basis by the Macau government since 2002.
Under the Industrial Tax Code, all commercial or industrial operations carried out in
Macau are subject to industrial tax at the beginning of each year. The amount of the tax
is dependent upon the nature of the business. The table below is an illustration of the tax
amounts applicable to certain types of businesses in Macau.
Type of business Tax (MOP)

Commercial banks 80,000
Construction companies 500
Hotels 500
Insurance companies 500
Textile companies 500
Spe ial gaming tax

e a gam ng ta s e e at on the gross gam ng re enue er e b gam ng
concessionaires authorised to carry on the operation of games of chance in Macau under
aw
Tourism tax
our sm ta s m ose at the rate o on b s o ser es e u ng
te e ommun at on an aun r ser es an ser e harges o u to ren ere
in Macau by establishments such as hotels, guest houses, dancing halls, night clubs,
massage/sauna parlours, gymnasiums, karaoke, and the like. Such tax is generally borne
by consumers.
estaurants are e em t rom tour sm ta n the ta ear an ha e been e em t a

an exemption published on an annual basis by the Macau government, since 2002.
otor e i le tax
Motor vehicle tax is imposed on the sale of new motor vehicles to consumers and the
importation of new motor vehicles for self-use. Exemptions are available to certain
ersons an organ sat ons an or erta n s e fi usages enera motor eh e ta
is levied based on the listed selling prices as registered with the MFB. The rate of motor
vehicle tax varies depending on the type of motor vehicle and its value.
and rent
Land rent is payable by lessees of leasehold land in Macau on an annual basis according
to the amount s e fie n the re e ant ease ontra t
or ng to the u get an rent be ow sha not be o e te b the

n the ta ear owe er an su h amount a rea o e te sha not be
refunded.
Bran in ome
Branch income is subject to tax at the same rate as that for corporations. The taxable
income is ascertained based on branch accounts.
199 Macau PwC Worldwide Tax Summaries

Macau
n ome determination
The paragraphs below describe the tax acceptable treatments under the prevailing
Complementary Tax Law and are for reference only.
n entory aluation
Inventory should be stated at actual cost, and conformity between book and tax
reporting is required. Market selling price or replacement cost is allowed only in special
circumstances, and prior approval of the Director of the MFB is required for adoption of
such inventory valuation methods. The write-down of inventory values is not permitted.
apital gains
Gains or losses from the realisation of capital assets of a corporate taxpayer are treated
as current revenue or expense items for complementary tax purposes.
i idend in ome
Dividends from all sources are subject to complementary tax in the hands of a recipient
n or orate n a au un ess the en s were a out o rofits that ha e been
taxed at the corporate level in Macau. Where dividends to shareholders are paid out of
rofits o a a au ent t that ha e not been ta e n a au om ementar ta w
technically be charged on the dividend distribution to the shareholders.
nterest in ome
Interest income received by or accrued to a corporate taxpayer in Macau is subject to
complementary tax.
oreign in ome
Companies incorporated in Macau are subject to complementary tax on worldwide
income, wherever received or credited. There are no provisions in the Macau M
Complementary Tax Law that allow foreign income to be deferred for tax purposes.
Currently, double taxation relief is available under the respective double taxation
agreements (DTAs) that Macau has with Cabo Verde, the People’s Republic of China,
Mozambique, and Portugal.
edu tions
Please note that the assessor is empowered to disallow any business expenses (e.g.
entertainment, travelling) where the amount incurred is considered to be excessive.
epre iation
n n t a a owan e o s grante on bu ngs he rates o ta e re at on are
detailed in Decree-Law No.4/90/M, dated 5 March 1990. The Decree-Law prescribes
the maximum annual tax depreciation rates and the number of years of asset life for
different asset classes under the straight-line method. For illustration, the maximum
depreciation rates and the maximum useful life currently applicable to the general types
of assets are set out below:
Maximum annual Maximum number

Assets percentage rate (%) of years
Industrial buildings 4 50
ffice and residential b ildings 2 100
Machinery and installations, air conditioning, 10 to 20 20 to 10
elevators, equipment
Tools 20 to 33.3 10 to 6
www.pwc.com/taxsummaries Macau
Macau
Maximum annual Maximum number

Assets percentage rate (%) of years
Laboratory, telex and interior telephone 16.66 to 25 12 to 8
e i ment, f rnit re, filing s stems, t ewriters,
and accounting machines
Computer hardware 25 8
ffice installations 14.29 14
Trucks 14.29 14
Automobiles 20 10
Intangible assets, pre-operating expenses incurred 33.33 6
prior to commencement of business
Deferred expenses arising in connection with 33.33 6
increases in share capital, changes in form of
business enterprises, issuance of debentures,
marketing and other st dies, and financial
expenses incurred for the acquisition or own
rod ction of fi ed assets rior to com letion
Patents 10 20
Manufacturing licences, concessionary * *
agreements, and similar rights
Trademark * *
* At the discretion of the authorities.
In the case of commercial and industrial buildings, depreciation is not allowed for the
value attributable to the cost of the freehold land. Where the value of the freehold land
annot be eterm ne rom the tota ost o an an bu ngs a ort on e ua to s
deemed to be attributable to the land value for the purpose of determining the value of
buildings to be depreciated.
Depreciation can be claimed either on a prorated basis in accordance with the prescribed
annua rates or assets that are not a u re at the beg nn ng o the finan a ear or on
an annual basis.
he ost o re a rs an ma ntenan e e ee ng o the a u s t on ost o the asset n

a given year is deemed to be an expense of a capital nature and should be capitalised and
depreciated over the remaining life of the asset.
oodwill
Cost of acquisition of goodwill/amortisation of goodwill is generally deductible to the
e tent t s n urre n the generat on o assessab e rofits
nterest expenses
here s no th n a ta sat on ru e n a au owe er the ma assess the
reasonableness of the interest rate charged for interest expense paid to related parties.
Bad debts
The amount provided against doubtful trade receivables is an allowable tax deduction,
but the ro s on annot e ee o the tota re e ab es e e t n the ase o banks
where the minimum provisions required under the local banking regulations are fully
tax-deductible.
Debts considered uncollectible may be written off only when adequate proof can be
shown, usually by way of bankruptcy court proceedings.
e u t on o u to o the om an s turno er s a owab e or onat ons to
charitable organisations recognised by the tax authority.
Macau PwC Worldwide Tax Summaries
Macau
ension expenses
The employer’s contribution to the staff provident fund legally registered in Macau is
u ta e u t b e u to o the em o ees bas sa ar
ine and penalties

a fines are not e u t b e
Taxes
a es e e t or om ementar ta an ta es a on or orate rofits are genera
e u t b e to the e tent the are n urre n the generat on o assessab e rofits
• n amount ro e aga nst sto k obso es en e o u to o the tota sto k a ue at

year-end is allowed as a tax deduction.
• Losses arising from insurable risks are not allowable as a tax deduction.
• ta so a we are e enses a or the benefit o em o ees or e am e anteens
and libraries, are fully tax-deductible.
et operating losses
Agreed tax losses can be carried forward for three consecutive years for Group A
taxpayers. Group B taxpayers are not allowed to carry their tax losses forward to future
years. Tax losses cannot be carried back in Macau.

he regu at ons make no s e fi ment on o ro a t es an ser e ees a to ore gn
a fi ates he genera mon tors the e u t b t o su h a ments a ments to
foreign service providers for consulting services or construction-related services are not
deductible if such consulting contracts are not properly registered in Macau. M
roup taxation
There is no provision for group taxation in Macau.
Trans er pri ing

There is no transfer pricing provision in the Macau tax regime.
T in apitalisation
There is no thin capitalisation provision in the Macau tax regime.

There are no CFC rules in the Macau tax regime.

oreign tax redit
There is no foreign tax credit provision in the Macau Complementary Tax Law. Foreign
tax credit is only available under the relevant provisions of the comprehensive tax
arrangements/agreements that Macau has entered into with the People’s Republic of
China, Portugal, Mozambique, and Cabo Verde, respectively.

re u t on n om ementar ta an stam ut on erta n transa t ons as
well as exemptions from annual industrial tax (currently exempt for all taxpayers)
and property tax (up to periods prescribed by the MFB), are allowable for taxpayers in
the manu a tur ng n ustr as efine n the e ree aw whose a ta n estment
Macau
is aimed at the introduction of new products or high technology, improvement of

productivity, and increase in exports of goods to new markets.
here rofits are reta ne n reser es an re n este n nsta at on o new e u ment

w th n the o ow ng three finan a ears the re n este reser es an be e u te rom
ta ab e rofits ro e that the re n este reser es are attr butab e to rofits earne
rom norma bus ness o erat ons an the n estment s ons ere to be benefi a or
the economic development of Macau.
s ore ser i es business in enti es

rofits er e b a ro e o shore nst tut ons rom res r be o shore ser e
related activities are exempt from all forms of taxes, such as complementary tax, annual
industrial tax (currently exempt for all taxpayers), and stamp duties.
n enti es or owners o touristi a ilities

Additional incentives, such as an extended property tax exemption period, exemption
from annual industrial tax (currently exempt for all taxpayers), reduction in stamp duty,
as well as acceleration of depreciation for complementary tax purposes, are available to
owners of facilities that qualify as touristic facilities.
Wit olding taxes

Currently, there is no provision in the Macau Complementary Tax Law for the
withholding of taxes from payments made by domestic corporations to overseas
companies.
Tax administration
Taxable period
The Macau tax year is on a calendar-year basis.
Tax returns
Assessments are made by the MFB upon review of the tax returns, which must be lodged
before 31 March or 30 June of each year for Group B or Group A taxpayers, respectively.
ayment o tax
ro s ona ta a ment a u ate base on the e are ta ab e rofit or a rou
ta a er or fina assesse rofit or a rou ta a er s a ab e n two e ua
nsta ments n e tember an o ember owe er the amount s not greater than
MOP 3,000, payment will be requested in one lump sum amount in September. For
rou ta a ers a fina ta assessment w be ssue u on om et on o the ta
assessment by the MFB and additional tax payment, if any, will be due around a month’s
time after issuance.
Tax audit pro ess

here s no s e fi ta au t e n a au he s em owere b the a au
Complementary Tax Law to carry out a tax audit whenever the information provided by
a ta a er n ts ta return s ons ere un ear or nsu fi ent an subse uent re es
to the MFB’s queries, if any, are considered inadequate.
he statute o m tat ons er o s fi e assessment ears rom the re e ant ear o
assessment for both Group A and Group B taxpayers.

Macau

The MFB generally focuses on the deductibility of expenses (e.g. staff costs, provisions,
depreciation, management fees, payments made to overseas service providers, bad
debts, donations).
t er issues
A foreign company conducting business (except for short-term projects) in Macau is
obligated to set up a legal establishment, which can be in the form of a company or a
branch.
There are two types of Macau companies: companies limited by shares and companies
limited by quotas. The capital and corporate governance requirements for a company
limited by shares are higher than a company limited by quotas, and, in general, a
company limited by quotas is used by investors that are not in regulated industries.
Ex ange o in ormation
Law 20/2009 is the legislation that governs the exchange of information by Macau
with other tax jurisdictions within the scope of bilateral tax treaties or arrangements.
Its objective is to promote the transparency of the Macau tax administration and to
demonstrate Macau’s willingness to cooperate with treaty partners in combating tax
avoidance or tax evasion activities.
he n ormat on to be e hange un er aw s str t onfine to n ormat on

collected for tax purposes only, and includes the following:
• Information collected within the jurisdiction of the MFB. M

• n ormat on o e te b the rom finan a nst tut ons that are go erne b the
Macau Financial System Act and offshore institutions that are governed by the Macau
Offshore Law (the Institutions).
So far, Macau has concluded tax information exchange agreements (TIEAs) or DTAs
that comply with the latest internationally agreed standards with 20 different tax
jurisdictions. The following tables summarise the TIEAs and DTAs that Macau has
signed, and the TIEAs and DTAs that are in negotiation:
TIEAs have been signed by Macau with the following countries:
• Argentina • Guernsey • Norway

• Australia • Iceland • Sweden
• Denmark • India • United Kingdom of
• Faroe Islands • Jamaica Great Britain and
• Finland • Japan Northern Ireland
• Greenland • Malta
TIEAs are in negotiation with the following countries:
• Germany
• Ireland
• New Zealand
DTAs have been signed by Macau with the following countries:
Treaty partners Effective date

Belgium Not yet effective
Macau
Treaty partners Effective date

Cabo Verde 11 January 2011
The Mainland of China 1 an ar 200 ote that the first rotocol and the second rotocol
became effective on 15 September 2010 and 8 October 2011,
respectively)
Mozambique 11 January 2011
Portugal 1 January 1999
DTAs are in negotiation with the following jurisdictions:
• ong ong
• Vietnam
It is believed that more comprehensive DTAs or TIEAs will be signed between Macau and
other tax jurisdictions in the near future to demonstrate Macau’s willingness to continue
to cooperate with the Organisation for Economic Co-operation and Development
(OECD) countries in combating tax avoidance or evasion activities.
As the information of a Macau taxpayer is becoming more transparent under

comprehensive DTAs or TIEAs, it is important for Macau companies with cross-
border transactions to perform periodic tax health checks to ensure that tax planning
arrangements, if any, that have been put in place in the past, remain technically
defensible. As Macau offshore companies continue to be a focus of investigations for
many tax jurisdictions, it is important to ensure that such companies have adequate
commercial substance in Macau and the companies’ transfer pricing policies are
supported by appropriate transfer pricing documentation and transfer pricing studies.
Principle agreement to facilitate the implementation of the United States (US)

Foreign Account Tax Compliance Act (FATCA)
n ate a au an the n te tates fin she negot at on an rea he n
substance an intergovernmental agreement (IGA) that will facilitate compliance
with the US FATCA. The formal IGA will be executed in due course. Under the IGA,
finan a nst tut ons n a au are re u re to reg ster an on u e se arate n ua
agreements with the US Internal Revenue Service (IRS). Under these agreements, these
Macau institutions shall seek the consent of their account holders who are US taxpayers
for reporting their account information to the US IRS annually. The consensus reached
under the IGA demonstrated Macau’s commitment to further enhance tax transparency
in the international community.

Malaysia
PwC contact
Jagdev Singh
Level 10, 1 Sentral
Jalan Travers
Kuala Lumpur Sentral
50470 Kuala Lumpur
Malaysia
Tel: +60 3 2173 1469
Email: jagdev.singh@my.pwc.com

Tax amnesty
The 2016 Budget Recalibration was announced on 28 January 2016. Among the
measures ntro u e was a ta amnest rogramme h s rogramme was first
introduced for the period 1 May 2015 to 30 November 2015 and was introduced in the
2016 Budget Recalibration, a second time, for the period 1 March 2016 to 15 December
2016.
The tax amnesty programme is implemented in efforts to encourage tax compliance and
expedite tax collection for the government. It provides a reduction in penalty and waiver
o n rease n ta or ases n o ng fi ng o ba k og returns an sett ement o ta es n
arrears in respect of income tax, petroleum income tax, real property gains tax (RPGT),
and stamp duty.
reen te nology in enti es

The Malaysian Investment Development Authority (MIDA) issued guidelines in
December 2015 for green technology incentives. The guidelines extended the incentive
period for existing green incentives and spelled out additional qualifying activities.
Please refer to the Tax credits and incentives section for details.

For both resident and non-resident companies, corporate income tax (CIT) is imposed
on income accruing in or derived from Malaysia. The current CIT rates are provided in
the following table:
CIT rate for year

Chargeable of assessment
Type of company income (MYR) 2016 (%)
Resident company (other than company described below) 24
Resident company: n the first 19
• with paid-up capital of 2.5 million Malaysian ringgit (MYR) 500,000
or less In excess of 24
• that does not control, directly or indirectly, another 500,000
company that has paid-up capital of more than MYR 2.5
million, and
• is not controlled, directly or indirectly, by another
company that has paid-up capital of more than MYR 2.5
million.
Non-resident company 24
206 Malaysia PwC Worldwide Tax Summaries

Malaysia
etroleum in ome tax

Petroleum income tax is imposed at the rate of 38% on income from petroleum
operations in Malaysia. An effective petroleum income tax rate of 25% applies on
n ome rom etro eum o erat ons n marg na fie s w th e e t rom o ember
2010. No other taxes are imposed on income from petroleum operations.
o al in ome taxes
There are no other local, state, or provincial government taxes on income in Malaysia.
orporate residen e
om an s ta res ent n a a s a n a bas s ear norma the finan a ear at
any time during the basis year, the management and control of its affairs are exercised in
Malaysia. Generally, a company is regarded as resident in Malaysia if, at any time during
the basis period for a year of assessment, at least one meeting of the Board of Directors is
held in Malaysia concerning the management and control of the company.

enera a non res ent ent t s regar e as ha ng a n a a s a t has a fi e
place of business in Malaysia, where the business of the entity is wholly or partly carried
on. A non-resident company may also be deemed to have a PE in Malaysia under certain
circumstances, such as the following:
• It is represented by a dependent agent in Malaysia who has the authority to conclude

contracts on its behalf and who has repeatedly exercised that authority.
• It carries on supervisory activities in Malaysia for six/nine months in connection with
a construction, installation, or assembly project.
M
t er taxes
GST was implemented from 1 April 2015 at the standard rate of 6% and replaced the
r or sa es an ser e ta reg me us nesses mak ng ta ab e su es where the annua
sales turnover exceeds MYR 500,000 must register for GST, which is administered by the
Royal Malaysian Customs Department.
mport duties
Import duties are levied on goods that are subject to import duties and imported into
the country. Import duties are generally levied on an ad valorem basis but may also be
m ose on a s e fi bas s he ad valorem rates of import duties range from 2% to
60%. Raw materials, machinery, essential foodstuffs, and pharmaceutical products are
generally non-dutiable or subject to duties at lower rates.
Ex ise duties
Excise duties are imposed on a selected range of goods manufactured and imported into
Malaysia. Goods that are subject to excise duty include beer/stout, cider and perry, rice
w ne mea un enature eth a oho bran wh sk rum an tafia g n garettes
containing tobacco, motor vehicles, motorcycles, playing cards, and mahjong tiles.
The rate of excise duties vary from a composite rate of MYR 0.1 per litre and 15% of
the value for certain types of spirituous beverages, to as much as 105% of the value of
motorcars (depending on engine capacity).
roperty tax
Property tax is levied on the gross annual value of property as determined by the local
state authorities.
www.pwc.com/taxsummaries Malaysia 207

Malaysia
eal property gains tax T

s harge u on ga ns rom s osa s o rea ro ert wh h s efine as
• any land situated in Malaysia, as well as any interest, option, or other right in or over
such land, or
• shares in a real property company (RPC), which is a controlled company holding real
ro ert or shares n another or a omb nat on o both where the tota efine
value is not less than 75% of its total tangible assets.
RPGT is imposed on companies as follows:
Holding period from date of acquisition RPGT rate (%)

Up to three years 30
In the fourth year 20
n the fifth ear 15
ceeding five ears 5
Stamp duty
Malaysia imposes stamp duty, which is payable by the buyer/transferee, on chargeable
instruments. Some examples are provided as follows:
Transaction type Value chargeable Stamp duty rate (%)

Sale/transfer of properties (excluding stock, arket val e 1 to 3
shares, or marketable securities)
Sale/transfer of stock, shares, or marketable Consideration paid or market 0.3
securities val e, whichever is higher
ervice/loan agreements al e of services/loans 0.5
Wind all profit le y

e s m ose on ru e a m o an ru e a m kerne o where the r e e ee s
MYR 2,500 per ton in Peninsula Malaysia, and MYR 3,000 per ton in the states of Sabah
an arawak
ontra t le y
e o on ontra t works ha ng a ontra t sum abo e s
imposed on every registered contractor by the Construction Industry Development
Board.
ayroll taxes
Under the Monthly Tax Deduction scheme, employers are required to deduct the
prescribed amount of tax from employees’ salaries each month, to be remitted to the tax
authorities not later than the 15th day of each calendar month.
Employees’ Provident Fund (EPF)

The Malaysian EPF is a compulsory pension scheme for all Malaysians. The EPF provides
for compulsory retirement savings and contributions for all Malaysian citizens and
a a s an ermanent res ents who are work ng n a a s a t s not om u sor or
non-Malaysian citizens and non-Malaysian permanent residents to contribute to the EPF,
but they may elect to do so.

Malaysia
Malaysian citizens and permanent Expatriates and foreign workers

residents (mandatory) (voluntary)
% of contribution of employee’s wages (minimum)
Contribution by Employer Employee Employer Employee
Up to age 60:
Income > MYR 5,000 12.0% MYR 5
11.0%* per person 11.0%*
ncome ,000 13.0%
Age 60 and above, to
Income > MYR 5,000 6.0% MYR 5
5.5%* per person 5.5%*
ncome ,000 6.5%
ffective from arch 2016 to ecember 201 , the minim m stat tor rate of em lo ees contrib tion to
the Malaysian EPF has been reduced from 11% to 8% (in respect of the employees below age 60), and
. to for the em lo ees between age 60 and . owever, em lo ees can o t to maintain the
original 11 rate or . for em lo ees between age 60 and b com leting the re isite form and
s bmitting it to their res ective em lo ers, who will then forward it to the nearest P office.
Social Security Organisation

Malaysia also has a Social Security Organisation (SOCSO) who administers the
Employment Injury Insurance Scheme (EIIS) and the Invalidity Pension Scheme (IPS).
All employees with monthly wages below MYR 3,000 are covered by the schemes, and
employees who qualify for the schemes will continue to remain within the schemes
notwithstanding that their monthly wages may subsequently exceed MYR 3,000. A
monthly contribution must be made and may fall under one of two categories:
• oth the em o er an em o ee make month ontr but ons to an he

sum is based on the employee’s monthly wages and is restricted to a maximum of
MYR 51.65 for the employer and MYR 14.75 for the employee. M
• he em o er makes a ontr but on to on or em o ees who are not e g b e to
be covered under the IPS, with the amount restricted to a monthly maximum of MYR
36.90.
uman resour e de elopment le y

Employers engaged in the manufacturing and services sectors that employ more than a
s e fie number o em o ees must ontr bute to the uman esour e e e o ment
un he e re u re to be a s at the rate o o the em o ees
monthly wages on a monthly basis.
Bran in ome
a rates on bran h rofits o a om an are the same as rates o ta s w thhe on
trans er o rofits to a ore gn hea o fi e
n ome determination
n entory aluation
Inventories are generally stated at lower of cost or net realisable value. Cost may be
eterm ne us ng one o se era metho s e g un t ost a erage ost or first n first out
[FIFO]), as long as the basis used is consistent for each year.
apital gains
Generally, gains on capital assets are not subject to tax, except for gains arising from the
disposal of real property situated in Malaysia, which is subject to RPGT (s
a ss i i a i ).

Malaysia
i idend in ome
Malaysia is under the single-tier tax system. Dividends are exempt in the hands
of shareholders. Companies are not required to deduct tax from dividends paid to
shareholders, and no tax credits will be available for offset against the recipient’s tax
liability. Corporate shareholders receiving exempt single-tier dividends can, in turn,
distribute such dividends to their own shareholders, who are also exempt on such
receipts.
Stock dividends
A Malaysian corporation may distribute bonus shares tax-free to shareholders.
nterest in ome
Interest income accruing in or derived from Malaysia or received in Malaysia from
outs e a a s a s sub e t to owe er e em t on s ro e on nterest n ome
received in Malaysia from outside Malaysia. Other exemptions granted include interest
n ome earne b a non res ent erson rom e os ts a e n es gnate finan a
institutions in Malaysia.
oreign in ome
Under the Income Tax Act 1967, a Malaysian tax-resident company and a unit trust
are not taxed on their foreign-sourced income, regardless of whether such income is
re e e n a a s a owe er n ome o a res ent om an rom the bus ness o a r
sea trans ort bank ng or nsuran e s assessab e on a wor w e bas s
Taxation on a worldwide basis does not apply when income attributable to a Labuan
bus ness a t t o a abuan bran h or subs ar o a a a s an bank s sub e t to ta
under the Labuan Business Activity Tax Act 1990. This exception will not apply if the
Labuan entity has made an irrevocable election to be taxed under the Income Tax Act
1967 in respect of its Labuan business activity.
Relief from double taxation is available by means of a bilateral credit if there is a

governing tax treaty or unilateral relief where there is no treaty. The relief is restricted to
the lower of Malaysian tax payable or foreign tax paid if there is a treaty, or one-half of
the foreign tax paid if there is no treaty.
Undistributed income of foreign subsidiaries is not taxable.
edu tions
apital allowan e
Capital allowance (tax depreciation) on industrial buildings, plant, and machinery is
available at prescribed rates for all types of businesses. Initial allowance is granted in the
year the expenditure is incurred and the asset is in use for the purpose of the business.
Annual allowance at the prescribed rates calculated on cost is given for every year during
which the asset is in use at the end of the basis year for the purposes of the business. The
following are examples of capital allowance rates currently available:
Qualifying asset Initial allowance (%) Annual allowance (%)

Industrial building, whether constructed or 10 3
purchased
eav machiner 20 20
General plant and machinery 20 14
rnit re and fi t res 20 10
ffice e i ment 20 10
otor vehicles 20 20*

Malaysia
Qualifying asset Initial allowance (%) Annual allowance (%)

mall val e assets of less than 1, 00 - 100
(subject to a maximum total cost of MYR
13,000)
estrictions a l on ma im m alif ing ca ital e endit re.
Accelerated capital allowance is available for certain types of industrial building, plant,
and machinery, some of which includes buildings used as a warehouse, buildings used
as a school or an educational institution, computers, information technology equipment,
environmental protection equipment, waste recycling equipment, and plant and
ma h ner use n s e fi n ustr es
oodwill
Cost of acquisition of goodwill/amortisation of goodwill is not deductible, as these
expenses are capital in nature.
Start up expenses
In general, start-up expenses incurred before the commencement of a trade, profession,
or business are capital in nature, as they were expended to put the person in a position
to earn n ome owe er there are s e fi e u t ons a owe su h as n or orat on
expenses and recruitment expenses (conditions apply).
nterest expenses
Interest expense is allowed as a deduction if the expense was incurred on any money
borrowed and employed in the production of gross income or laid out on assets used or
he or the ro u t on o gross n ome here a borrow ng s art use to finan e
non-business operations, the proportion of interest expense will be allowed against the M
non-business income.
Bad debt
ebts must be s e fi a ent fie an reasonab est mate to be rre o erab e to
qualify for a tax deduction.
onations to aritable institutions

e u t on s a owe or ash onat ons to a ro e nst tut ons efine ma e n the
basis period for a year of assessment. The deduction is limited to 10% of the aggregate
income of that company for a year of assessment.
ines and penalties

Fines and penalties are generally not deductible.
Taxes
Taxes on income are generally not deductible, whereas indirect taxes are deductible.
et operating losses
The carryforward of business losses and capital allowances is not available for deduction
in subsequent years of assessment if the company does not meet the conditions of a
shareho ers ont nu t test owe er er o ssue b the n str o nan e
these conditions currently apply only to dormant companies. Carryforward of business
losses and capital allowances is unlimited in time for non-dormant companies.
Current-year business losses may be utilised against all sources of income. Utilisation of
carried-forward losses is restricted to income from business sources only. Utilisation of
capital allowance is also restricted to income from the same underlying business source.
urrent there are no ro s ons to arr ba k osses to r or ears o assessment

Malaysia

A Malaysian company can claim a deduction for royalties, management service fees, and
nterest harges a to ore gn a fi ates ro e that these are ma e at arm s ength
an the re e ant w thho ng ta es s where a ab e ha e been a
roup taxation
om an that ua fies or grou re e ma surren er a ma mum o o ts
adjusted loss for a year of assessment to one or more related companies if the following
conditions are met by both the claimant and surrendering companies:
• Both must be resident and incorporated in Malaysia.

• Each has paid-up capital of ordinary shares exceeding MYR 2.5 million at the
beginning of the basis period.
• Both have the same (12-month) accounting period.
• They are ‘related’ throughout the basis period for a particular year of assessment as
well as the 12 months preceding that basis period.
• oth are not urrent en o ng s e fi st u ate n ent es su h as oneer status
investment tax allowance, reinvestment allowance, etc.
e ate om an s efine b the n ome a t an n o es the a at on o

a two-tier test. The companies are regarded as ‘related’ if:
• either company owns at least 70% of the ordinary share capital of the other company
or a third company owns at least 70% of each of the companies, and
• the ho ers o or nar shares are ent t e to at east o the str butab e rofits
and assets of the company on winding up.
om an es that w sh to a a themse es o grou re e must make an rre o ab e

e e t on to surren er or a m the ta oss n the return to be fi e w th the n an
Revenue Board for that year of assessment.
Trans er pri ing

he re tor enera o n an e enue s em owere to make a ustments on
transactions of goods and services if the DGIR is of the opinion that the transactions
were not entered into on an arm’s-length basis.
he trans er r ng ru es that a to ontro e transa t ons efine n u ng

finan a ass stan e s e the metho s to eterm ne the arm s ength r e an the
circumstances under which the DGIR may re-characterise transactions. The advance
pricing arrangement (APA) rules that apply only to cross-border transactions outline the
application procedures for unilateral, bilateral, or multilateral APAs.
T in apitalisation
Under the provision for thin capitalisation, the portion of the interest charge that relates
to the amount o finan a ass stan e that s e ess e s sa owe as a e u t on
owe er the m ementat on o s e fi ru es re at ng to th s ro s on has been urther
e erre to e ember

There are no CFC rules in Malaysia.

Malaysia

Malaysia has a wide variety of incentives covering the major industry sectors. Tax
incentives can be granted through income exemption or by way of allowances.
Generally, when income is exempted, any dividends paid out of such exempt income
are not taxable in the hands of the shareholders. Where incentives are given by way of
a owan es an unut se a owan es genera ma be arr e orwar n efin te
to be utilised against future statutory income. The following are the major types of
incentives available in Malaysia.
ioneer status S and in estment tax allowan e T

Companies in the manufacturing, agricultural, hotel, and tourism sectors, or any other
industrial or commercial sector, that participate in a promoted activity or produce a
promoted product may be eligible for either PS or an ITA.
s g en b wa o e em t on rom on o the statutor n ome or fi e ears

and the remaining 30% is taxed at the prevailing CIT rate. An ITA is granted on 60%
ua ng a ta e en ture n urre or a er o o fi e ears to be ut se aga nst
o the statutor n ome wh e the ba an e s ta e at the re a ng rate
om an that nten s to un ertake re n estment be ore e rat on o ts or

status may opt for reinvestment allowance, provided it surrenders its PS or ITA status.
The PS and ITA incentives are enhanced for the following types of projects:
Pioneer status Investment tax allowance

Qualifying industry Incentive TRP (1) Incentive TRP (1)
Projects of national and strategic 100% of SI (2) 5+5 100% QCE 5 M
im ortance involving heav ca ital (3) against
investment and high technolog . 100% SI
igh technolog com anies engaged in 100% of SI 5 60% QCE 5
areas of new and emerging technologies. against
100% SI
Companies manufacturing specialised 100% of SI 10 100% QCE 5
machiner and e i ment. against
100% SI
Existing locally owned companies 0 of 5 60% new 5
reinvesting in rod ction of heav increased SI QCE against
machinery, specialised machinery, and 0
e i ment.
Com anies roviding technical and - - 100% QCE 10
vocational training, and rivate higher against 0
ed cation instit tion roviding alif ing SI
science courses.
ew com anies investing and e isting 100% of SI 10 100% QCE 5
com anies reinvesting in tilising oil alm against
biomass to rod ce val e added rod cts. 100% SI
mall scale com anies defined that meet 100% of SI 5 60% QCE 5
with s ecified conditions. against
100% SI
otel o erators ndertaking new 100% of SI 5 100% QCE 5
investments in and star hotels in against
Sabah/Sarawak (for applications until 31 100% SI
ecember 2016 .
otel o erators ndertaking new 0 of 5 60% QCE 5
investments in and star hotels in against 0
Peninsular Malaysia (for applications until SI
1 ecember 2016 .

Malaysia
Pioneer status Investment tax allowance

Qualifying industry Incentive TRP (1) Incentive TRP (1)
Providers of ind strial design services for 0 of 5 - -
a lications ntil 1 ecember 2016 .
Notes
1. Tax relief period (in terms of years).

2. Statutory income.
3. Qualifying capital expenditure.
Spe ial in enti e s emes
Reinvestment allowance
A resident company in operation for not less than 36 months that incurs capital
expenditure to expand, modernise, automate, or diversify its existing manufacturing
business or approved agricultural project is entitled to reinvestment allowance as
follows:
• he a owan e s g en or ears rom the first ear o a m

• An allowance of 60% of QCE incurred to be utilised against 70% of statutory income.
The remaining 30% is taxed as the prevailing CIT rate.
• The 70% restriction does not apply to projects that achieved the level of productivity
as prescribed by the Minister of Finance.
• The allowance will be withdrawn if the asset for which the allowance is granted is
s ose o w th n fi e ears
A special reinvestment allowance is provided by extending the existing incentive period

for up to three years, from year of assessment 2016 to 2018.
Approved service projects

res ent om an un ertak ng a ro e t a ro e b the n ster o nan e n
the transportation, communications, utilities, and services subsectors may enjoy the
following incentives:
• n estment a owan e o o n urre w th n fi e ears to be ut se aga nst

70% statutory income.
• ternat e n ome ta e em t on o o statutor n ome or a er o o fi e
years.
• Buildings used solely for the purposes of such projects qualify for an industrial
building allowance.
Export incentives
A resident company engaged in manufacturing or agriculture that exports manufactured
products, agricultural produce, or services is entitled to allowances between 10%
and 100% of increased exports (subject to satisfying prescribed conditions), which is
deductible at up to 70% of statutory income.
Incentive for industrial area management

Newly established or existing companies, incorporated under the Companies Act 1956
and approved by a local authority for management of industrial estates, are given 100%
n ome ta e em t on o statutor n ome or fi e ears ommen ng rom the ate the
om an ommen es ts s e fie a t t es or a at ons rom anuar to
December 2017).
he om an must un ertake s e fie management u gra ng an ma ntenan e

activities that comprise at least 70% of their annual income.

Malaysia
egional operations
Principal hub
A principal hub is a locally incorporated company that uses Malaysia as a base for
conducting its regional and global businesses and operations through management,
ontro an su ort o ke un t ons su h as management o r sk strateg e s ons
finan e an human resour es e em t on at t ere rates or s g en
for a period of up to ten years, subject to conditions being met (for applications from 1
May 2015 to 30 April 2018).
ther a a ab e non fis a n ent es a a ab e n u e
• No equity/ownership conditions.
• ore gn e hange a m n strat on e b t es an e atr ate os t ons
• ustoms ut e em t on or raw mater a s om onents or fin she ro u ts brought
nto ree ones ense an bon e warehouses or ro u t on or re a kag ng
argo onso at on an ntegrat on be ore str but on to ts fina ustomers or
goods-based companies.
International trading company

nternat ona tra ng om an es are e em t or fi e ears on n ome e u a ent to
of increased export value, up to a maximum of 70% of statutory income. To qualify for
the incentive, the company must meet the following three conditions:
• Be incorporated in Malaysia, with 60% Malaysian ownership.

• Achieve minimum annual sales of MYR 10 million, not more than 20% of which may
be derived from the trading of commodities.
• se o a ser es bank ng finan e an nsuran e an n rastru ture o a orts
and airports) in its operations. M
inan ial ser i es se tor
Islamic banking and takaful business

Effective from year of assessment 2007 until year of assessment 2016, full income tax
exemption for ten years is granted to:
• s am banks ense un er the s am nan a er es t on n ome rom

s am bank ng bus ness on u te n nternat ona urren es
• Takaful (Islamic insurance) companies licensed under the Islamic Financial Services
Act 2013, on income from takaful business conducted in international currencies.
Islamic fund management

Full income tax exemption is available on statutory income on management fees
received by resident fund management companies for managing funds of foreign and
local investors established under Syariah principles (until year of assessment 2016).
Such funds must be approved by the Securities Commission.
Special purpose vehicle (SP ) for Islamic nancing

An SPV established solely for the purpose of issuance of Islamic securities under the
Syariah principles (approved by the Securities Commission or established under the
Labuan Companies Act 1990) is not subject to income tax and is not required to comply
with administrative procedures under the income tax law. The company that establishes
the approved SPV is deemed to be the recipient of the SPV’s income and will be taxed
accordingly, but that company will be allowed a deduction for the cost of issuance of
Islamic securities.

Malaysia
Treasury management centre (TMC)

A locally incorporated company providing centralised treasury management services to
its group of related companies (within or outside the country) in Malaysia may enjoy the
following incentives (for applications until 31 December 2016):
• Income tax exemption of 70% of statutory income from qualifying treasury services
ren ere to re ate om an es or fi e ears
• e em t on on nterest a ments on o erseas borrow ngs rom o erseas use or
qualifying activities.
• Stamp duty exemption on loan and service agreements for qualifying activities.
• atr ates work ng n the are ta e on on the ort on o the r hargeab e
income attributable to the number of days they are in Malaysia.
Tun Razak Exchange (TRX) (formerly known as Kuala Lumpur International

Financial District)
he s a o nt ro ert e e o ment om r s ng o fi e towers or finan e an
bank ng res en es an reta s a es n ua a um ur o a e erate the e e o ment
of the TRX, the following incentives have been given:
• tam ut e em t on on oan an ser e agreements or ar uee status

companies.
• n ustr a bu ng a owan e an a e erate a ta a owan e or ar uee
status companies.
• n ome ta e em t on o o statutor n ome or fi e ears or ro ert
developers in TRX.
• Additional 50% tax deduction of rental payment incurred by TRX Marquee status
companies for buildings used for business in TRX.
• Deduction of relocation cost incurred by TRX Marquee status companies to relocate
to TRX.
It is also proposed that a full ten-year income tax exemption be given for TRX Marquee
status companies.
Business Trust (BT)

s estab she un er the a ta arket an er es t an s a h br
stru ture that omb nes e ements o a om an w th e ements o a un t trust he s
g en n ome ta treatment s m ar to that o a om an he o ow ng n ent es are
given on a one-off basis at the initial stage of establishment of the BT:
• Stamp duty exemption on instruments of transfer of businesses, assets, or real

ro ert es a u re or nstruments e e ute rom anuar but not ater than
31 December 2017.
• he s oser o rea ro ert es or shares n s to s g en e em t on or
disposal of real properties or shares in RPCs from 1 January 2013 but not later than
31 December 2017.
Real estate investment trusts (REIT)/Property trust fund (PTF)

REIT/PTFs are vehicles that mobilise funds from unit holders comprising individuals
and companies for investments in the property sector and related assets. REIT/PTFs
are exempted from tax on all income, provided that at least 90% of their total income
is distributed to unit holders. If the 90% distribution condition is not complied with,
all income will be taxed at the prevailing income tax rate at the REIT/PTF level and tax
credit will be claimed by the unit holders on distributions received from the REIT/PTF.
n t ho ers are ta e as o ows

Malaysia
Unit holders WHT rate

ndivid als whether resident or non resident , bod of ersons, 10 ntil 1 ecember 201
or other unincorporated persons
Non-resident company 24%
Resident company None (income to be included in
annual tax return)
nstit tional investor ension f nd, collective investment scheme, 10 ntil 1 ecember 201
or other erson a roved b the inister of inance
Other incentives available are:
• RPGT and stamp duty exemptions on disposal/transfer of real property to an REIT/

PTF.
• Tax deduction given for consultancy, legal, and valuation service fees incurred on the
establishment of an REIT.
Foreign fund management company

A foreign fund management company providing fund management services to foreign
clients is taxed at a concessionary rate of 10% in respect of income derived from the
management of foreign funds, while income arising from services rendered to clients in
Malaysia is taxed at the prevailing CIT rate.
A foreign fund management company is a Malaysian incorporated company licensed

un er the a ta arkets an er es t ts a t t es are regu ate b the
e ur t es omm ss on
Venture capital company (VCC)

A VCC investing in a venture company (VC), which is not the VCC’s related company at M
the o nt o first n estment w be g en a e u t on on the a ue o n estment ma e
in a VC. Where the deduction is not claimed, the VCC is eligible for the following income
tax exemption on income from all sources, other than interest income from savings or
fi e e os ts an rofits rom ar ah base e os ts
Conditions Exemption period

• At least 0 of invested f nds is invested in C, or 10 years
• At least 0 of invested f nds is invested in C in the form of seed
capital.
etroleum se tor
The following incentives are provided for petroleum operations:
• Accelerated capital allowance on qualifying capital expenditure incurred from year of

assessment to or etro eum o erat ons n marg na fie s
• Investment allowance of 60% of qualifying capital expenditure to be utilised against
70% statutory income for a period of ten years.
• em t on or a ort on o hargeab e n ome rom marg na fie s resu t ng n a
reduction of the effective tax rate from 38% to 25% for petroleum operations in
marg na fie s
Spe ial e onomi regions

The following special economic regions were launched as part of the Malaysian
government’s plan for regional growth and development:
Economic region Location

skandar ala sia formerl known as skandar evelo ment Southern Johor
egion www.iskandarmalaysia.com.my

Malaysia
Economic region Location

Northern Corridor Economic Region www.koridorutara.com.my States of Perlis, Kedah, Penang,
and northern Perak
East Coast Economic Region www.ecerdc.com.my States of Kelantan, Terengganu,
Pahang, and district of Mersing
in Johor
abah evelo ment Corridor www.sedia.com.my Western, central, and eastern
regions of Sabah
Sarawak Corridor of Renewable Energy Central Sarawak
www.sarawakscore.com.my
Special incentives, on top of the existing incentives given by the Malaysian government,
will be customised for the purpose of each economic region. At present, special
eg s at on has been ena te on n res e t o skan ar a a s a to grant the
following exemptions/incentives:
Entity Incentive
stat s com an 10 ears income ta e em tion on stat tor income from the rovision of
alif ing services to a erson sit ated within designated nodes in the
or o tside ala sia. erations commenced before 1 ecember 201 .
evelo er Income tax exemption on rental or disposal of buildings in designated
nodes (until year of assessment 2020).
evelo ment manager ncome ta e em tion on stat tor income from the rovision of
management, s ervisor , and marketing services to an a roved
develo er ntil ear of assessment 2020 .
on resident service ncome ta and e em tions on income from technical fees, interest,
rovider or ro alties received to 1 ecember 201 from a roved develo ers
and develo ment managers in designated nodes or stat s
companies.
ndivid als working A alified knowledge worker is ta ed at the rate of 1 on chargeable
in income from employment with a designated company engaged in a
alified activit e.g. green technolog , ed cational services, healthcare
services, creative ind stries, financial advisor and cons lting services,
logistics services, to rism in that s ecified region. m lo ment m st have
commenced between 2 ctober 200 and 1 ecember 201 .
Incentive for less-developed areas

o enhan e the s e a n ent e a kage a a ab e n the e onom orr ors to n u e
more less-developed areas, the following incentives are given to existing companies
expanding to less-developed areas or newly established companies (for applications
from 1 January 2015 to 31 December 2020):
• 100% income tax exemption for up to 15 years of assessment (5+5+5) commencing

rom the first ear o assessment statutor n ome s er e or
• income tax exemption of 100% of qualifying capital expenditure (ITA) that can be
offset against 100% statutory income for ten years.
he om an must un ertake manu a tur ng or ser es a t t es n ess e e o e

areas that create employment and rural development.
The other incentives available for less-developed areas are:
• Stamp duty exemption on transfer or lease of land or building.

• e em t on on ees or te hn a a e ass stan e or ser es or ro a t
relating to manufacturing and services activities, up to 31 December 2020.

Malaysia
• Import duty exemption on raw materials and components, machinery, and equipment
that are not produced locally and used directly in the manufacturing or services
activity.
n ormation and ommuni ation te nology T
MSC Malaysia
MSC Malaysia is Malaysia’s initiative for the global information technology (IT) industry
and is designed to be the research and development (R&D) centre for industries based
on IT. It is an ICT hub equipped with high-capacity global telecommunications and
og st s networks a a s a s a so su orte b se ure ber aws strateg
o es an a range o finan a an non finan a n ent es or n estors t s manage
by the Multimedia Development Corporation (MDeC), a ‘one-stop shop’ that acts as the
a ro ng author t or om an es a ng or a a s a status
a a s a status s awar e to both o a an ore gn om an es that e e o or use

multimedia technologies to produce or enhance their products and services as well as for
ro ess e e o ment a a s a om an es are e g b e or n ent es wh h n u e
the following:
• fi e e ten ab e b fi e ears o on statutor n ome or o or

fi e ears or a new om an or e st ng om an on ts a t ona n ome
• Eligibility for R&D grants (for majority Malaysian-owned MSC Malaysia company).
• Exemption from indirect taxes on multimedia equipment.
• nrestr te em o ment o o a an ore gn know e ge workers
• Freedom to source funds globally for investments.
• Protection of intellectual property and cyber laws.
• No censorship of the internet.
• Globally competitive telecommunication tariffs and services guarantees, world-class M
physical and IT infrastructure, and excellent R&D facilities.
reen in enti es
Green technology projects

om an es that un ertake an o the o ow ng green te hno og ro e ts w be e g b e
for an ITA of 100% of QCE against 70% statutory income for QCE incurred from 25
October 2013 to year of assessment 2020 (applications to be received by 31 December
2020):
• Renewable energy.
• nerg e fi en
• Green building.
• Green data centre.
• Waste management.
Green technology services

Companies that provides services, such as advisory, design, feasibility study, testing, and
commission, in the following areas will be eligible for income tax exemption of 100% of
statutory income from year of assessment 2013 to 2020 (applications to be received by
31 December 2020):
• Renewable energy.
• nerg e fi en
• Electric vehicle.
• Green building.
• Green data centre.
• reen ert fi at on an er fi at on
• Green township.

Malaysia
Green technology assets

om an es that ur hase green te hno og assets ste on the au re tor w be
eligible for an ITA of 100% of QCE incurred from 25 October 2013 to year of assessment
2020 (applications to be received by 31 December 2020).
Waste eco parks (WEPs)

The following industry players in WEPs will be eligible for incentives for applications
received from 1 January 2016 until 31 December 2020. The WEP incentive is to promote
waste management in an integrated manner.
Entity Incentive Incentive period

evelo er 0 income ta e em tion of stat tor income derived Year of assessment
from rentals of buildings, fees from usage of waste 2016 to 2025
collection and separation facilities, and fees from waste
water treatment facilities located in the WEP.
Manager 0 income ta e em tion of stat tor income derived Year of assessment
from services related to management, maintenance, 2016 to 2025
s ervision, and marketing of the P.
Operator • 100 income ta e em tion for five ears on stat tor ive ears
income derived from alif ing activities ndertaken in
the WEP, or
• A of 100 of C inc rred within five ears, against
0 of stat tor income.
Biote nology industry

om an es un ertak ng b ote hno og a t t w th a ro e b one us status rom
Malaysian Biotechnology Corporation Sdn Bhd will be eligible for the following
incentives:
• u n ome ta e em t on on statutor n ome or ten ears rom the first ear n

wh h the om an er es statutor n ome or o on n urre or a
er o o fi e ears
• Concessionary tax rate of 20% on statutory income from qualifying activities for ten
years upon expiry of the tax exempt period.
• Accelerated industrial building allowance (over ten years) for buildings used solely
for the purpose of its new business or expansion project.
• Exemption of import duty and sales tax on import of raw materials and machinery.
esear and de elopment
Contract R&D company

Companies that provide R&D services to third parties are eligible for:
• u e em t on o the r statutor n ome or a er o o fi e ears e ten ab e b fi e

years), or
• ITA of 100% of QCE incurred within a period of ten (extendable by ten years) to be
utilised against 70% of statutory income.
R&D company
he n ent e s a so a a ab e to om an es un ertak ng ser es or the r
group and third parties.
In-house R&D
om an es un ertak ng n house ro e ts are e g b e or at the rate o o
QCE incurred within a period of ten years (extendable by ten years) to be utilised against
70% of statutory income.

Malaysia
Commercialisation of resource-based D ndings

om an that n ests or the so e ur ose o finan ng a ro e t on ommer a sat on
of resource-based and non-resource based (for applications until 31 December
fin ngs wh h s who owne b a ub resear h nst tute or ub
institute of higher learning in Malaysia) is given a deduction equivalent to the value of
that investment.
he subs ar un ertak ng the ommer a sat on o fin ngs s grante ta

exemption on statutory income for ten years.
t er in enti es
Shipping
A tax-resident person (including a partnership) carrying on shipping business using
Malaysian ships is given income tax exemption of 70% of statutory income, determined
on a per ship basis. The balance of 30% of statutory income is deemed to be total income
chargeable to tax.
Incentives for Mines Wellness City (MWC)

The Malaysian Investment Development Authority has issued guidelines on incentives
for MWC:
Incentive Application period

Operator • P of 0 of stat tor income for five ears for A lications received on or
income from alif ing activities in C. after 1 January 2013 to 31
• A of 60 on C inc rred within five ears, ecember 2026.
against 0 of stat tor income.
evelo ment PS of 100% exemption on statutory income from A lications received on or
manager management, cons ltanc , s ervisor , or marketing after 1 January 2013. M
services to C develo er in C from the first
ear of assessment stat tor income is derived ntil
year of assessment 2023.
evelo er 1. 100% exemption on statutory income from 1 and 2: Applications
dis osal of rights over land/b ilding from the first received on or after 1
ear of assessment stat tor income is derived January 2013.
until year of assessment 2023, or 3: Instruments executed
2. Income tax exemption on rental income from from 1 January 2013 to 31
the first ear of assessment stat tor income is ecember 202 .
derived ntil ear of assessment 2026, and
3. Stamp duty exemption of 50% on instrument of
transfer/lease of land/building.
Capital allowance for increased automation

Manufacturing companies that have been in operation for at least 36 months are eligible
for the following incentives, where they have incurred expenditure in automation
equipment used directly in the manufacturing activities and resulting in reduced man
hours and increased productivity:
• For high labour intensive industries (rubber products, plastics, wood, furniture and
te t es n ustr es automat on a ta a owan e on first m on
(years of assessment 2015 to 2017).
• ther n ustr es automat on a ta a owan e on first m on
(years of assessment 2015 to 2020).
oreign tax redit

i i i i ai s i a is ssi i a
credit regime.

Malaysia
Wit olding taxes

or orat ons mak ng a ments o the o ow ng t es o n ome are re u re to
withhold tax at the rates shown in the table below. s s i
subject to WHT.
WHT (%)
Special classes
Royalties (3a, of income/
Recipient Dividends (1) Interest (2) 3b) Rentals (4, 5)
Resident corporations 0 0 0
esident individ als 0 0/5 0
Non-resident corporations
and individ als
Non-treaty 0 0/15 10 10
Treaty:
Albania 0 0/10 10 10
Australia 0 0/15 0/10 0
Austria 0 0/15 10 10
Bahrain 0 0/5 8 (3c) 10
Bangladesh 0 0/15 0/10 10
Belgium 0 0/10/15 10 10
osnia and er egovina 0 0/10 8 10
Brunei 0 0/10 10 10
Canada 0 0/15 0/10 (3d) 10
Chile 0 15 10 5
China, Peo le s e blic of 0 0/10 10 10
Croatia 0 0/10 10 10
C ech e blic 0 0/12 10 10
enmark 0 0/15 0/10 10
Egypt 0 0/15 10 10
Fiji 0 0/15 10 10
Finland 0 0/15 0/10 10
France 0 0/15 0/10 10
Germany 0 0/10
ong ong 0 0/10 8 5
ngar 0 0/15 10 10
India 0 0/10 10 10
Indonesia 0 0/10 10 10
Iran 0 0/15 10 10
Ireland, Republic of 0 0/10 8 10
Italy 0 0/15 0/10 (3d) 10
Japan 0 0/10 0/10 10
Jordan 0 0/15 10 10
a akhstan 0 0/10 10 10
Korea, Republic of 0 0/15 0/10 10
Kuwait 0 0/10 10 10
rg stan 0 0/10 10 10
Laos 0 0/10 10 10
Lebanese Republic 0 0/10 8 10
Luxembourg 0 0/10 8 8
Malta 0 0/15 10 10

Malaysia
WHT (%)
Special classes
Royalties (3a, of income/
Recipient Dividends (1) Interest (2) 3b) Rentals (4, 5)
Mauritius 0 0/15 10 10
Mongolia 0 0/10 10 10
Morocco 0 0/10 10 10
Myanmar 0 0/10 10 10
Namibia 0 0/10 5 5
Netherlands 0 0/10 0/8 8
New Zealand 0 0/15 0/10 (3e) 10
Norway 0 0/15 0/10 (3f) 10
Pakistan 0 0/15 0/10 10
Papua New Guinea 0 0/15 10 10
Philippines 0 0/15 0/10 10
Poland 0 0/15 0/10 10
Poland (new) * 0 0/10 8 8
Qatar 0 0/5 8 8
Romania 0 0/15 0/10 10
Russian Federation 0 0/15 10 10
San Marino 0 0/10 10 10
Saudi Arabia 0 0/5 8 8
Senegal * 0 0/10 10 10
Seychelles Republic 0 0/10 10 10
Singapore 0 0/10 8 5
lovakia 0 0/10 10 5 M
South Africa 0 0/10 5 5
Spain 0 0/10 5
Sri Lanka 0 0/10 10 10
Sudan 0 0/10 10 10
Sweden 0 0/10 8 8
wit erland 0 0/10 0/10 10
Syria 0 0/10 10 10
Thailand 0 0/15 0/10 (3f) 10
Turkey 0 0/15 10 10
Turkmenistan 0 0/10 10 0
United Arab Emirates 0 0/5 10 10
United Kingdom 0 0/10 8 8
bekistan 0 0/10 10 10
ene ela 0 0/15 10 10
Vietnam 0 0/10 10 10
Zimbabwe 0 0/10 10 10
Notes
reaties ending ratification
estricted ta treaties dealing with ta ation of s ecific trans ort o erations in international traffic have
also been signed with Argentina and the United States.
1. ividends
• ala sia has no on dividends in addition to ta on the rofits o t of which the dividends are
declared. ome treaties rovide for a ma im m on dividends sho ld ala sia im ose s ch
a in the f t re.
2. Interest:
• nterest on loans given to or g aranteed b the ala sian government is e em t from ta .

Malaysia
• Interest paid to a non-resident by a commercial or merchant bank operating in Malaysia is also

exempt from tax.
3. Royalty:
a. A roved ro alt a ments nder certain treat rovisions are e em t from .
b. o alt income received b non resident franchisors nder franchised ed cation scheme
programmes by the Ministry of Education is exempted from tax.
c. Royalty does not include payments in respect of the operation of oil or gas wells, or the extraction
of mineral deposits or other natural resources.
d. o alt does not incl de amo nt aid in res ect of motion ict re films or of ta es for radio or
television broadcasting.
e. Royalty does not include natural resource royalties.
f. Royalty does not include royalty paid in respect of (literary or artistic copyrights - Norway only)
or of motion ict re films or of ta es for television or radio hailand onl broadcasting, or of
the o eration of a mine, oil well, arr , or an other lace of e traction of nat ral reso rces or of
timber or other forest produce.
4. Special classes of income:
• Contract a ments to non resident contractors in res ect of services nder a contract ro ect are
s b ect to a 1 ded ction of ta 10 on acco nt of the contractors ta liabilit and on
acco nt of their em lo ees ta liabilit . his ded ction of ta at so rce does not re resent a final
ta , which is determined on the filing of the ta ret rn.
• Pa ments made to non residents in res ect of the rovision of technical services erformed in
ala sia and rental of movable ro erties are s b ect to a 10 nless e em ted nder
stat tor rovisions for r ose of granting incentives .
5. Other income:
• is also a lied in res ect of income of a non resident from so rces other than the following
• Sources shown in the preceding table.
• A business source.
• An employment source.
• he rate of on s ch income is 10 . his is a licable on a ments made to residents of all
the treaty partners listed, except for certain countries (including Germany, Turkmenistan, Bosnia
and er egovina, enegal, and ordan where the res ective ta treaties have rovided for s ch
type of income to be taxed only in the contracting state in which the recipient is resident.
Tax administration
Taxable period
Assessment of income is on a current-year basis. A company is taxed on income from
a sour es whether bus ness or non bus ness ar s ng n ts finan a ear en ng n
the calendar year that coincides with that particular year of assessment. For example,
a company that closes its accounts on 30 June of each year is taxed on income earned
ur ng the finan a ear en ng on une or ear o assessment
Tax returns
Under the self-assessment system, companies are required to submit a return of income
within seven months from the date of closing of accounts. Particulars required to be
s e fie n the return n u e the amount o hargeab e n ome an ta a ab e b the
company. The tax return is deemed to be a notice of assessment and is deemed served on
the company upon the date the tax return is submitted.
fi ng or on ne fi ng o ta returns a the nternet s a a ab e fi ng s en ourage

by the Inland Revenue Board.
ayment o tax
Tax payable under an assessment upon submission of a tax return is due and payable by
the last day of the seventh month from the date of closing of accounts.
Companies are required to furnish estimates of their tax payable for a year of assessment
no ater than a s be ore the beg nn ng o the bas s er o norma the finan a
ear owe er a new estab she om an w th a u a ta o m on
or ess that meets w th erta n s e fie on t ons s e em te rom th s re u rement
for two years, beginning from the year of assessment in which the company commences
operation. A revised estimate can be submitted in the sixth and ninth months of the basis
period for a year of assessment.

Malaysia
Companies are then required to pay tax by monthly instalments (based on the estimates
submitted) commencing from the second month of the company’s basis period.
A company commencing operations in a year of assessment is not required to furnish

est mates o ta a ab e or to make nsta ment a ments the bas s er o or the ear
of assessment in which the company commences operations is less than six months.
Tax audit pro ess

o ow ng the ssuan e o the genera ta au t ramework ta au t rameworks or the
finan a an nsuran e n ustr an or s were ssue hese ta au t rameworks
out ne the r ghts an res ons b t es o au t o fi ers ta a ers an ta agents n
respect of a tax audit. A tax audit may cover a period of one to three years of assessment
determined in accordance with the audit focus. The years of assessment to be covered
n a ta au t ma howe er be e ten e e en ng on the ssues ent fie ur ng an
audit.
t ona assessments an be ma e w th n fi e ears a ter the e rat on o the re e ant
year of assessment. This time limit is not applicable where fraud, wilful default, or
negligence has been committed.

Some issues that the tax authorities have focused on recently include:
• Deductibility of certain expenses (e.g. entertainment, provisions, management

service fees, allocated expenses from foreign related counterparts).
• The correctness of tax incentive claims.
M
t er issues
ntergo ernmental agreements s
Malaysia and the United States (US) had, on 30 June 2014, reached an agreement
in substance on a Model 1 IGA to implement the Foreign Account Tax Compliance
Act (FATCA). Although not signed, Malaysia has, however, been included in the US
Treasury’s list of jurisdictions that are treated as having an IGA in effect with the United
States.
n er the re ort ng a a s a base finan a nst tut ons w ro e the

Malaysian Inland Revenue Board with the required information of accounts of US
persons. The information of which will then be exchanged between the Malaysian and
US tax authorities. The IGA will be signed on a date to be announced.

Mongolia
PwC contact
Tsendmaa Choijamts
PricewaterhouseCoopers Tax TMZ LLC
Great Chinggis Khaan’s Square
Central tower, 6th Floor, Suite 603
Ulaanbaatar, 14200, Mongolia
Tel: +976 7000 9089 ext. 1502
Email: tsendmaa.choijamts@mn.pwc.com

Tax mnesty aw adopted or t e se ond time
On 7 August 2015, the Mongolian Parliament adopted a new legislation offering
amnesty from tax obligations and administrative penalties for individuals and
companies that voluntarily disclose previously undeclared incomes, properties, and
others as we as get o fi a reg stere at the state reg strat on so a nsuran e an
tax authorities, within the deadline of 20 February 2016.
As a preliminary result of the law adoption, incomes and properties of 34.7 trillion
Mongolian tugrik (MNT) have been disclosed. Further, taxes of MNT 8.3 trillion and
fines an ena t es o tr on ha e been org en
ew alue dded Tax T aw entered in or e

A new VAT Law, approved by the Parliament on 9 July 2015, entered into force starting
from 1 January 2016.
Under the new law, a number of new tax principles were adopted, such as an electronic M
VAT system, 20% tax refund to individual VAT payers, and a nationwide promotion
lottery for VAT individual payers.
apital ity Tax aw introdu ed

On 19 June 2015, the Mongolian Parliament passed the Capital City Tax Law in order
to promote development of the capital city by increasing its budget revenue. The law
entered into force from 1 October 2015.
This indirect tax is imposed on all types of alcoholic drinks and tobacco, as well as
services of hotels, resorts/camps, restaurants, and night clubs.
The Ulaanbaatar City Council has set a current tax rate of 1%, which is the highest rate
permitted under the ceiling determined by the law.
nti ipated re orms in tax legislations and trans er pri ing rules
Under the second tax reform program, the Ministry of Finance and the tax authorities
have developed a number of draft legislations, such as draft laws on General Taxation,
Corporate Income Tax (CIT), and Personal Income Tax (PIT), and draft regulations on
transfer pricing rules.
We expect that the draft laws may be adopted in May or June 2016. Substantial policy
changes, such as advanced rules on transfer pricing, thin capitalisation, and anti-
avoidance, are included in the draft laws.
he new trans er r ng regu at ons efine o ere transa t ons more s e fi a

introduce tools for analysing transfer pricing, determine transfer pricing documentation
requirements, and establish other important rules.
www.pwc.com/taxsummaries Mongolia 226

Mongolia

Mongolian resident economic entities are taxable on aggregate annual income earned
worldwide. Non-resident economic entities carrying out business activities in Mongolia
are taxable on the income earned in the territory of Mongolia and from Mongolian
sources.
Mongolian CIT is levied at the following rates, using a progressive-rate scale that ranges
from 10% to 25%, as follows:
• a es to the first b on o annua ta ab e n ome

• 25% applies to any excess of MNT 3 billion of annual taxable income.
However, the income described in the chart below is excluded when determining the
annual taxable income and is taxed at different tax rates on a gross basis:
Applicable tax
Source of income rate (%)
Dividends 10
Royalties 10
Interest 10
Gambling, betting games, and lotteries (net) 40
Sale of immovable property 2
Sale of rights (e.g. mining licences, special activity licences, and other rights 30
granted b the a thorised organisations for cond cting s ecific activities
o al in ome taxes
CIT is levied at the state level in Mongolia. There are no local corporate income taxes.
orporate residen e
A resident legal entity is an economic entity formed under the laws of Mongolia or a
foreign economic entity that has its place of management in Mongolia. There has not
been further development of this concept, so it cannot be assumed that the standard
place of effective management or control test will apply.
A non-resident company is a foreign economic entity that conducts its business in

Mongolia and earns income from Mongolian sources.

Although there is a theoretical possibility to establish a branch of a foreign entity in
Mongolia, it is currently not practically possible due to uncertainties in the law related to
the ega status o su h ent t fi ng ro e ures et
It is also possible to register a PE in Mongolia with the tax authorities, although neither
the legal status nor respective taxation rules are clear. According to the draft law on CIT,
which is under Parliament discussion at this moment, PEs can be created in Mongolia
only by non-residents from those countries that have double tax treaties (DTTs) with
Mongolia.
t er taxes
alue added tax T
According to the new VAT Law, effective from 1 January 2016, a person (covering legal
entities, individuals, and PEs) whose sales income has reached MNT 50 million or
227 Mongolia PwC Worldwide Tax Summaries

Mongolia
more has to be registered as a VAT withholder. The threshold for voluntary registration
s m on o sa es n ome sa e o fi e assets s not ons ere or the
registration thresholds.
VAT at the rate of 10% is imposed on the supply of goods, services, and works imported,
exported, and sold in Mongolia.
ne o s e fi eatures o the ongo an eg s at on s that works an ser es

received from a non-resident (irrespective of whether they are supplied in Mongolia or
not) are subject to VAT under the reverse-charge procedure (the RC VAT).
ustoms duty
at ustoms tar o a es w th res e t to most goo s m orte nto ongo a
except for information technology, medical equipment, and pure-bred livestock, which
are zero rated.
Export duties apply to certain exported goods, such as unprocessed camel wool, wood,
and wooden materials.
Ex ise tax
Excise tax is levied on goods manufactured in or imported into Mongolia, such as
tobacco, alcohol, gasoline and diesel fuel, and passenger vehicles. Excise tax is also
levied on the physical units of special-purpose technical devices and equipment used
for betting games and gambling and on the activities of individuals and legal entities
that conduct such activities. The excise tax rate on the goods varies between MNT 290
and MNT 265,000, and for special-purpose technical devices and equipment it varies
between MNT 4.3 million and MNT 116 million per unit according to the origin and
type.
M
The excise tax rates for gasoline and diesel that are produced in Mongolia are as follows:
• Gasoline:
• MNT 0 to MNT 15,950 per tonne (up to 90 octane).
• MNT 0 to MNT 17,400 per tonne (above 90 octane).
• Diesel: MNT 0 to MNT 21,750 per tonne.
For imported gasoline and diesel, the excise tax rates vary between MNT 0 and MNT
850,000, depending on the port of import.
mmo able property tax

Immovable property tax is an annual tax that varies between 0.6% and 1%, depending
on the decisions made by the local representatives’ committee, on the value of the
immovable property that is owned. For tax purposes, the value used is the value
registered with the government registration authority. If the property is unregistered,
the insured value is used. In the absence of either a registered or insured value, the
accounting value is used.
h s ta oes not a to ro ert owne b ersons an finan e through the state

budget, to any dwelling houses, or to any buildings and construction for public use.
Trans er taxes
Transfer of rights is treated as sale of right in practice and taxed at 30% under CIT Law.
In the case of transfers of property, stamp duty will be applied.
Stamp duty
Under the Law of Mongolia on State Stamp Duties, there are 45 types of activities subject
to stamp duties, including the following:

Mongolia
•Settlement of a legal dispute by a court.

•Court involvement in arbitration.
•Notary services.
•Consulate services.
•State registration services for legal entities.
• eg strat on ser es or ore gn n este e onom ent t es an re resentat e o fi es
of foreign organisations.
• ther s e fi a t t es that nee erm ss ons an r ghts rom the state author t es
The amount of duty varies depending on the types of services or activities involved.
ees and taxes appli able to t e extra ti e industry

A range of fees and other taxes are payable for activities in the extractive industry. The
primary ones include the following:
• Mining License Fee that is agreed to up front and stated in the mining licence.
• Royalties that are paid on the sale of mining products. The rate depends on the
product being mined and the level of processing being performed in Mongolia.
• Water Pollution Fee.
• Air Pollution Fee.
• Land Use Fee.
• Natural Resources Usage Fee.
ayroll taxes
Social insurance contribution by employer

Employers’ social insurance contribution depends on the industry type and is subject to
rates between an wh h s om r se o or ens on or benefits
2% for health, 0.2% for unemployment, and 1% to 3% for industrial accident and
occupational disease insurance. Employer charges are not capped. Social insurance taxes
paid by employers are deductible in determining taxable income.
The employer should also withhold social insurance taxes (10%) from employees and
submit returns electronically and by paper before the 5th day of the following month
on a monthly basis. Payments should be made before the end of the month to the social
insurance fund account.
Bran in ome
he re atr at on o rofits rom bran hes o ore gn ega ent t es s sub e t to bran h
rofits ta at a rate o
Please note that it appears it is no longer possible for foreign legal entities to establish
a branch in Mongolia. However, the above provision remains in place for branches that
were previously established in Mongolia.
n ome determination
n entory aluation
here s no s e fi ro s on n the ta aw or n entor a uat on
apital gains
Capital and ordinary transactions are treated in the same way for tax purposes (i.e.
included in annual taxable income). An exception is provided for income from sales of
immovable property, which is subject to tax of 2% on gross sales proceeds.

Mongolia
Taxation of capital gains of non-residents is not clear. The CIT Law could be interpreted
in a way that the net gain from disposal of shares in a Mongolian company should
be subject to CIT. However, since there is no mechanism in practice for non-resident
companies to declare income in Mongolia and show the basis for the taxable gain, only
withholding tax (WHT) (20% on the gross payment) charged at source of payment is
available. No mechanism for taxation of capital gains currently exists if the transaction
takes place between two non-residents that have no taxable presence in Mongolia.
i idend in ome
Dividend income earned by a Mongolian resident entity is subject to WHT of 10%.
Dividend income to be remitted out of the country to a foreign tax resident is subject to
WHT at 20% but may be reduced by an applicable DTT.
nterest in ome
Interest income is subject to a special income tax of 10%. Interest income to be remitted
out of the country to a foreign tax resident is subject to WHT at 20% but may be reduced
by an applicable DTT.
artners ip in ome
There is no transparent partnership concept in Mongolia. Partnership income is treated
as income of a legal entity and is subject to CIT.
ental in ome
Rental income is included in taxable income for tax determination.
oyalty in ome
Royalty income is taxed at a special rate of 10%. Royalty income to be remitted out of
the country to a foreign tax resident is subject to WHT at 20% but may be reduced by an
applicable DTT. M
nrealised urren y ex ange gains losses

Unrealised currency exchange gains are not considered as taxable income, and, at the
same time, unrealised losses are not deductible from taxable income.
oreign in ome
Mongolian legal entities pay tax on their worldwide income. Unremitted earnings are
taxed the same as ordinary earnings.
Credit relief is available with respect to foreign tax on income arising from countries that
have DTTs with Mongolia, capped at the level of Mongolian tax that would have been
due on the same income in Mongolia.
edu tions
Expenses mostly associated with generating aggregate annual income are deductible for
CIT purposes (provided proper documentation is in place), and a list of these expenses is
provided in the legislation. Expenses not on this list are not deductible.
rued expenses
Accrued expenses are deductible.
Contingent liabilities are not deductible.

Mongolia

e re at on o fi e assets an amort sat on o ntang b es are e u t b e w th n the
limits provided in tax legislation. A straight-line method is used and the years of usage
are determined for tax purposes.
Useful life
Non-current asset class (in years)
1 Building and construction 40
2 Machinery and equipment 10
3 Computer, computer parts, and software 3
4 ntangible asset with ndefined sef l life 10
5 ntangible asset with defined sef l life incl des licence for mineral e loration Period in
and extraction) force
6 Other non-current asset 10
7 Building and facilities of manufacture, management of technology park, unit 20
production, and buildings within technology park
8 Machineries, mechanism, equipment, technical parts of manufacturing within the 3
management technology park, unit production, and technology park
oodwill
here s no s e fi ro s on n the ta aw regar ng the e u t b t o goo w

Organisational and start-up expenses are not deductible.
nterest expenses
Interest expenses are deductible. However, there are limits with respect to the
deductibility of interest expense. i a i a isa i i a ai s i
i ai
Bad debt
Bad debt provisions are not deductible. There is no clear guidance in the tax legislation
as to whether bad debt is deductible or not; however, in practice, the tax authorities
disallow deductibility of bad debt.
Charitable contributions are not deductible, except for donations to the fund of
vocational training.
ension expenses
Compulsory pension insurance premiums paid to the Social Security Authority of
Mongolia are deductible. Additional voluntary insurance premiums are deductible but
shall not exceed 15% of taxable income. Pension provisions or internal pension fund
expenses are not deductible.
ayment or dire tors

If a payment for directors is a salary payment on which social insurance and PIT is
levied, it is considered as deductible.
Bribes, ki kba ks, and illegal payments

Bribes, kickbacks, and illegal payments are not in the list of permitted deductions. Per
anti-corruption law, monetary amounts involved with respect to such payments will be
onfis ate an r m na ro ee ngs w be nst tute
ines and penalties

Fines and penalties are not deductible for tax purposes.

Mongolia
Taxes
Certain taxes paid by a taxpayer, as well as social contributions of employers, are
generally deductible for tax purposes.
Tax losses
Tax losses generally may be carried forward for up to two years. However, the annual
amount of carried forward losses deductible from taxable income may not exceed 50%
of the taxable income in the tax year.
Legal entities involved in the infrastructure and mining industries may carry forward
100% of their losses for up to four to eight years, depending on their investment period
and based on government regulations.
There is no provision for the carryback of losses.

e u tb t o a ments to ore gn a fi ates e en s on the nature o the a ment as
follows:
• Interest payments are deductible but with restrictions (i.e. thin capitalisation rule
may apply, interest paid on loans for construction of buildings and installation of
equipment needs to be capitalised during that period).
• Dividend payments are not deductible.
• Technical assistance service payments are deductible.
• Payments for other services are deductible.
roup taxation M
There are no rules permitting grouping for tax purposes in Mongolia.
Trans er pri ing

Transfer pricing provisions are addressed in the CIT Law and the General Tax Law of
Mongolia.
Per the CIT Law of Mongolia, if the following relation is present with a taxpayer, then it
is considered as ‘a related party’:
• Holds 20% or more of the common stock.

• Has the right to receive 20% or more of the dividends or distributions.
• Has the right to appoint 20% or more of the management of the economic entity or is
otherwise able to determine its policies.
If related parties have sold or transferred goods, performed work, or rendered services
among themselves below or above fair market value, the tax authority shall determine
gross taxable income of such goods, work, and services based on value involving
transactions of similar goods, work, and services among non-related parties.
he enera a aw ro es or a broa er efin t on o re ate ent t es or trans er

pricing purposes, which is “entities authorised to directly and indirectly participate in
management, control, and property rights of any foreign and Mongolian legal entities”.
Per Article 48.3 of the General Tax Law, “if prices, payments, and fees (hereinafter the
‘price’) used in cooperative production, in the provision of technical services, in sending
human resources, in purchase and sales transactions between related entities abroad
and Mongolia are higher or lower than fair market value, then the fair market value
method shall be used in order to determine taxable income”.

Mongolia
T in apitalisation
A thin capitalisation rule applies to direct shareholders, and interest paid in excess of
the 3:1 debt-to-equity ratio is not deductible and is treated as a dividend. This is applied
on an investor-by-investor basis as opposed to the company as a whole; no restriction
applies to interest that is not paid to an investor.

There are no special CFC rules in Mongolia.

At present, the following types of incentives exist in Mongolia:
• Tax stabilisation of certain taxes per investment made (see below).

• Interest on government notes payable (bonds) is exempt from CIT.
• Income earned from the production and/or sale of produced equipment and spare
parts intended for the activities of small or medium-sized production businesses in
the territory of Mongolia is exempt from CIT.
• Income earned from the sale of a technique or equipment that economises natural
resources, reduces environmental contamination, and is nature-oriented is exempt
from CIT.
• Tax losses incurred by a business entity involved in the infrastructure and mining
sector in a given tax year shall be deducted from taxable income for four to eight
consecutive years after such tax year. The period will depend on the size of the
n estment as efine rom t me to t me b the res ons b e go ernment agen
• In the event that a business entity or a citizen has been found to have made a
donation of up to MNT 1 million to support non-governmental organisations founded
by citizens having developmental disabilities, such amount shall be deducted from
taxable income of such business entity or citizen for the given tax year.
• A 50% tax reduction is available from CIT for an economic entity that produces or
grows the following products:
• Cereal, potatoes, and vegetables.
• Milk.
• Fruits and berries.
• Fodder plants.
• Free Trade Zones (FTZs) have a special regime in terms of tax and customs (see
below).
oreign in estment in enti es
Tax stabilisation
The Law on Investment provides tax incentives, including exemptions from tax,
tax credits, possibility to use accelerated depreciation for tax purposes, tax loss
carryforward, and deduction of employee training costs from taxable income.
he aw a so ro es a stab sat on ert fi ate n or er to reate a more stab e ta

en ronment n ongo a obta n ng a stab sat on ert fi ate n estors an stab se
applicable rates of the following taxes:
• CIT.
• Customs duties.
• VAT.
• Minerals royalties.
he ho er o a stab sat on ert fi ate an stab se ta rates or a er o rom fi e to

18 years, depending on amount of investment, industry of investment, and geographic
location of investment in Mongolia (s a i isa i i a s ). Under the

Mongolia
a er o o a stab sat on ert fi ate n estors a so ha e the r ght to a e e t e

ta rates ro e n genera eg s at on su h rates are more benefi a or n estors
he r ter a o ssu ng a stab sat on ert fi ate are
• the tota n estment amount s e fie n the bus ness an an eas b t stu
rea hes thresho s s e fie n the stab sat on ert fi ate terms see be ow
• an environmental impact assessment should be carried out
• the investment should create new permanent jobs, and
• the investment should introduce innovative technology.
An investor who made an investment in tobacco and alcohol related activities cannot
benefit rom ta stab sat on
erta n on t ons are met the stab sat on ert fi ate er o ma be e ten e b
times for some projects.
The conditions are that the projects:
• ro u e ro u ts that subst tute or m orte ro u ts or e ort or ente ro u ts

that are m ortant or the ong term so a an e onom e e o ment o ongo a
that will require investment of more than MNT 500 billion, and have a development
er o o more than three ears or
• produce value-added, processed products for export.
In addition to above, the law provides for incentives with respect to customs duty
e em t on an ero rate on m orte e u ment an ma h ner ur ng the
onstru t on er o o s e fi ro e ts as be ow
M
• Construction of a factory for processing construction materials, petroleum,
agricultural products, and products intended for export.
• Nano, bio, and innovation technology plant construction.
• Construction of power plants and railroads.
a i isa i i a s
or the m n ng hea n ustr an n rastru ture se tors a stab sat on ert fi ate s
issued as follows:
Stabilisation certi cate terms (years)

Khangai Western
Central Region Region Region Period
(Gobisumber, (Arkhangai, (Bayan- within
Dornogobi, Bayankhongor, Eastern Ulgii, which
Investment Dundgobi, Bulgan, Region Gobi-Altai, investment
amount Darkhan-Uul, Orkhon, (Dornod, Zawkhan, must be
(MNT in Ulaanbaatar Umnugobi, Uwurkhangai, Sukhbaatar, Uws, made
billions) Region Selenge, Tuw) Khuwsgul) Khentii) Khowd) (years)
30 to 100 5 6 6 7 8 2
100 to 300 8 9 9 10 11 3
300 to 500 10 11 11 12 13 4
more than 15 16 16 17 18 5
500
or an other se tor a stab sat on ert fi ate s ssue as o ows

Mongolia
Investment amount (MNT in billions)

Khangai Western
Central RegionRegion Region Period
(Gobisumber, (Arkhangai, (Bayan- within
Dornogobi, Bayankhongor, Eastern Ulgii, which
Dundgobi, Bulgan, Region Gobi-Altai, Stabilisation investment
Darkhan-Uul, Orkhon, (Dornod, Zawkhan, certi cate must be
Ulaanbaatar Umnugobi, Uwurkhangai, Sukhbaatar, Uws, terms made
Region Selenge, Tuw) Khuwsgul) Khentii) Khowd) (years) (years)
10 to 30 5 to 15 4 to 12 3 to 10 2 to 8 5 2
30 to 100 15 to 50 12 to 40 10 to 30 8 to 25 8 3
100 to 200 50 to 100 40 to 80 30 to 60 25 to 50 10 4
more than more than more than more than more than 15 5
200 100 80 60 50
ree Trade ones T s
Establishing FTZs
According to the FTZ Law, FTZs can be established not only at the border ports but
also in qualifying regions proposed by the government. The Parliament will decide the
proposed plan.
FTZs are under state protection. A joint free border trade zone covering multiple
countries’ borders can be established and will be regulated through international
agreements between the governments.
Tax and customs regime
CIT
Businesses that have invested 500,000 United States dollars (USD) or more in the FTZs
operating to improve infrastructures, such as energy and heating sources, pipeline
networks, clean water supplies, wastewater sewage, auto roads, railways, airports, and
basic communication lines, shall receive a CIT discount equal to 50% of their invested
capital in the FTZ.
For businesses with more than USD 300,000 invested in building warehouses, loading
and unloading facilities, hotels, tourist camps, or manufacturers of export and import-
substituted goods in the FTZ shall receive a CIT discount equal to 50% of their invested
capital in the FTZ.
oss mak ng ent t es n the s an arr orwar the r osses re e te on the r

return u to fi e ears rom the t me o be om ng u o erat ona to re u e the r uture
tax payable.
Entities using innovated and enhanced technology in their businesses shall be fully
e em te rom or the first fi e ears rom the t me o start ng o erat on n the s
VAT
Goods imported to the FTZs are not subject to VAT. If goods are to be transferred from
the customs territory to the FTZs, there will also be no VAT on those goods, and any
previously paid VAT will be reimbursed accordingly based on related documents.
There will be a 0% rate on VAT for domestic goods to be transferred from the customs
territory to the FTZs.
In addition to purchases per Article 38.1.4 of the Law on Custom Tax and Tariff (which
refer to goods for passengers’ personal use), purchases in the FTZ of up to MNT 3 million
made by passengers are exempt from VAT when entered into the customs territory.
Mongolia
There will be no VAT imposed on goods and services manufactured and sold by
registered individuals and businesses in the FTZs.
s sa is
Goods imported to the FTZs are not subject to customs and excise taxes. If goods are
to be transferred from the customs territory to the FTZs, there will be no customs and
excise taxes on those goods, and any of these taxes previously paid will be reimbursed
accordingly based on related documents.
In addition to purchases per Article 38.1.4 of the Law on Custom Tax and Tariff (which
refer to goods for passengers’ personal use), purchases in the FTZ of up to MNT 3
million made by passengers are exempt from customs tax when entered into the customs
territory.
Any goods, except purchases made by passengers as mentioned above, are subject to
customs and related taxes as required in the regulation when transferred from the FTZs
to the customs territory.
Goods exported from the FTZs are not subject to taxation.
a a sa a si
Individuals and businesses may request a land possession and usage right in the FTZs
through either project bid or auction.
Entities operating in trade, tourism, and hotel sectors in the FTZs are fully
e em te rom an ossess on an usage r ght a ment or the first fi e ears rom
commencement of operation. This payment is further reduced up to 50% for the
following three years.
M
Businesses operating to improve infrastructures in the FTZs, such as energy and heating
sources, pipeline networks, clean water supplies, wastewater sewage, auto roads,
railways, airports, and basic communication lines, will be fully exempted from land
a ment or the first ten ears rom start o o erat on
Buildings and facilities built and registered in the FTZs are fully exempted from the
immovable property tax.
oreign tax redit

A foreign tax credit is available for foreign taxes paid up to the amount of the Mongolian
tax liability that would have been due on the same amount based on an applicable DTT.
Wit olding taxes

Dividends, interest, and royalties paid, and payments made for goods sold and work/
services provided (directly or electronically), to non-residents are subject to WHT at a
20% rate. Interest provided to non-residents on bonds issued by Mongolian commercial
banks and listed on the domestic or foreign stock exchange are subject to WHT at 10%.
Dividends, interest, and royalties paid to resident companies and individuals are all
subject to WHT at 10%.
urrent TTs
ene cial T rates (%)

Technical
Recipient Dividends Interest Royalties fees
Austria 5/10 (1) 10 5/10 (11) N/A

Mongolia
ene cial T rates (%)

Technical
Recipient Dividends Interest Royalties fees
Belarus, Republic of 10 10 10 N/A
Belgium 5/15 (2) 10 5 N/A
Bulgaria 10 10 10 N/A
Canada 5/15 (7) 10 5/10 (12) 5
China 5 10 10 N/A
Czech Republic 10 10 10 N/A
France 5/15 (7) 10 5 N/A
Germany 5/10 (1, 4) 10 10 N/A
Hungary 5/15 (9) 10 5 N/A
India 15 15 15 15
Indonesia 10 10 10 N/A
Kazakhstan 10 10 10 N/A
Korea, Democratic People’s Republic of 5 5 10 N/A
Korea, Republic of 5 5 10 N/A
Kyrgyzstan 10 10 10 N/A
Malaysia 10 10 10 10
Poland 10 10 5 N/A
Russia 10 10 In accordance N/A
with domestic
legislation
Singapore 0/5/10 (6, 9) 5/10 (10) 5 N/A
Switzerland 5/15 (5) 10 5 N/A
Turkey 10 10 10 N/A
Ukraine 10 10 10 N/A
United Kingdom 5/15 (3) 7/10 (8) 5 N/A
Vietnam 10 10 10 10
Notes
1. 5% if the recipient is a company (excluding partnerships) and directly owns at least 10% of the
capital of the company paying dividends.
2. if the beneficial owner is a com an e cl ding artnershi s and directl or indirectl holds at
least 10% of the capital of the company paying dividends.
3. if the beneficial owner is a com an that directl or indirectl controls at least 10 of the voting
power in the company paying dividends.
4. if the beneficial owner is a com an e cl ding artnershi s and directl owns at least 10 of
the company.
5. if the beneficial owner is a com an e cl ding artnershi s and directl owns at least 2 of
the capital of the company paying dividends.
6. No tax if dividends paid to the government/certain public bodies.
7. if the beneficial owner is a com an and directl or indirectl holds at least 10 of the ca ital of
the company paying dividends.
8. if interest is aid to a bank that is the beneficial owner of the interest and carr ing on a a
banking business.
9. if the beneficial owner is a com an and directl owns at least 2 of the ca ital of the com an
paying dividends.
10. if interest is received b a bank or a similar financial instit tion.
11. if the beneficial owner of the ro alties in the meaning of an atent, trademark, design or model,
lan, secret form la or rocess, or for information concerning ind strial, commercial, or scientific
experience; 10% in all other cases.
12. if the beneficial owner of the ro alties in the meaning of co right ro alties and other a ments
for production or reproduction of any literary, dramatic, and other work, royalties for the use of, or the
right to use, computer software or any patent, or for information concerning industrial, commercial, or
scientific e erience 10 in all other cases.

Mongolia
Tax administration
Taxable period
The tax year is the calendar year.
Tax returns
Companies must submit a quarterly return by the 20th day of the month following the
end of each quarter and an annual return by 10 February after the end of the tax year.
A withholder must prepare and submit a quarterly return of the tax deducted by the
th a o the first month o the o ow ng uarter an an annua return b ebruar
after the end of the tax year.
ayment o tax
A taxpayer shall pay the taxes due in advance by the 25th day of each month in
accordance with the payment schedule based on the previous year. Year-end settlement
is made by 10 February of the following year (along with the annual tax statement).
In practice, the Mongolian tax authorities allow concessions as follows:
Where total tax paid exceeds the tax liability, the excess may be credited against
other taxes due or credited against future tax payments. The overpayment also may,
theoretically, be refunded; however, the practice of refunding in Mongolia is not clear or
consistent.
An economic entity or organisation that has withheld tax from a payment of dividends,
royalties, sale of rights, or a payment of income to a taxpayer should transfer the WHT
to the tax authorities within seven working days. Tax withheld relating to the sale of
immovable property should be transferred to the tax authorities within ten working M
days.
Tax audit pro ess

The tax audit cycle is not clearly stated in the tax laws. However, the regular cycle in
ongo a s three to fi e ears n ra t e an t s er ommon the om an re uests
a refund from tax authorities or liquidates its company. Moreover, a tax audit can come
anytime if the tax authorities suspect some risk or misuse of the legislation or receive
information from a trustworthy source about tax evasion.
he statute o m tat ons n ongo a s fi e ears or ta arrears fines an ena t es
owe er the s ute sett ement t me rame sha not erta n to a ment o ta fine an
penalty debts.

The tax authorities normally focus their attention on issues like understatement of
income, overstatement of expenses, and withholding obligations of taxpayers.
Another hot topic in Mongolia right now is transfer pricing. The transfer pricing
concept is at a very early stage of development. Currently there is very limited (if any)
established practice or commonly understood methodology being applied by the tax
authorities. Nevertheless, the basic principle governing Mongolian transfer pricing rules
is that transactions between related parties should be undertaken at fair market value.
PE is also becoming one of the focus areas of the tax authorities. Although it is possible
or s to be reg stere as ta a ers the fi ng re u rements an the a ment o ta are
still in question.

Myanmar
PwC contact
Paul Cornelius
PricewaterhouseCoopers Myanmar Co., Ltd.
Room 6A, 6th Floor
Centrepoint Towers, No. 65
Corner of Sule Pagoda Road and Merchant Road
Kyauktada Township, Yangon, Myanmar
Tel: +65 236 3718
Email: paul.cornelius@sg.pwc.com

A new Union Taxation Law 2016, Amended Income Tax Regulations, and Amended
Commercial Tax Regulations were introduced and took effect from 1 April 2016.
A Special Goods Tax Law was introduced in April 2016 to replace the commercial tax
on a list of special goods that are imported and/or purchased from local producers/
manufacturers.

Foreign investors may register their companies under the Myanmar Companies Act (CA)
or in conjunction with the Union of Myanmar Foreign Investment Law (MFIL). The
differences between companies registered under the CA and the MFIL are in relation to
their eligibility for tax incentives and longer land use terms, as well as minimum foreign
share capital requirements. M
Generally, resident companies are taxed on a worldwide basis, and as such, income
from sources outside Myanmar is taxable. MFIL companies, although treated as resident
companies, are taxed only on income derived from sources within Myanmar.
Non-resident companies are taxed only on income derived from sources within
Myanmar. Income received from any capital assets within Myanmar and from any
source of income within Myanmar is deemed to be income received within Myanmar.
The income is generally subject to tax under the normal rules for residents, except that
different tax rates applied prior to 1 April 2015. Upon the introduction of Union Taxation
Law 2015, which became effective from 1 April 2015, the total income of non-resident
companies is also taxable at the tax rate of 25%, which is aligned with the corporate tax
rate applicable to resident companies.
A company registered under the MFIL is entitled to enjoy certain exemptions and relief
from taxes (s a i sa i i ss i ai s).
Type of taxpayer or income Tax rate (%)

Companies incorporated in Myanmar under the Myanmar CA 25
Enterprises operating under the MFIL 25
Non-resident foreign organisations, such as a branch of a foreign company 25
o al in ome taxes
There is no separate corporate income tax at the local level.
www.pwc.com/taxsummaries Myanmar 239

Myanmar
orporate residen e
res ent om an s a om an as efine an orme un er the anmar or
any other existing law of Myanmar.
non res ent om an s one that s not orme un er the anmar or an

other existing law of Myanmar. Generally, foreign branches are deemed to be non-
resident companies.

urrent there s no efin t on o a un er the anmar n ome a t n urrent
practice, the Myanmar tax authorities seek to collect taxes from a non-resident foreigner
on its income received from Myanmar by way of a withholding tax (WHT) mechanism,
regardless of whether the foreigner has a PE in Myanmar or not. The term ‘PE’ may
be efine n the ta treat es that anmar has w th other ountr es ub e t to the
relevant tax treaty, a foreigner who is tax resident of the treaty country may not be
subject to Myanmar taxes if it does not have a PE in Myanmar.
t er taxes
alue added tax T
There is no VAT in Myanmar.
ommer ial tax

Commercial tax, at rates ranging from 0% to 8%, is levied as a turnover tax on goods and
services. Generally, commercial tax is imposed at the rate of 5%. The commercial tax
that a business charges and collects is known as output tax, which has to be paid to the
Myanmar tax authorities. Commercial tax incurred on business purchases and expenses
are known as input tax. Businesses that are registered for commercial tax can claim
ommer a n ut ta erta n on t ons are sat sfie
ommer a ta s m ose on a w e range o s e fie goo s an ser es ro u e or

rendered within the country, based on the sales proceeds, and on imported goods (see
s s i s ai s).
ser es are sub e t to ommer a ta e e t or t es o ser es that are

s e fi a e em t rom ommer a ta e g home renta ser es e nsuran e
bank ng ser es m rofinan e ub trans ortat on
o ommer a ta s m ose the sa es or re e ts rom ser es or a finan a ear

are not more than 20 million Myanmar kyats (MMK).
Commercial tax is zero-rated on all exports, except for electricity and crude oil.
Companies registered under the MFIL that have obtained permits from the MIC may, at
the discretion of the MIC, be granted exemption from commercial tax on goods that are
manufactured for export (s a i sa i i ss i ai s).
Spe ial goods tax

With effect from 1 April 2016, the Special Goods Tax Law was introduced to replace
commercial tax on a list of 16 special goods that are imported and/or purchased from
local producers/manufacturers. The special goods include cigarettes, tobacco leaves,
Virginia leaves, cheroots, cigars, pipe tobaccos, beers, wine, alcoholic beverages, gem
stones, teak, vans, saloons, sedans and estate wagons and coupe cars above 1800 cc
(except double-cab 4 door pick-ups), petroleum, gasoline, diesel, and jet fuel, as well as
natural gas. The special goods tax rates range from 5% to 120%.
240 Myanmar PwC Worldwide Tax Summaries

Myanmar
Under the Special Goods Tax Law, only a manufacturer of special goods can claim and
o set the s e a goo s ta n urre on ur hase o raw mater a s sem fin she goo s
against the special goods tax charged on sale of special goods.
On top of special goods tax, commercial tax of 5% will also be imposed on the special
goods (on the selling price inclusive of special goods tax) at the point of importation
of special goods by the importer and the sale of special goods by the local producers/
manufacturers.
ustoms duties
Customs duty is levied under the Customs Tariff of Myanmar (2012) at rates of up to
40%.
Companies registered under the MFIL that have obtained permits from the Myanmar
Investment Commission (MIC) may, at the discretion of the MIC, be given relief from
customs duty on machinery, equipment, instruments, machinery components, spare
parts and materials used during the period of construction or expansion, and on raw
mater a s or the first three ears o ommer a ro u t on s a i sa
i i ss i ai s).
Ex ise duties
Excise duty is levied on alcoholic drinks and is collected by the General Administration
Department under the Ministry of Home Affairs.
roperty taxes
Immovable property (land and buildings) situated within the Yangon development
area is subject to property tax. However, as foreign ownership of land and immovable
property is currently expressly prohibited, property tax is not relevant for foreign
investors. M
Stamp duties
Stamp duty is levied on various types of instruments, and some rates are given below:
• 3% of the amount or value of the consideration for conveyances of properties, for the
sale or transfer of immovable property, plus an additional 2%.
• 0.3% of share value for the transfer of shares.
• 2% of the amount or value secured for bonds.
• 1.5% of the annual value of rent for lease agreements between one and three years,
and 3% of the average annual value of rent and premium where the term of the lease
agreement is more than three years.
apital gains taxes

Capital gains tax is levied on gains from the sale, exchange, or transfer of capital assets
(i.e. any land, building, vehicle, and any capital assets of an enterprise, which include
shares bon s an s m ar nstruments ntang b es ma a w th n the efin t on o
capital assets, and capital gains arising from such assets would also be taxable.
Capital gains from the sale, exchange, or transfer of capital assets in the oil and gas
sector are taxed at different rates from those in other sectors.
Type of taxpayer Tax rate (%)

Resident companies 10
Non-resident companies 10
Transfer of shares in an oil and gas company or interest in production sharing 40 to 50
contracts

Myanmar
a returns or a ta ga ns must be fi e w th n one month rom the ate o s osa o

the capital assets. Capital gains tax payments are required to be made within one month
from the date of disposal of the capital assets. The date of disposal refers to the date of
execution of the deed of disposal or the date of delivery of the capital assets, whichever
is earlier.
egistration taxes
There is a registration fee of MMK 1 million payable to the Directorate of Investment and
Company Administration for setting up a company or a branch in Myanmar.
ayroll taxes
An employer is responsible for deducting income tax due from salaries at the time of
payment to employees and must pay the amount within seven days from the date of
deduction. If the employer fails to deduct and pay the tax, the employer is deemed to
be a defaulter and held responsible for such payment. In addition, the employer is also
res ons b e or fi ng the statement o annua sa ar w th n three months a ter the en
o the n ome ear an a ure to fi e b the st u ate ea ne e une e er ear
may result in a penalty of 10% of the amount of tax to be deducted on annual salaries.

n em o er w th fi e or more em o ees s re u re to ro e o a e ur t heme
benefits to those workers su h as hea th an so a are nsuran e an nsuran e aga nst
employment-related injuries.
The rates of contribution by employees and employers are 2% and 3% of the total
salaries and wages, respectively. The contribution must be made in Myanmar kyats for
all currencies that the salaries are paid in within 15 days of the following month, using
the e hange rate res r be b the anmar ore gn ra e ank on the first
day of the relevant month.
he ma mum ontr but on s m te to b the em o er an b

the employee.
Contributions made by the employees are deductible for tax purposes in the hands of
the employees. The employer is obligated to withhold the employees’ contributions from
their salaries.
Bran in ome
Generally, foreign branches are deemed to be non-resident companies. Non-resident
companies are taxed only on income derived from sources within Myanmar. With
effect from 1 April 2015, non-resident companies pay tax at the same rate as resident
companies. This means a branch of a foreign company will pay tax at the 25% rate as
opposed to the 35% rate chargeable in the past. The income is generally subject to tax
under the normal rules for residents.
n ome determination
Income is categorised as income from a profession, business, property, capital gains,
other sources, and undisclosed sources, as well as income that has escaped tax
assessment. Income from capital gains is assessed separately.
Tax is levied on total income, after the deduction of allowable expenditure and
depreciation.

Myanmar
he n str o nan e w th the a ro a o the go ernment ma b not fi at on

prescribe, amend, and add assessable income and rates of income tax.
n entory aluation
There are no prescribed inventory valuation methods for tax purposes.
apital gains
Income from capital gains is assessed separately. a i a ai s a i a s
s i ai s
i idend in ome
anmar has a one t er or orate ta s stem un er wh h shares o rofits re e e b
a Myanmar taxpayer from an association of persons (i.e. partnerships, joint ventures,
companies, etc.) are exempted from income tax.
nterest in ome
Interest income and income from movable property are treated as business income.
artners ip in ome
artnersh s ta e as an ent t an not on the n ua rofit share o the artners
Partnership income is not taxed in the hands of the partners.
oreign in ome
Resident companies are taxed on a worldwide basis, and, as such, income from sources
outside Myanmar is taxable in Myanmar.
MFIL companies and non-resident companies are not taxed on their foreign income.
There is no deferral regime available to foreign income in Myanmar. M
edu tions
In respect of business income, deductions are allowed for expenditure incurred for the
purpose of earning income.
Non-deductible items include capital expenditure, personal expenditure, expenditure

that is not commensurate with the volume of business, payments made to any member
of an association of persons other than a company or a cooperative society, and
inappropriate expenditure.

Income from movable property is considered as business income, and depreciation
allowance for the cost of such movable property can be deducted. Income from
immovable property is generally computed in the same way as business income, except
that no depreciation allowance can be deducted.
Technically, a taxpayer entity is required to claim tax depreciation on the qualifying

assets used for its business purposes based on rates prescribed under the Myanmar
Income Tax Law, using a prescribed tax depreciation claim form. A taxpayer is entitled
to full year tax depreciation in the year the asset is acquired. On the other hand, no tax
depreciation is allowed in the year the asset is disposed of.
th e e t rom r the ta e re at on rates o fi e assets as res r be

under the Amended Income Tax Regulations, are as follows:
• Buildings: 1.25% to 10%.

• urn ture an fitt ngs nsta e n bu ngs to

Myanmar
• Machinery and plant: 5% to 10%.

• Various kinds of vehicles: 5% to 20%.
• ther fi e assets that are not res r be
oodwill
here s no s e fi ro s on un er the urrent anmar n ome a aw go ern ng the
tax deductibility of goodwill.
Start up expenses
tax deductibility of start-up expenses. Generally, any operating expenses incurred before
the commencement of business are not tax deductible. Myanmar tax authorities view
pre-commencement expenses as capital in nature and not deductible for tax purposes. In
current practice, capital expenditures incurred prior to the commencement of business
shou be a owe or ta e re at on where the re ate to ua ng fi e assets
nterest expenses
here s urrent no s e fi ro s on n the anmar n ome a aw n at ng the
tax treatment of interest expenses. In current practice, interest expenses and the related
finan ng osts are ke e u t b e on n the ear these e enses are n urre or
paid, provided that the interest expenses incurred are commensurate with the volume
o bus ness or benefits that the ta a er re e e nterest e enses n urre be ore the
commencement of business are not tax deductible or tax depreciable. Further, interest
expenses on the loan in current practice should be deductible for Myanmar corporate
income tax purposes when paid to the non-resident lender by a Myanmar corporate
taxpayer only after the relevant WHTs on interest have been paid to the Myanmar tax
authorities.
Bad debt
tax deductibility of bad debt.
Deductible charitable donations are limited to those made to the approved charitable
organisations/activities and are subject to an overall limitation of 25% of total income.
ines and penalties

Fines and penalties are generally not deductible as they are not incurred in the
production of business income.
Taxes
tax deductibility of taxes paid.
et operating losses
Ordinary losses
Losses from any source may be set off against income accruing from any other sources
in that year, except where the loss is from capital assets or a share of loss from an
association of persons. Losses that are not fully deducted in a year can be carried
orwar an set o aga nst rofits n the ne t three onse ut e ears
There is no provision for the carrying back of losses.
Capital losses
Capital losses and a share of loss from an association of persons cannot be set off against
income from other sources or carried forward.

Myanmar

A Myanmar corporation can claim a deduction for royalties, management service fees,
an nterest harges a to a fi ates ro e that these a ments are ommensurate
with the volume of business.
roup taxation
There is no group taxation regime in Myanmar.
Trans er pri ing regime

There are currently no transfer pricing rules in Myanmar.
T in apitalisation rules
enera there s urrent no s e fi sa e harbour w th res e t to a ebt to e u t
ratio in Myanmar. The Central Bank of Myanmar and the Myanmar tax authorities have
recently indicated that Myanmar may introduce a debt-to-equity ratio in the near future.
As of April 2016, there is no indicative timeline on when the ratio will be introduced.
ontrolled oreign ompany regime

There are currently no CFC rules in Myanmar.

nion o yanmar oreign n estment aw in enti es
Under the new MFIL, companies registered under the MFIL that have obtained permits
rom the are ent t e to the o ow ng s e a benefits an ta n ent es wh h are
granted at the MIC’s discretion: M
1. em t on rom n ome ta or u to fi e onse ut e ears or an enter r se he

exemption may be extended for a further reasonable period, depending on the
success of the enterprise.
2. em t on or re e rom n ome ta on rofits o a bus ness that are ma nta ne n a
reserve fund and subsequently re-invested in Myanmar.
3. The right to deduct depreciation of machinery, equipment, building, or other capital
assets used in the business at rates prescribed by the MIC.
4. e e rom n ome ta or u to o the rofits a rue rom the e ort o
manufactured goods.
5. The right to pay income tax on the income of foreigners at the rates applicable to
citizens residing within the country.
6. The right to deduct from taxable income research and development (R&D) costs that
are necessary for the country.
7. The right to carry forward tax losses for up to three consecutive years, provided the
losses are sustained within two years from the end of the tax exemption in (1) above.
8. Exemption or relief from customs duty and/or other internal taxes on imported
machinery, equipment, instruments, machinery components, spare parts, and
materials used in the business, which are required for use during the period of
construction.
Exemption or relief from customs duty or other internal taxes on imported raw
mater a s or the first three ears o ommer a ro u t on o ow ng the om et on
of construction.
10. If the investor increases the amount of investment and expands the business within
the approved timeframe, it may enjoy exemption and/or relief from customs duty or
other internal taxes on machinery, equipment, instruments, machinery components,
spare parts, and materials that are imported for the expansion of business.
11. Exemption from commercial tax on goods that are manufactured for export.

Myanmar
Except for item (1) above, the other exemptions and reliefs are subject to discretion of
the MIC.
Spe ial e onomi ones SE s

In addition to foreign investment under the MFIL, foreign investors may invest under the
Myanmar Special Economic Zone Law of 2014 (Myanmar SEZ Law).
The Myanmar SEZ Law is a basic law for any SEZ within Myanmar. The main regulatory
body handling foreign investment under the Myanmar SEZ Law is the Central Body for
the Myanmar SEZ.
The Myanmar SEZ Law contains provisions relating to the exempted zone, business
promoted zone, other zone, exempted zone business, other business, developers and
investors, exemptions and reliefs, restrictions, duties of developers or investors, land use,
banks an finan e management an nsuran e bus ness management an ns e t on
of commodities by the customs department, quarantine, labour and guarantee of non-
nat ona sat on s ute reso ut on bank an finan a management an nsuran e
business, etc.
Incentives under the Myanmar SEZ Law include:
For investors:
• n ome ta ho a s or the first se en ears start ng rom the ate o ommer a

operation in respect of those investment businesses operated in an exempted zone or
exempted zone businesses.
• n ome ta ho a s or the first fi e ears start ng rom the ate o ommer a
operation in respect of those investment businesses operated in a business promoted
zone or other business in a promoted zone.
• 50% income tax relief for the investment businesses operated in an exempted zone
an a bus ness romote one or the se on fi e ear er o
• or the th r fi e ear er o n ome ta re e on the rofits o the bus ness
if they are maintained for re-investment in a reserve fund and re-invested therein
within one year after the reserve is made.
• Exemption on customs duty and other taxes for raw materials, machinery and
equipment, and certain types of goods imported for investors in exempted zones;
whereas, for investors in prompted zones, exemption on customs duty and other
ta es or the first fi e ears n res e t o ma h ner an e u ment m orte that are
required for construction starting from the date of commercial operation, followed by
re e o ustoms ut an other ta es or a urther fi e ears
• arr orwar o oss or fi e ears rom the ear the oss s susta ne
For developers:
• n ome ta ho a s or the first e ght ears start ng rom the ate o ommer a
operation.
• n ome ta re e or the se on fi e ear er o
• or th r fi e ear er o n ome ta re e on the rofits o the bus ness the
are maintained for re-investment in a reserve fund and re-invested therein within one
year after the reserve is made.
• Exemption on customs duty and other taxes for raw materials, machinery and
equipment, and certain types of goods imported.
• arr orwar o oss or fi e ears rom the ear the oss s susta ne
Land use may be granted under an initial lease of up to 50 years and renewable for a
period of an additional 25 years. Developers/investors may rent, mortgage, or sell land
and buildings to another person for investment purposes within the term granted with
the approval of the management committee concerned.

Myanmar
Investors seeking to register an entity under the SEZ need to obtain an investment
permit from the relevant SEZ Management Committee.
oreign tax redit

There is no provision for unilateral relief. Relief may be available pursuant to a tax
treaty, but the application of the tax treaties is at the sole discretion of the Ministry of
Finance.
Wit olding taxes

Any person making the following payments is required to withhold income tax at the
time of payment at the rates listed below. The tax withheld must be paid to the Inland
Revenue Department (IRD) within seven days from the date of withholding.
a w thhe rom a ments to res ents w be set o aga nst the ta ue on the r fina
assessments a w thhe rom a ments to non res ent om an es s a fina ta
The application of the tax treaties is at the sole discretion of the Ministry of Finance. In
genera t s suggeste b the om an r e a fi e un er the that
enquiries be made with the CCTO before deducting WHT from payments made to non-
resident companies from treaty countries listed below.
For payments for procurement made within the country and for services rendered, or
under contracts or agreements or any other agreement made by a state organisation,
local authorities, co-operatives, partnership companies, or entities formed under any
existing laws, the WHT rates are 2% if the payment is made to a resident and 3.5% if it is
made to a non-resident.
M
Recipient Dividends (%) (1) Interest (%) Royalties (%)
Resident national or resident foreigner 0 0 15
Non-treaty 0 15 20
Treaty:
India 0 10 (2) 10
Korea, Republic of 0 10 (2) 10/15 (3)
Laos 0 10 10
Malaysia 0 10 (2) 10
Singapore 0 8/10 (2, 4) 10/15 (3)
Thailand 0 10 (2) 5/10/15 (5)
United Kingdom 0 Not covered 0 (6)
Vietnam 0 10 (2) 10
Notes
1. here is no on dividends, branch rofits, and share of rofits of an association of ersons that
have been taxed.
2. Exempt if paid to the government.
3. Lower rate for payments in connection with patents, designs, secret formulas/processes, or
ind strial, commercial, or scientific e i ment/e erience.
4. ower rate if received b a bank or a financial instit tion.
5. he rate a lies for a ments in connection with co rights of literar , artistic, or scientific work,
and the 10% rate applies to payments for services of a managerial or consultancy nature, and for
information concerning ind strial, commercial, or scientific e erience.
6. Exempt if the amount is fair and reasonable.

Myanmar
Tax administration
Taxable period
he ta ab e er o o a om an s the same as ts finan a ear n ome ear wh h
s rom r to ar h n ome earne ur ng the finan a ear s assesse to ta n
the assessment ear wh h s the ear o ow ng the finan a ear
Tax returns
n genera annua n ome ta returns must be fi e w th n three months rom the en o
the finan a ear e b une o the finan a ear
a ta a er s ont nues one s bus ness returns must be fi e w th n one month

rom the ate o s ont nuan e o bus ness he a ure o a ta a er to fi e n ome
tax returns, knowing that assessable income has been obtained, is deemed to have
‘fraudulent intention’.
ayment o tax
Advance corporate tax payments are made in quarterly instalments before the end of the
relevant quarter throughout the income tax year based on the estimated total income
for the year. The advance payments and any taxes withheld are creditable against the
fina ta ab t he ate or sett ng the fina ta ab t s s e fie n the not e o
demand issued by the IRD.
Tax audit pro ess

Under the Myanmar Income Tax Law, if it is found that there is a fraudulent intention to
evade tax, the assessment or reassessment of income tax can be made at any time on the
income that has escaped assessment of tax.
a ure b a ta a er to fi e a return o n ome know ng that assessab e n ome has

been obtained, failure to comply with the notice of the IRD to submit accounts and
o uments n u ng the ta return an rofit an oss a ounts w th n the t me
prescribed, or submitting forged instruments and other documents are included within
the meaning of fraudulent intention. If the tax authority in the course of investigation
fin s that a ta a er has on ea e n ome or art u ars re at ng to n ome the
ta a er ma be erm tte to u s ose the a ts w th n the s e fie t me n
addition, the taxpayer must pay a penalty equal to 50% of the tax increased on account
o the on ea ment the ta a er a s to s ose the art u ars w th n the s e fie
time or discloses less than the income concealed, the taxpayer will also be subject to
prosecution, in addition to paying the tax and penalty. If the taxpayer is found guilty, the
taxpayer may be punishable with imprisonment for between three to ten years.
he statute o m tat on to ra se an assessment s three ears a ter the finan a ear en
t oes not a n ases o rau u ent e au t ere fi ng o the n ome return an
a ment o a an e ta n t me oes not onst tute a fina ta assessment

The following issues are currently being focused on by the tax authorities:
• me fi ng o ta returns an a ment o ta es e or orate ta ommer a ta

and WHT).
• Stamp duty compliance (i.e. the application of the duty rates and timeliness of
payment).
• e ate art transa t ons e g a ment o management ee to hea o fi e
shareholder loans).

New Zealand
PwC contact
Geof Nightingale
PricewaterhouseCoopers New Zealand
PricewaterhouseCoopers Tower
188 Quay Street
Auckland
New Zealand
Tel: +64 9 355 8853
Email: geof.d.nightingale@nz.pwc.com

oods and ser i es tax ST on online ser i es
The Taxation (Residential Land Withholding Tax, GST on Online Services, and Student
Loans) Act 2016 seeks to impose GST on digital products and other services (such as
mus mo e an game own oa s ur hase on ne b ew ea an onsumers he
new law requires offshore sellers to register and pay GST from 1 October 2016.
The following measures have been introduced:
• Services and intangibles supplied remotely by an offshore supplier to New Zealand-

res ent onsumers are treate as er orme n ew ea an an there ore sub e t to
GST.
• w e efin t on o ser es has been a o te wh h n u es both g ta ser es
and more traditional services such as legal and accounting services.
• The new rules only apply to business-to-consumer (B2C) transactions and not to
business-to-business (B2B) transactions.
• From 1 October 2016, offshore sellers are required to register and return GST if their
supplies of services to New Zealand-resident consumers exceed 60,000 New Zealand N
dollars (NZD) in a 12-month period.
n some s tuat ons an e e tron market a e or nterme ar are re u re to reg ster

instead of the principal offshore supplier.
ebt remission
n ebruar n an e enue re ease an fi a s ssues a er on re ate art es
debt remission. The paper sought feedback on proposed legislative changes to make the
debt remission rules more certain for taxpayers. The proposed legislative changes are
intended to ensure that there should be no debt remission income for the debtor when the
debtor is in the New Zealand tax base, including controlled foreign companies (CFCs) and
ew ea an subs ar es o ore gn om an es an
• they are members of the same wholly-owned group of companies, or

• the debtor is a company or partnership (including look-through companies and limited
partnerships) and all of the relevant debt is owed to shareholders or partners in the
ebtor an the re e ant ebt s rem tte or a ta se ro rata to ownersh
The changes are proposed to have retrospective application from the commencement of
the 2006/07 tax year. The proposals have been included in the Taxation (Annual Rates for
2016-17, Closely Held Companies, and Remedial Matters) Bill, which was introduced to
Parliament in May 2016.
Simpli ying tax administration

The government is seeking to modernise tax administration and reduce compliance
costs. A green paper has been released that considers simplifying tax for businesses and
individuals. Its proposals include using existing business processes and technology to
www.pwc.com/taxsummaries New Zealand 249

New Zealand
calculate provisional tax and streamline the collection of pay-as-you-earn (PAYE) and GST.
The paper also proposes providing online returns for individuals, pre-populated with all
known n ome n ormat on to s m the r fi ng ob gat ons
Inland Revenue is also seeking to improve its digital services for a better tax system,
releasing a discussion document that puts forward three key proposals. First, Inland
Revenue would work with third parties, such as banks and business software developers,
so that ta ntera t ons are bu t nto a ustomer s regu ar transa t ons rather than
manag ng ta se arate at s e fi t mes o the ear e on n an e enue wou
provide assistance to those who do not have access to digital technology or the skills or
knowledge to use it. Finally, Inland Revenue would develop a process to move certain
individuals and businesses to digital services where possible.
The government will be releasing detailed proposals on these areas over the next few years
as t seeks to s m an m ro e ew ea an s ta a m n strat on s stem
ouble tax agreements T s
Samoa - New Zealand DTA

A new DTA was signed with Samoa in July 2015 and entered into force on 23 December
he new re a es the e st ng ta n ormat on e hange agreement
between ew ea an an amoa n er the new the w thho ng ta rates
are:
• 15% for dividends, or 5% for an investor who holds at least 10% of the shares in the
company that pays the dividends.
• 10% for interest payments.
• 10% for royalties.
DTAs under negotiation

New Zealand is currently negotiating DTAs with China, Luxembourg, Norway, Portugal,
an the n te ng om
New Zealand is also negotiating new protocols to amend existing treaties with Austria,
Belgium, India, and the Netherlands.

New Zealand resident companies are taxed on their worldwide income, and non-resident
companies (including branches) are taxed on New Zealand-sourced income.
The New Zealand corporate income tax (CIT) rate is 28%.
o al in ome taxes
There are no state or municipal income taxes in New Zealand.
orporate residen e
es en e s eterm ne b a e o n or orat on o at on o hea o fi e entre o
management or b re tors e er s ng ontro o the om an n ew ea an

enera s to wh h ew ea an s a art efine a b re eren e to a fi e
a e o bus ness through wh h the om an s bus ness s arr e on an a so e st
w thout a fi e a e o bus ness the em o ees o the o erseas om an hab tua
250 New Zealand PwC Worldwide Tax Summaries

New Zealand
exercise an authority to conclude contracts in New Zealand or provide services in New

Zealand for a period of time.
t er taxes
GST is a form of value-added tax (VAT) that applies to most supplies of goods and services.
he narrow ategor o e em t su es n u es finan a ser es he rate a e to
taxable supplies is currently 15% or 0%.
he rate a es to a ew su es on n u ng e orts an finan a ser es

supplied to other registered businesses. The 0% rate also applies to the sale of land
between two registered parties if the purchaser acquires the land with the intention of
using it to make taxable supplies and the land is not intended to be used as a principal
place of residence for the purchaser or an associate.
here s a so a re erse harge me han sm that re u res the se assessment o on the

value of certain services imported by GST registered persons.
Non-residents who do not make taxable supplies in New Zealand can register for GST,
provided they meet certain criteria, allowing them to claim a refund for their input GST
costs.
ustoms duties
Customs duty is levied on some imported goods at rates generally ranging from 1% to
10%.
Ex ise duty
Excise duty is levied, in addition to GST, on alcoholic beverages (e.g. wines, beers, spirits),
tobacco products, and certain fuels (e.g. compressed natural gas, gasoline). The excise N
duties are levied item-by-item at rates that vary considerably.
roperty taxes
o a author t es e ta known as rates on an w th n the r terr tor a boun ar es ates
are e e on ro ert es base on the ro ert es rateab e a ue
Trans er taxes
There are no taxes on the transfer of property in New Zealand.
Stamp duty
Stamp duty has been abolished in respect of instruments executed after 20 May 1999.
ident ompensation le y
A statutory-based scheme of accident insurance is funded in part by premiums payable by
employers and employees.
Premiums paid by employers (including the self-employed) fund insurance for work-
related accidents. Employers are liable to pay a residual claims levy and an employer levy.
he em o er e a ab e s eterm ne a or ng to the n ustr or r sk ass fi at on o
the employer and the level of earnings of employees.
ringe benefit tax BT

m o ers are sub e t to a ta e u t b e on the a ue o non ash r nge benefits
ro e to the r em o ees m o ers an e e t to a at at rates or the
n ome ear on attr bute benefits an on oo benefits e those
benefits that annot be attr bute to a art u ar em o ee a e aga nst the a ue o

New Zealand
the benefit or an attr bute r nge benefits to n ua em o ees an a base on

ea h em o ee s marg na ta rate
n er the attr but on o t on the a ab e rate e en s on the net remunerat on

n u ng r nge benefits a to the em o ee he attr but on a u at on treats the
r nge benefit as t was a n ash an a u ates as the not ona n rease n n ome
that otherwise would have arisen.
The multi rates for the 2016/17 income tax year are:
Net remuneration (NZD) FBT rate (%)

12,530 or less 11.73
12,531 to 40,580 21.21
40,581 to 55,980 42.86
Greater than 55,981 49.25
r nge benefits n u e motor eh es a a ab e or r ate use oans at be ow res r be

interest rates, contributions to medical insurance schemes, and non-monetary employer
contributions to superannuation schemes.
In relation to motor vehicles, employers can value a vehicle on an annual basis either
using 20% of the cost price or market value (GST inclusive) of the vehicle (depending on
whether the eh e s owne or ease b the em o er or o the eh e s ta wr tten
down value (GST inclusive). In each case, the FBT value must be reduced proportionately
for whole days when the vehicle is not available for private use at any time.
s a so a ab e to benefits re e e b an em o ee rom a th r art where there s

an arrangement between the em o er an the th r art an where the benefit wou be
sub e t to t ha been ro e b the em o er
Employer superannuation ontribution tax ES T

m o ers ontr but ons to an a ro e su erannuat on un e u ng ore gn
s hemes are sub e t to h s n u es em o er ontr but ons to w a er or other
qualifying registered superannuation schemes).
s genera e u te at the em o ee s re e ant rogress e rate base on the tota

salary or wages and employer superannuation cash contributions paid to the employee in
the previous year.
Salary or wages plus superannuation contributions (NZD) ESCT rate (%)

Up to 16,800 10.5
16,801 to 57,600 17.5
57,601 to 84,000 30.0
Over 84,000 33.0
on resident ontra tor s tax T

New Zealand imposes an obligation to deduct NRCT on those making contract payments
to non-residents in relation to certain contract activities undertaken in New Zealand.
Contract activities generally relate to services but also include the granting of a right to
use property in New Zealand. The NRCT rate is generally 15% (or 30% for individuals
and 20% for companies if the relevant paperwork is not provided). Some contractors are
e g b e to a or a ert fi ate o e em t on or a re u e rate ert fi ate
n a t ona to a ert fi ate o e em t on no s re u re to be w thhe the non

resident has full relief from tax under a DTA and is present in New Zealand for no more
than 92 days in a 12-month period.
New Zealand
Payments for contract work amounting to less than NZD 15,000 in a 12-month period are
also exempt from NRCT. In such cases, contractors themselves are responsible for paying
any New Zealand tax owed at the end of the year (provided there is no relief from tax
under a DTA).
Bran in ome
A non-resident company is taxed on income generated by business wholly or partially
arr e on n ew ea an ran h rofits are sub e t to or nar or orate rates o
ta at on an there s no on re atr ate rofits
n ome determination
n entory aluation
Inventory must be valued by a cost-valuation method or, where market-selling value is
lower than cost, may be valued at market-selling value. If the inventory is shares, it must
be valued at cost. Cost is determined under New Zealand Generally Accepted Accounting
ra t e e tab e ost ow metho s are first n first out or we ghte
average cost. Some valuation concessions are available to small taxpayers.
apital gains
here s no se arate a ta ga ns ta owe er the n ome ta eg s at on s e fi a
includes various forms of gain that would otherwise be considered a capital gain within
the efin t on o n ome a ab e n ome n u es ga ns on the sa e o rea estate n
certain circumstances and on personal property where the taxpayer acquired the property
or resa e or ea s n su h ro ert or where a rofit mak ng ur ose or s heme an be
deemed or imputed.
i idend in ome N
Inter-corporate dividends paid between New Zealand resident companies are exempt
where there is 100% common ownership.
Dividends from a foreign company

A dividend derived by a company resident in New Zealand from a foreign company is
treated as exempt income unless it is:
• a en on a fi e rate share or a en or wh h the ore gn om an has

re e e a ta e u t on n ts home ur s t on or
• a dividend from a portfolio foreign investment fund (FIF) (i.e. interests under 10%)
that is exempt from FIF rules (e.g. an interest in an Australian listed company).
Dividends from foreign companies derived by taxpayers other than companies are taxable
(generally with a credit for any foreign WHTs).
Supplementary dividend tax credit regime

Previously, the supplementary dividend tax credit regime (commonly referred to as FITC)
ensured that foreign investors were not taxed at more than the New Zealand corporate
tax rate by effectively rebating the New Zealand WHT to the extent that the dividend was
fully imputed. As non-resident withholding tax (NRWT) rates have been reduced to nil on
most fully imputed dividends, a supplementary dividend tax credit is generally no longer
required.
The supplementary dividend tax credit regime applies only to fully imputed dividends paid
to shareholders holding less than 10% of the shares in the company and NRWT rates of at
least 15%.

New Zealand
Broadly therefore:
• only portfolio investors (i.e. those with less than 10% holdings) with NRWT rates of at
least 15% will qualify for relief under the supplementary dividend rules, and
• a zero rate of NRWT applies to dividends paid to non-portfolio shareholders (i.e.
shareho ers w th more than ho ngs an to an other en s sub e t to ower
tax rates, to the extent they are fully imputed.
The changes affect provisional tax calculations for taxpayers who take into account
their anticipated supplementary dividend tax credits in calculating their provisional tax.
Taxpayers should also consider the need to impute dividends where a tax treaty applies to
reduce the NRWT rate.
Stock dividends
Bonus issues can be taxable or non-taxable. With a taxable bonus issue, the amount
capitalised becomes available for tax-free distribution upon a subsequent share
cancellation. With a non-taxable bonus issue, the amount capitalised is not available for
tax-free distribution upon a subsequent share cancellation.
hares ssue un er rofit str but on ans s are treate as ta ab e en s
nterest in ome
nterest er e b a om an s n ome he finan a arrangement ru es ma re u re
income for tax purposes to be recognised on an accrual basis. When this is not required
be ause the erson s ass fie as a ash bas s erson nterest n ome s re ogn se as
and when it is received.

he ta at on o ebt an ebt nstruments s go erne b the finan a arrangements ru es
a s e fi set o t m ng ru es n ome or e en ture n u ng ore gn e hange ga ns an
osses rom finan a arrangements must be re ogn se on an a rua bas s genera
yield to maturity or other commercially acceptable method). These rules do not apply to
the n ome or e en ture o a non res ent the finan a arrangement oes not re ate to
a business carried on in New Zealand.
oreign in ome
A New Zealand corporation is taxed on foreign passive income as earned. Double taxation
with respect to all types of taxable income, including interest, rents, and royalties, is
avoided by the recognition of foreign tax credits.
ew ea an oes not o er s e fi ta e erra ru es
edu tions
For tax purposes, depreciation of property can be computed under the diminishing-value
method, the straight-line method, or a pooling method. The rates of depreciation depend
on the following factors:
• Type of asset.
• Whether the asset is acquired new or second-hand (i.e. used).
Taxpayers must use the economic depreciation rates prescribed by Inland Revenue.
Fixed-life intangible property (including the right to use land and resource consents) is
depreciable on a straight-line basis over its legal life. Any depreciation recovered on the
sale of an asset (up to its original cost) is taxable in the year of sale.

New Zealand
The double-declining-balance (diminishing value) method applies to most plant and

e u ment n er the oub e e n ng ba an e metho e u ment w th an est mate
useful life of ten years results in diminishing value depreciation deductions of 20% per
annum e oub e the stra ght ne rate o o er the e u ment s ten ear e
u ngs erta n motor eh es h gh res ua a ue ro ert fi e e ntang b e
property, and property acquired prior to the introduction of the new rules cannot be
depreciated under the double-declining-balance method.
The depreciation rate for buildings with an estimated useful life of 50 years or more is
reduced to 0% as of the 2011/12 income year.
Goodwill
Goodwill is generally regarded as a capital asset, thus any payment for goodwill is non-
deductible. There is a limited exception for payments made to preserve goodwill.
Start up expenses
Expenses incurred by a company before the commencement of the business are generally
regarded as outgoings of a capital nature and are therefore not deductible. However,
erta n e en ture on s ent fi resear h ma be e u t b e ro e that t s n urre
for the purpose of the company deriving assessable income.
esear and de elopment

R&D costs are tax deductible. Expenses written off as immaterial and not tested against
certain asset-recognition criteria are not automatically deductible for tax purposes.
Unsuccessful software development costs

Taxpayers are allowed an upfront deduction for expenditure incurred on unsuccessful
so tware e e o ment ro e ts n the ear that the e e o ment s aban one
nterest expense
enera nterest n urre b most om an es s e u t b e sub e t to th n a ta sat on N
rules (s a a i s i ).
Bad debt
A company is allowed a deduction for bad debt in the income year in which the debt is
physically written off by the company.
A company is generally allowed a deduction for charitable contributions it makes to an
approved Inland Revenue donee organisation or a charity that performs its activities in
ew ea an he st o a ro e onee organ sat ons s a a ab e on n an e enue s
webs te he e u t on a a ab e or har tab e ontr but ons s m te to the om an s
net income for that income year.
Entertainment expenditure
Entertainment expenditure is generally only 50% deductible. However, entertainment
expenditure incurred overseas is 100% deductible.
egal expenditure
Legal expenditure is deductible if the expenditure is:
• incurred in deriving assessable or excluded income or

• incurred in the course of carrying on a business for the purpose of deriving assessable
or excluded income.
However, the expenditure is not deductible if it is of a capital, private, or domestic nature.

New Zealand
Taxpayers with business-related legal expenditure of NZD 10,000 or less are able to deduct
the full amount of the expenditure in the year it is incurred, whether or not it is capital in
nature.
ines and penalties

enera no e u t on s a a ab e where a om an has n urre e en ture on fines or
ena t es a n brea h o statute or regu at on en ture on other fines an ena t es
requires further evaluation before its deductibility can be determined.
Taxes
s e u t b e as s a ab e on the a ue o a r nge benefit
et operating losses
osses ma be arr e orwar n efin te or o set aga nst uture rofits sub e t to the
company maintaining 49% continuity of ownership. There is no loss carryback. Losses of a
subsidiary are preserved on a spinout (i.e. when shares in the subsidiary are transferred to
shareholders of its parent company).

A New Zealand corporation can claim a deduction for royalties, management service
fees, and interest charges paid to non-resident associates, provided the charges satisfy the
arm s ength r n e wh h orms the bas s o ew ea an s trans er r ng reg me
roup taxation
om an es that are or more ommon owne onst tute a grou rou om an es
are able to offset losses by election as well as by subvention payment. A subvention
a ment s a a ment ma e b the rofit om an to the oss om an an annot
e ee the amount o the oss om an s oss he a ment s e u t b e to the rofit
om an an assessab e to the oss om an erta n om an es sub e t to s e a bases
of assessment (e.g. mining companies other than petroleum extraction companies) are
excluded from the grouping provisions. Branches of non-resident companies may be
n u e ro e the ont nue to arr on bus ness n ew ea an through a fi e
establishment.
rou s o res ent om an es that ha e ommon ownersh ma e e t to be sub e t

to the consolidated group regime. The group is effectively treated as a single company and
transfers of assets, dividends, interest, and management fees among members of the group
are genera sregar e or ta ur oses he grou fi es a s ng e return an s ssue a
s ng e assessment rou members are o nt an se era ab e or ta ur oses un ess
an election is made to limit the liability to one or more companies in the group.
Losses incurred by a dual-resident company are not available for offset by election or
subvention payment.
Trans er pri ing

The transfer pricing rules are based on Organisation for Economic Co-operation
and Development (OECD) principles and require taxpayers to value all cross-border
transa t ons w th asso ates on an arm s ength bas s
The transfer pricing rules apply to arrangements for the acquisition or supply of goods,
ser es mone ntang b e ro ert an an th ng e se other than non fi e rate
shares) where the supplier and acquirer are associated persons. Similar rules apply to the
a ort onment o bran h rofits
ar ous metho s are a a ab e or eterm n ng the arm s ength ons erat on he

taxpayer is required to use the method that produces the most reliable measure of the

New Zealand
amount that independent parties would have paid or received in respect of the same or
similar transactions. Inland Revenue has published guidelines that make it clear that
o umentat on s re u re to su ort a ta a er s trans er r es
T in apitalisation
nboun th n a ta sat on ru es a to ew ea an ta a ers ontro e b non
residents, including branches of non-residents. The aim of the rules is to ensure that
New Zealand entities or branches do not deduct a disproportionately high amount of the
wor w e grou s nterest e ense h s s a h e e b eem ng n ome n ew ea an
when, and to the extent that, the New Zealand entities in the group are thinly capitalised
(i.e. excessively debt funded).
The Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014
w ens the nboun ru es to n u e s tuat ons where non res ents are a t ng together
an to n u e trusts where the ma or t o sett ements ha e ome rom non res ents or
rom ent t es sub e t to the th n a ta sat on ru es
he outboun th n a ta sat on ru es are nten e to o erate as a base rote t on

measure to prevent New Zealand residents with CFC investments and certain FIF
investments from allocating an excessive portion of their interest cost against the New
Zealand tax base.
To reduce taxpayer compliance costs, the outbound thin capitalisation rules do not apply
when the New Zealand taxpayer has 90% or more of their assets in New Zealand.
urther on ess ons are a a ab e un er the outboun ru es to ta a ers who o not a

be ow th s thresho the ta a er s nterest e u t on an en s a or fi e rate
shares the finan e ost s be ow m on no a ort onment o e u t b e nterest
s re u re the finan e ost s abo e m on but be ow m on the
interest apportionment may be reduced.
N
An apportionment of deductible interest is required under the thin capitalisation rules
when the debt percentage (calculated as the total group interest bearing debt/total group
assets of a New Zealand entity or group) exceeds both:
• or nboun th n a ta sat on or or outboun th n a ta sat on an

• o the wor w e grou s ebt er entage
The use of the debt-to-asset ratio differs from most thin capitalisation models, which apply
to an ent t s ebt to e u t rat o nterest both re ate an unre ate art s sub e t
to apportionment.
ore gn owne banks o erat ng n ew ea an are sub e t to s e fi th n a ta sat on

rules that deem income if the bank does not hold a level of equity equivalent to 6% of
their New Zealand banking risk-weighted assets. In addition, banks are required to have
su fi ent e u t to e u t un o shore n estments that o not g e r se to ew ea an
taxable income in full.

The CFC regime imposes New Zealand tax on the notional share of income attributable to
residents (companies, trusts, and individuals) with interests in certain CFCs.
entra to the reg me s the efin t on o a hen fi e or ewer ew ea an res ents

directly or indirectly control more than 50% of a foreign company, or when a single New
Zealand resident directly or indirectly controls 40% or more of a foreign company (unless
a non-associated non-resident has equal or greater control), that company is a CFC. For
nterests that o not meet the efin t on o a the n estment ma be ta e un er the
FIF regime (see below).

New Zealand
Note that a person with an income interest in a CFC does not have attributed CFC income
or losses if:
• the Australian exemption applies or

• the CFC passes an active business test.
the e em t ons o not a on the s ass e attr butab e n ome s sub e t to

tax on attribution (on an accrual basis). However, no income attribution is required if a
New Zealand resident has an income interest of less than 10% in the CFC.
Active business test

A CFC passes the active business test if it has passive (attributable) income that is less
than 5% of its total income. For the purposes of the test, taxpayers measure passive and
tota n ome us ng e ther finan a a ount ng au te nternat ona nan a e ort ng
Standards [IFRS] or NZ GAAP accounts) or tax measures of income.
s n the same ountr ma be onso ate or a u at ng the rat o sub e t to

certain conditions.
Australian exemption
A person with an interest in a CFC does not have attributed CFC income or a loss if the CFC
s a res ent n an sub e t to n ome ta n ustra a an meets erta n other r ter a
Passive (attributable) income

ttr butab e or ass e n ome s n ome that s h gh mob e an not o at on s e fi
(i.e. income where there is a risk that it could easily be shifted out of the New Zealand tax
base).
The broad categories of attributable income are as follows:
• Certain types of dividend that would be taxable if received by a New Zealand resident
company.
• Certain interest.
• Certain royalties.
• Certain rents.
• erta n amounts or finan a arrangements
• Income from services performed in New Zealand.
• Income from offshore insurance business and life insurance policies.
• Personal services income.
• Income from the disposal of revenue account property.
• Certain income related to telecommunications services.
Taxpayers must disclose interests in CFCs in their annual tax returns. Failure to disclose
CFC interests can result in the imposition of penalties.
oreign in estment unds s

he reg me s an e tens on o the reg me wh h sub e ts ersons w th nterests n
certain foreign entities (which are not CFCs) to New Zealand tax. It also applies when the
n estor oes not ha e a su fi ent nterest n a to be ta e un er that reg me
ommon e am es o n estments ass fie as s n u e ore gn om an es un t trusts

foreign superannuation schemes, and life insurance policies issued by foreign entities not
sub e t to ew ea an ta
The FIF rules can be split into two regimes:
• The portfolio FIF rules, which apply to interests of less than 10% in a FIF.

New Zealand
• The non-portfolio FIF rules, which apply to interests of 10% or more that are outside
the CFC rules.
Portfolio FIF rules

The portfolio FIF rules apply to interests of less than 10% in foreign companies, foreign
superannuation schemes, and foreign life insurance policies issued by non-resident
life insurers (if the CFC rules do not apply). However, a New Zealand resident does not
generally have FIF income when:
• the total cost of FIF interests held by the individual does not exceed NZD 50,000
• the income interest is less than 10% in certain Australian Stock Exchange (ASX) listed
companies or certain Australian unit trusts, or
• the CFC rules apply.
There are also exemptions for interests in certain foreign employment-related

superannuation schemes. These include interests held by returning residents and new
m grants a u re be ore the erson be ame a ew ea an res ent or w th n the first
fi e ears o ew ea an res en e
hen an nterest s e em t rom the ru es str but ons are sub e t to ta on a re e ts

basis in accordance with normal principles.
The taxable income of a New Zealand resident with an interest in a FIF that does not
qualify for one of the exemptions is calculated using one of the following methods:
• Fair dividend rate (FDR).

• Comparative value.
• Cost.
• Deemed rate of return.
The nature of the interest held and the availability of information restrict the choice of N
method.
Taxpayers must disclose interests in certain FIFs in their annual tax returns. Failure to
disclose can result in the imposition of penalties.
Non-portfolio FIF rules

The active income exemption (which applies for CFCs) also includes certain non-portfolio
FIFs. If the FIF fails the active business test, passive income will be attributed to the New
Zealand shareholders. There is also an exemption for shareholders with a 10% or greater
nterest n a that s res ent an sub e t to ta n ustra a
hen n estors o not ha e su fi ent n ormat on to er orm the a u at ons re u re

under the active business test (or choose not to apply the active business test), they will be
able to use one of the attribution methods for portfolio FIF investments (see above).

oreign tax redits
a ew ea an res ent om an er es o erseas n ome that s sub e t to ew ea an
income tax, the company is generally allowed a credit for the foreign income tax paid in
respect of that income. Generally, the credit is limited to the lesser of the actual overseas
tax paid on the overseas income or the New Zealand tax applicable to the overseas income.
Foreign tax credits can only be used if the taxpayer is in a tax paying position. If foreign tax
credits are not claimed in the current year, they are forfeited.

New Zealand

here are m te s e fi ta n ent es es gne to en ourage the ow o n estment
funds into New Zealand.
Legislation encourages foreign venture capital investment into unlisted New Zealand
companies. Gains derived by certain non-residents from the sale of shares (held on
revenue account and owned for at least 12 months) in New Zealand unlisted companies
that do not have certain prohibited activities as their main activity are exempt from income
tax. The rules apply to foreign investors who are resident in all of the countries with which
New Zealand has a DTA (except Switzerland) and who invest into New Zealand venture
a ta o ortun t es

n estment a owan es on fi e assets are not a a ab e
Trans Tasman imputation

Elective rules allow trans-Tasman groups of companies to attach both imputation credits
(representing New Zealand tax paid) and franking credits (representing Australian tax
paid) to dividends paid to shareholders.
The regime allows eligible wholly owned groups of Australian and/or New Zealand
companies to group for imputation purposes only. Groups with both Australian and
New Zealand members are known as trans-Tasman imputation groups (TTIGs). New
ea an om an es w th n a trans asman grou ma nta n a se arate res ent m utat on
subgrou a ount
Wit olding taxes

Resident corporations paying certain types of income are required to withhold tax on gross
income, as shown in the table below.

Resident corporations 1 2 1 0
Resident individuals 33 max 33 -
Non-resident corporations and individuals 2

Non-treaty 0 1 15
Treaty:
Australia 0/ /1 0/10 5
Austria 15 10 10
Belgium 15 10 10
Canada /1 6 10 /10 6
Chile 15 10/1 5
China, People’s Republic of 15 10 10
Czech Republic 15 10 10
Denmark 15 10 10
Fiji 15 10 15
Finland 15 10 10
France 15 10 10
Germany 15 10 10
Hong Kong 0/ /1 0/10 5
India 15 10 10
Indonesia 15 10 15
Ireland, Republic of 15 10 10

New Zealand

Italy 15 10 10
Japan 0/1 0/10 5
Korea, Republic of 15 10 10
Malaysia 15 15 15
Mexico 0/ /1 10 10 10
Norway 15 10 10
Philippines 15 10 15
Poland 15 10 10
Russian Federation 15 10 10
Samoa /1 11 10 10
Singapore /1 12 10 5
South Africa 15 10 10
Spain 15 10 10
Sweden 15 10 10
Switzerland 15 10 10
Taiwan 15 10 10
Thailand 15 10/1 1 10/1 1
Turkey /1 1 10/1 1 10
United Arab Emirates 15 10 10
United Kingdom 15 10 10
United States 0/ /1 1 0/10 1 5
Vietnam /1 16 10 10
Notes
N
1. Resident WHT applies to both interest and dividends. Unless the recipient corporation holds an
e em tion certificate, and if the reci ient rovides a ta file n mber, the defa lt rate of the interest
is 28%. Recipients can elect for the rate of interest withholding to be 30%. The rate of interest WHT is
0 where the reci ient does not rovide a ta file n mber.
The rate of WHT on dividends paid is 33%, but the tax is reduced by the aggregate imputation and
withholding payment credits attached to the dividend or taxable bonus share. Interest and dividends
paid between group companies and in certain other limited circumstances are exempt from the WHT.
2. Resident corporations paying interest to non-associated, non-resident corporations and individuals
need not withhold tax if they have approved-issuer status and the security under which interest is
a able is registered with nland even e. n this case, the resident cor oration a s a 2 lev ta
ded ctible on the interest a ments instead of the otherwise a licable.
3. Non-resident WHT is imposed on dividends at the following rates, regardless of the jurisdiction to which
the dividends are paid:
• 0% for fully imputed dividends paid to a shareholder holding 10% or more of the direct voting
interests in the company and fully imputed non-cash dividends.
• 15% for fully imputed cash dividends paid to a shareholder holding less than 10%.
• 30% in most other cases, subject to any relief available under a DTA.
4. Net interest income is subject to reassessment at the company tax rate where the payer and the
recipient are ‘associated persons’, but WHT is the minimum liability. Non-resident WHT is not imposed
where the reci ient of the interest has a fi ed establishment in ew ealand.
5. The WHT on dividends is reduced from 15% to 5% for an investing company that has at least a 10%
shareholding in the company paying the dividend. The rate reduces to 0% if the investing company
holds 80% or more of the shares in the other company and meets other criteria. The WHT rate on
interest is 10 b t is red ced to 0 if it is a able to eligible financial instit tions.
6. The WHT on dividends is reduced from 15% to 5% for an investor who holds at least 10% of the
shares in the company that pays the dividend. The WHT rate on royalties is reduced from 15% to 10%
generally, with a further reduced rate of 5% for royalties relating to copyright, computer software, and
others.
7. The WHT on interest is reduced to 10% if the interest received is derived from loans granted by banks
or insurance companies. In all other cases, 15%.
8. The WHT on dividends is reduced from 15% to 5% for an investing company that has at least a 10%
shareholding in the company paying the dividend. The rate reduces to 0% if the investing company
holds 50% or more of the shares in the other company and meets other criteria. The WHT rate on
interest is 10 b t is red ced to 0 if it is a able to eligible financial instit tions.

New Zealand
9. he rate on dividends is red ced from 1 to 0 for an investor who holds at least 10 of the
voting ower in the com an a ing the dividend s b ect to certain conditions being met . he
rate on interest is 10 generall and 0 if it is a able to eligible financial instit tions.
10. The 0% WHT rate applies where the foreign company owns at least 80% of the voting rights in the
a ing com an directl or indirectl for 12 months rior to the date the dividend is aid. he rate
applies if the foreign company has a direct interest of at least 10% of the voting rights in the paying
company.
11. The WHT rate on dividends will reduce from 15% to a maximum of 5% for an investor who holds at
least 10% of the shares in the company that pays the dividend.
12. The standard WHT rate on dividends reduces to 5% for an investing company that has at least a 10%
shareholding in the company paying the dividend.
13. he rate on interest is red ced to 10 if it is received b a financial instit tion or it is aid with
respect to debt arising from a sale on credit of any equipment, merchandise, or services. The WHT rate
is reduced to 10% for certain types of royalty.
14. he rate on dividends is red ced to if the beneficial owner is a com an holding at least
25% of the capital of the company paying the dividends and 15% in all other cases. The WHT rate on
interest is reduced to 10% if the interest is paid to a bank and 15% in all other cases.
15. The WHT rate on dividends is 5% for an investor who holds at least 10% of the shares in the company
that pays the dividend; 0% if the investor holds 80% or more of the shares in the company and meets
other criteria; 15% in all other cases. The WHT rate on interest is 10% but is reduced to 0% if it is
a able to eligible financial instit tions.
16. he rate on dividends is red ced to if the beneficial owner is a com an holding at least 0
of the voting power in the company paying the dividends and 15% in all other cases.
Tax administration
Taxable period
a returns are base on the fis a ear en ng ar h a though other fis a ear en s
are possible if permission is obtained.
Tax returns
he s stem s one o se assessment un er wh h the or orat on fi es an n ome ta
return ea h ear or those not nke to a ta agent returns must be fi e b u or
balance dates between 1 October and 31 March, or by the seventh day of the fourth month
o ow ng a ba an e ate between r an e tember he fi ng ate or ta a ers
linked to a tax agent is extended to 31 March of the following year.
ayment o tax
Terminal tax payment is due on 7 February for balance dates between 31 March and
30 September. For other balance dates, terminal tax payments are generally due on the
seventh day of the 11th month following the balance date. The terminal tax due date is
extended by two months for taxpayers linked to a tax agent.
Provisional tax payments are generally due in three instalments: (i) 28th day of the
seventh month before the balance date, (ii) 28th day of the third month before the balance
date, (iii) 28th day of the month following the balance date.
Calculating provisional tax

For the 2016/17 income year (i.e. year ending 31 March 2017), provisional taxpayers have
the following four options:
• here the return o n ome has been fi e ro s ona ta an be

based on 105% of the 2015/16 residual income tax.
• here the return o n ome has not been fi e ue to an e tens on o t me or
fi ng ro s ona ta an be base on o the res ua n ome
ta but on or the first two nsta ments he fina nsta ment must be a u ate base
on the first o t on abo e
• Provisional tax can be based on a fair and reasonable estimate of the 2016/17 residual
income tax.
• The GST ratio option.
The GST ratio option enables smaller taxpayers to align their provisional tax payments
w th the r ash ow an re u e the r e osure to use o mone nterest he o t on s

New Zealand
nten e to benefit those ta a ers w th e n ng seasona or u tuat ng n ome h s

o t on a u ates ro s ona ta b re eren e to the ta a er s ta ab e su es n the
relevant provisional tax instalment period.
Taxpayers can also make voluntary payments. Such payments can be made to minimise
exposure to use of money interest. A taxpayer choosing to estimate residual income tax is
required to take reasonable care when estimating.
hen the ta a er s return o n ome or the ear s urn she the ro s ona ta a or
that year is credited against the tax assessed. This results in either a refund or further tax
to pay by way of terminal tax.
Where provisional tax paid is less than the amount of income tax deemed due on that
instalment date, interest is imposed. If provisional tax is overpaid, interest is payable to the
taxpayer. Interest is deductible for tax purposes by business taxpayers, and interest earned
on overpaid provisional tax is gross income for tax purposes. As of 8 May 2016, the interest
rate for unpaid tax is 8.27%, while the rate for overpaid tax is 1.62%.
Tax pooling
Taxpayers are able to pool their provisional tax payments with those of other taxpayers
through an arrangement with a commercial intermediary. Tax pooling allows
underpayments to be offset by overpayments within the same pool and i sa.
Tax penalties
An initial late payment penalty of 1% applies if a tax payment is not made on the due date.
A further 4% late payment penalty applies if the payment is not made within seven days
of the due date. An incremental late payment penalty of 1% is then imposed monthly until
payment is made.
n an e enue s re u re to not a ta a er the first t me the r a ment s ate rather

than imposing an immediate late payment penalty. If payment is not made by a certain N
ate a ate a ment ena t w be m ose a a ers w be ent t e to one not fi at on
e er two ears ter re e ng a first warn ng n an e enue w not sen urther
not fi at ons or two ears an an n t a ate a ment ena t w be m ose n the
normal manner.
Shortfall penalties
Shortfall penalties, calculated as a percentage of the tax shortfall resulting from the action
or position taken by the taxpayer in a tax return, may also apply.
here s a s ount on erta n ena t es where the ta a er has a ast re or o goo

beha our an n erta n r umstan es a a o on short a ena t es or
not taking reasonable care or for taking an unacceptable tax position.
Tax audit pro ess

Inland Revenue maintains an active audit programme across all tax types and taxpayer
rofi es an regu ar ub shes n ormat on about the r om an e o us ten n an
Revenue audits are preceded by a risk review where Inland Revenue requests information
in order to evaluate the risk of non-compliance. Where this review detects an issue
that requires further inspection, Inland Revenue will then advise that an audit will be
commenced.
The general rule is that Inland Revenue has four years from the end of the New Zealand
n ome ta ear ar h n wh h the return s fi e to re assess the return un ess the
return is fraudulent, wilfully misleading, or omits income of a particular nature or source.

New Zealand

For multinational corporations, Inland Revenue highlights tax avoidance, transfer pricing,
s an nternat ona finan ng arrangements as ke r sk areas n tune w th the s
urrent a ogue on the base eros on an rofit sh t ng work n art u ar n an
Revenue is focussing on the following:
• rans er r ng a k o trans er r ng o umentat on ma or ownwar s sh ts n

rofitab t w e er ng rofits between o a ent t es an the r g oba grou
members, unsustainable levels of royalties or management fees, transactions with low
or no ta ur s t ons an hron a re urr ng osses
• CFCs: technical compliance, possible New Zealand tax residency of CFCs through local
management control or director decision making.
• BEPS concerns: taxation of digital goods and services provided over the internet, hybrid
mismatches occurring as a result of variances in tax treatment between countries and
misuse of tax treaties.
• GST: associated party transactions, non-routine transactions, and zero rating of goods
or services.
• Non-residents: transactions with non-residents and non-resident contractors.
For small-to-medium sized enterprises (SMEs), Inland Revenue is focussing on GST errors,
em o er e u t ons an other m nor fi ng errors
Other key focus areas include the following:
• Aggressive tax planning.

• Central and local government.
• Life insurance providers.
• Trusts.
• Fraud and identity theft.
• Charities.
• The property sector.
• n er re ort ng n ome an o erat ng outs e the s stem
t er issues
nternational inan ial eporting Standards S
The relationship between statutory accounting and taxable income is quasi-dependent.
he ear o fina a o t on or was a i a si i a a as a a
is i i iss s s i aa s a a s a a
a s a i s.
nited States oreign ount Tax omplian e t S T

he n te tates ntro u e n he t omes nto e e t n stages rom
u he ru es re u re g oba finan a nst tut ons to re ort eta s o the r
ustomers to the nterna e enue er e a ms to re u e ta e as on b
t ens who n est outs e o the n te tates an then a to e are the n estments
and the income from those investments.
he reasur an the ew ea an go ernment ha e entere nto an nter

go ernmenta agreement or the m ementat on o the ru es wh h ame nto
force on 3 July 2014. Implementing FATCA under the IGA reduces compliance costs for
ew ea an finan a nst tut ons b s m ng the re ort ng ro ess an a ow ng
them to report to and make arrangements directly with the New Zealand Inland Revenue
rather than the t a so genera e m nates the ros e t o o a ments be ng
w thhe wh h wou be a ma or bus ness r sk

Pakistan
PwC contact
Syed Shabbar Zaidi
A.F. Ferguson & Co., Chartered Accountants
a member firm o the w network
tate e u ng
I.I. Chundrigar Road
ara h
ak stan
e
ma s m shabbar a k w om

he o ow ng s gn fi ant e e o ments n or orate ta at on ha e re ent o urre n
ak stan
• he or orate ta rate e rease rom to or ta ear or ta

ear an or ta ear onwar s
• u er ta s e e at or bank ng om an es an or other om an es earn ng
n ome o more than m on ak stan ru ees u er ta s a ab e on
or ta ear
• n str bute reser es o om an es are ta e n e ess o o a u a ta
at the rate o
• thho ng ta rates or unreg stere ta a ers are enhan e
• ew ro s ons or bank ng om an es are ntro u e whereb a transa t ons
n e ess o b unreg stere ta a ers are sub e te to o
• eturns fi e b ta a ers are automat a se e te or au t the r n ome or the
ear s ess than o the r ast e are n ome
• owers to ssue not fi at ons b the e era oar o e enue are restr te
• a e em t ons are a owe or so ar an w n ower energ ant an e u ment
manu a tur ng agr u tura o ha n an warehous ng ha a meat ro u t on
un ts e e tr t transm ss on ro e ts manu a tur ng o e u ar hones an new
manu a tur ng un ts set u n h ber akhtunkhwa an a o h stan

res ent om an s ta e on ts wor w e n ome on res ent om an es
o erat ng n ak stan through a bran h are ta e on the r ak stan sour e n ome
attr butab e to the bran h at rates a ab e to a om an
he e era or orate ta rates on ta ab e n ome are as o ows
Company type Tax rate (%)

Banking company 35
Public company other than a banking company 32
Any other company 32
Small company (see the Tax credits and incentives section for more information) 25
ote that the or orate ta rate or ta ear s an or ta ears an

onwar s s or om an es other than bank ng om an es
he term ub om an m es a om an ste on an sto k e hange n ak stan

or one n wh h not ess than o the shares are he b the e era go ernment or a
ub trust
265 Pakistan PwC Worldwide Tax Summaries

ak stan
n the ase o a modaraba (s i ai s i a ii n ome

e e t re at ng to tra ng a t t es s e em t rom ta ro e that o ts rofit s
str bute to the ert fi ate ho ers as ash en s
he fina ta reg me or res ent ta a ers a resum t e ta s heme where ta es

are w thhe at the sour e on the sa e o goo s an e e ut on o ontra ts or o e te at
the t me o m ort or other than n ustr a raw mater a s s ons ere the fina ta
ab t n res e t o n ome ar s ng rom the sa e ontra t or m ort
n the ase o e orts ta o e te at the t me o rea sat on o ore gn e hange

ro ee s s treate as the fina ta or that n ome
he s a so a ab e to non res ent ta a ers at the r o t on owe er t s on

a ab e n ases o re e ts on a ount o the e e ut on o a ontra t or onstru t on
assemb or nsta at on n u ng a ontra t or the su o management a t t es
n re at on to su h ro e t as we as erta n ontra ts or ser es an ontra ts or
a ert sement ser es ren ere b te e s on sate te hanne s
Taxation of a permanent establishment (PE) of a non-resident

he o ow ng r n es sha a n om ut ng ta ab e n ome o a
• t s a st n t an se arate ent t ea ng n e en ent w th the non res ent o

wh h t s a
• n a t on to bus ness e en ture e e ut e an a m n strat e e en ture
whether n urre n ak stan or e sewhere w be a owe as e u t ons
• ea o fi e e en ture n u ng rent sa ar es tra e ng an an other
e en ture that ma be res r be sha be a owe as a e u t on n ro ort on to
the turno er o the n the same ro ort on as the non res ent s tota hea o fi e
e en ture bears to ts wor w e turno er
• o a t es om ensat on or ser es n u ng management ser es an nterest
on oans e e t n bank ng bus ness a ab e or re e ab e to or rom a s hea
o fi e sha be ons ere n om ut ng ta ab e n ome o the
• o e u t on w be a owe or an nterest a on oans a u re b a non
res ent to finan e the o erat ons o a or or the nsuran e rem um n res e t o
su h oans P
inimum tax on turno er
here the ta a ab e b a om an s ess than o the turno er e e t where
the om an s n a oss os t on be ore harg ng e re at on an other na m ss b e
e enses the om an s re u re to a a m n mum ta e u a ent to o the
turno er a a n e ess o norma ta ab t an be arr e orwar or a ustment
aga nst ta ab t o a subse uent ta ear owe er su h ta an on be a uste
aga nst ta ab t o the fi e ta ears mme ate su ee ng the ta ear or wh h
the amount was a
he m n mum ta rate or om an es ro ng ser es s o the turno er e e t or

erta n s e fie ser es se tors wh h are a owe on ess ons w th on t ons
lternate orporate Tax T

n er the the m n mum ta ab t o a om an s the h gher o o
a ount ng n ome or the or orate ta ab t eterm ne un er the or nan e
n u ng m n mum ta on turno er h s on e t s a ab e or a om an es e e t
nsuran e om an es om an es engage n e orat on an ro u t on o etro eum
bank ng om an es an om an es en o ng a re u e rate o ta em t n ome
n ome ta ab e un er the ga n on s osa o s e fie ste se ur t es n ome
ent t e to ta re t on a ount o e u t n estment an n ome o non rofit
organ sat ons trusts an we are nst tut ons are not ta ab e un er the
www.pwc.com/taxsummaries Pakistan 266

ak stan
Super tax
u er ta s ntro u e through nan e t whereb o su er ta s a ab e
b bank ng om an es an b other om an es the n ome o the om an s
m on or more u er ta s a ab e on or ta ear
o al taxes on in ome
o o a ta es are a ab e n res e t o n ome o om an es
orporate residen e
om an s res ent n ak stan t s n or orate or orme b or un er the aw o
ak stan or the ontro an management o ts a a rs s s tuate who n ak stan n
that year.
he term om an n u es a trust a oo erat e so et a finan e so et or an other

so et estab she or onst tute b or un er an aw a or orate bo n or orate
outs e ak stan an an ore gn asso at on n or orate or un n or orate that the
entra e enue author t es ma e are to be a om an

s a a e o bus ness through wh h the bus ness o a non res ent s who or
art arr e out n u ng
• a e o management bran h o fi e a tor or worksho rem ses or so t ng

or ers warehouse ermanent sa es e h b t on or sa es out et e e t a a son o fi e
• n agr u ture astora or orestr ro ert
• m ne o or gas we uarr or an other a e o e tra t on o natura resour es
• bu ng s te a onstru t on assemb or nsta at on ro e t or su er sor
a t t es onne te w th su h s te or ro e t su h a t t ont nue or more than
a s w th n an month er o
• he urn sh ng o ser es n u ng onsu tan ser es b an erson through
em o ees or other ersonne engage b the erson or that ur ose
• erson a t ng n ak stan on beha o the erson other than an agent o
n e en ent status a t ng n the or nar ourse o bus ness
• n substant a e u ment nsta e or other asset or ro ert a ab e o a t t
g ng r se to n ome
he efin t on o a ro e n a oub e ta at on treat w re a n ases

where a s e e ute b ak stan w th the re ate ountr o or g n o the
t er taxes
alue added tax T
o a terme as sa es ta s or nar e e at on the a ue o goo s
un ess s e fi a e em t a ter a ow ng re ate n ut re ts
e e ommun at on ser es are e e at the rate o on ser es

n u ng te e ommun at on ser es s a ro n a e
gn fi ant ero rate goo s are as o ows
• u es an re a r an ma ntenan e o erta n sh s an a r ra t
• u es to omat m ss ons an omats
• u es o raw mater a s om onents an goo s or e ort ro ess ng ones
• u es o o a manu a ture ant an ma h ner to e ort ro ess ng ones an
su es o erta n s e fie ma h ner to the e orat on an ro u t on se tor

ak stan
• u es to e orters
gn fi ant e em t ons are as o ows
• e an ma s an e ou tr
• e ants
• egetab es u ses e b e ru ts e u ng m orte ru ts erta n s es sugar
ane e b e o s et
• k re arat ons
• ews r nts news a ers ourna s er o a s an books
• gr u tura ro u e not sub e te to an ro ess
ustoms and import duties

ustoms an erta n other ut es are o e te at the m ort stage at ar ng rates
ass fie un er the armon e stem o e
Ex ise duty
e era e se ut s e e at the rate o on erta n t es o manu a tur ng
m ort o goo s an ren er ng o ser es e e t te e ommun at ons ser es wh h
are harge at the rate o un er the onst tut on s to be e e an
o e te b the ro n es n h un ab an h ber akhtunkhwa ro n es ha e
romu gate the r statute an others are e e te to o ow
roperty taxes
ro ert owners are re u re to a ro ert ta e e an o e te b ro n a
go ernments through mun a go ernments at ar ng rates
Stamp duty
n the ase o sa e or trans er o mmo ab e ro ert stam ut s a ab e w th
ar ng rates on the bas s o o at on o the ro ert on the a ue o the ro ert

om na so a se ur t an m o ees ge enefit ontr but on s o e te rom
the em o ers an the em o ees m o ers are res ons b e to o e t an a on a
month bas s P
ayroll taxes
m o ers are not res ons b e to a an other ta n res e t o the r em o ees or the r
sa ar es
Bran in ome
he rates o ta or a bran h o a om an n or orate outs e ak stan are the same
as those a ab e on res ent om an es other than ub an bank ng om an es
e or ta ear or ta ear an or ta ear onwar s
a at the rate o s e e on the trans er o rofits to the hea o fi e w th an
e e t on or om an es engage n the o an gas e orat on an ro u t on bus ness
a ments to a bran h n ak stan o a non res ent are sub e t to e u t on o ta

at sour e on the same bas s as a res ent n the ase o sa e o goo s ren er ng o
ro ess ona ser es an e e ut on o ontra ts n other r umstan es a re u e
ert fi ate an be obta ne rom the omm ss oner o n ome a
ak stan has s gne agreements or a o an e o oub e ta at on w th o er ountr es

ak stan
n ome determination
n entory aluation
n entor es are to be state at the ower o ost or market he first n first out
an a erage metho s are a e te on orm t o metho s use or book an ta
re ort ng s es rab e an the metho use shou be ons stent a e
apital gains
a ta ga n on the sa e o mmo ab e ro ert on wh h e re at on s not a owe s
ta e at the rate o s ose o w th n one ear an s ose o w th n two
ears owe er the retent on er o s more than two ears the ga n s not ta ab e
a n on the s osa o shares o a res ent om an or a non res ent om an whose

assets who or r n a ons st o mmo ab e ro ert s tuate n ak stan or r ghts
to e ore e o t natura resour es n ak stan sha be ak stan sour e n ome
a rates on a ta ga ns on the sa e o shares o ub om an es or modaraba rofit

shar ng ert fi ates are e em t rom ta he or a er o o more than months or
ta ear onwar s a ta ga ns on shares an modaraba are ta ab e at he
or ess than months an more than months ta ab e at he or ess than
months an more than months an ta ab e at he or ess than months
a ta ga n other than on statutor e re ab e assets rea se w th n one ear o

a u s t on s u ta e a ter one ear o su h ga ns are ta e an are
e em t
a ta ga ns on statutor e re ab e assets other than mmo ab e ro ert are

hargeab e to ta as norma bus ness n ome n the ear o sa e he are measure as
the eren e between the sa e ro ee s an the ta wr tten own a ue o the re e ant
asset so
n the ase o an asset s osa transa t on that s on a non arm s ength bas s a r
market a ue o the asset sha be taken to be the ons erat on re e e b the se er as
we as the ost or the bu er
here assets are trans erre outs e ak stan the or g na ost s treate as the sa e
r e wh h means that the ent re e re at on s re a ture at the t me o e ort
e e t the assets are use n o or gas e orat on n wh h ase on the n t a
e re at on s re a ture
o ga n or oss sha be taken to ar se on s osa o an asset b a res ent om an to

another res ent om an ro e erta n on t ons are met he re u re on t ons
n u e i a ia that the trans eror s owne b the trans eree or i sa or
both om an es are owne b a th r om an an the trans eree n ome s not
e em t n the ear o trans er he s heme o arrangement s a ro e b the e ur t es
an hange omm ss on o ak stan or tate ank o ak stan
n str but on to the shareho ers o a om an to the e tent that t re ates to

un str bute rofits s treate as a en
a ta oss an be o set on aga nst a ta ga ns nabsorbe a ta oss an be

arr e orwar or a ustment aga nst a ta ga ns or s ears
i idend in ome
en n ome s sub e t to o or a ower ta treat rate he rate s
or ersons re e ng en n ome but not fi ng n ome ta returns non fi ers

ak stan
he e u t on at sour e sha be the u an fina s harge o ta ab t on en

n ome e e t or non fi ers who an a m a re un o u on fi ng o an n ome ta
return.
Stock dividends
to k en s e are b res ent om an es are ta ab e as bonus shares at the rate
o
nterest in ome
nterest earne b a om an s ta e as ts n ome rom other sour es nterest earne
b a non res ent om an w thout a n ak stan attra ts at the rate o
e e t where a ower rate s ro e n the re ate wh h s a so the fina ta on
such income.
n ome rom royalties and ees or te ni al ser i es TS

o a t es re e e b non res ents are eeme to a rue or ar se n ak stan an are
ta ab e a b a res ent n ak stan or borne b a o a non res ent n ak stan
n ome rom ees or te hn a ser es s eeme to a rue or ar se n ak stan

a b a res ent n ak stan or borne b a o a non res ent n ak stan means
an ons erat on or the ren er ng o an manager a te hn a or onsu tan ser es
n u ng the ro s on o the ser es o te hn a or other ersonne but oes not
n u e ons erat on or an onstru t on assemb or ke ro e t un ertaken b the
re ent or ons erat on that wou be n ome o the re ent hargeab e un er the
hea sa ar

ab t es a owe as a ta e u t on n a ta ear an rema n ng un a or three
subse uent ears are eeme to be n ome n the first ta ear o ow ng the sa three
ears u h tems are then a owe as a e u t on n the ear the ab t s s harge
gr u tura n ome s e em t rom n ome ta
oreign in ome
res ent om an s ta e on ts wor w e n ome an on ts ore gn n ome as P
earne oub e ta at on o ore gn n ome s a o e b means o ore gn ta re ts
th s re e s a owe to the res ent om an on the oub ta e n ome at the ower o
the ak stan or ore gn ta rate n str bute n ome o a non res ent subs ar s not
sub e t to ta
ore gn oss an on be o set aga nst ore gn n ome an an be arr e orwar or s

years.
odaraba
Modaraba rofit shar ng s a finan ng eh e that enab es a management om an to
ontro an manage the bus ness o a modaraba om an w th a m n mum o e ut
art at on he management om an s ent t e to remunerat on base on an agree
er entage but not e ee ng o annua rofits o the modaraba business. A
modaraba an be or a s e fi ur ose or man ur oses an or a m te or un m te
er o he n ome o a modaraba not re at ng to tra ng a t t s ree rom ta
o ts rofits are str bute as ash en
edu tions
epre iation
orma e re at on s a owe at the o ow ng res r be rates b a ng the
re u ng ba an e metho

ak stan
Assets Depreciation rate (%)

Buildings 10
Furniture 15
Machinery and equipment, including motor vehicles and ships 15
Computer hardware, including monitors and printers 30
Aircraft and aero engines 30
Below-ground installations in mineral oil concerns 100
Offshore platform 20
e re ab e assets ut nto ser e or the first t me n ak stan ur ng a ta ear

other than roa trans ort eh es not ng or h re urn ture n u ng fi tures
ant an ma h ner use re ous n ak stan or ant an ma h ner or wh h
a e u t on has been a owe un er another se t on o th s or nan e or the ent re
ost o the asset sha be ent t e to an n t a a owan e at o the ost o the asset
e e t or bu ngs or wh h the rate s
ook e re at on nee not on orm to ta e re at on nabsorbe ta e re at on

not set o aga nst the n ome o the ear s arr e orwar an a e to e re at on
o the assets o the same bus ness n the o ow ng ear a e re at on an be arr e
orwar w thout m t unt u absorbe
mortisation o intangibles
he ost n urre on a u s t on o a atent n ent on es gn or mo e se ret ormu a
or ro ess o r ght so tware uota en e nte e tua ro ert or other ke
ro ert or r ght an an e en ture that ro es an a antage or benefit or a er o
o more than one ear s a owe as a e u t on on a stra ght ne bas s o er the use u
e o the asset but not e ee ng a er o o ten ears
n a ment ma e aga nst a u s t on o goo w w a so be amort se un er these

ro s ons

en ture n urre be ore the ommen ement o a bus ness who an e us e to
er e n ome hargeab e to ta an be e u te o er a er o o fi e ears
nterest expense
nterest e ense s a owe as an e ense re u re s e u te an e os te n
the go ernment treasur
Bad debt
a ebts are a owe as e u t b e e en ture the o ow ng on t ons are sat sfie
• ebts are n u e re ous n the n ome hargeab e to ta

• ebts are wr tten o n the finan a statements
• here are reasonab e groun s or be e ng that the ebt s rre o erab e
a ia ai s i i a i sa i i ss i
ines and penalties

nes or ena t es that are not a or a ab e or the o at on o an aw ru e or
regu at on are a owab e as ta e u t b e e enses
Taxes
a es on n ome are not e u t b e a es ta an e se ta are ta e u t b e
where these are to be absorbe b the bus ness otherw se these are asse on to the
consumer.
ak stan

en ture on s ent fi resear h n urre n ak stan who an e us e or the
ur ose o er ng n ome hargeab e to ta s an a owab e e en ture
hange ga ns an oss on ore gn urren oans s e fi a obta ne or a u r ng an

asset are a uste aga nst the e re ab e ost o the asset
n ease renta n urre b a erson n the ta ear to a s he u e bank finan a

nst tut on a ro e modaraba or a ro e eas ng om an sha be a e u t b e
e ense owe er finan a harges a or the abo e ment one eases are a e ba k
nto the ta ab e n ome o the om an
et operating losses
erat ng osses ma be arr e orwar an set o aga nst the rofits o the su ee ng
s ears o the same bus ness n wh h the osses were n urre nabsorbe
e re at on an be arr e orwar n efin te
arr e orwar osses o an ent t n the ase o grou re e annot be ut se the

ownersh o the ho ng om an s re u e to ess than an one o the
om an es s a ste om an or none o the om an es s a ste om an res e t e
us ness osses an be arr e orwar u to a er o o s ears n the ase o the

ama gamat on o two om an es w th the on t on that the same bus ness s ont nue
or a m n mum er o o fi e ears
he arr ng ba k o osses s not erm tte

he e u t b t o a hea o fi e e en ture o a non res ent ta a er s m te to the
same ro ort on o tota hea o fi e e en ture as the ak stan turno er has w th the
tota wor turno er owe er su h omest ru es are o err en the bran h s a ta
res ent o a ountr ha ng an agreement or a o an e o oub e ta at on treat an
that treat ro es a erent bas s
P
roup taxation
o a n or orate ho ng om an an subs ar o a owne grou ma be
ta e as one grou b g ng an rre o ab e o t on or ta at on as one fis a un t he
re e s not a a ab e or osses r or to ormat on o the grou he grou s a a ab e
the om an es are es gnate as ent t e to a a grou re e b the e ur t es an
hange omm ss on o ak stan
n om an that s the subs ar o a ho ng om an ma surren er ts oss or

the ear to ts ho ng om an or ts subs ar or between another subs ar o the
ho ng om an ro e that the ho ng om an re t ho s or more a ta
o the subs ar one o the om an es s a ste om an owe er none o the
om an es s a ste om an the ho ng re u rement s or more he oss an be
surren ere or a ma mum o three ears an the re u re ho ng s or at east fi e
years.
Trans er pri ing

he ta author t es ha e the ower n res e t o a transa t on between asso ates to
str bute a ort on or a o ate n ome e u t ons or ta re ts between su h
asso ates to re e t the n ome that wou ha e been rea se n an arm s ength
transaction.

ak stan
T in apitalisation
here a ore gn ontro e res ent om an other than a finan a nst tut on or a
bank ng om an or a bran h o a ore gn om an o erat ng n ak stan has a ore gn
ebt to ore gn e u t rat o n e ess o at an t me ur ng a ear a e u t on sha
be sa owe or the rofit on ebt nterest a b the om an n that ear on that
art o the ebt that e ee s the rat o

isi i a i iai s s is i a i a isa i
a

n re e rom ak stan n ome ta that s ro e n an other aw an not ro e
or n the n ome a r nan e or a treat s not a
Tax exemptions
rofits an ga ns er e rom an e e tr ower generat on ro e t set u n ak stan are
e em t rom ta
rofits an ga ns er e b a om an rom the e ort o om uter so tware

n ormat on te hno og ser es or enab e ser es are e em t rom ta
through une
rofits an ga ns rom so ar an w n energ ant an e u ment manu a tur ng are

e em t rom ta or fi e ears set u b e ember
rofit an ga ns rom agr u tura o ha n an warehous ng are e em t rom ta or

three ears set u between u an une
rofits an ga ns rom ha a meat ro u t on are e em t rom ta or a er o o our

ears set u between u an une
rofits an ga ns rom new manu a tur ng un ts set u n h ber akhtunkhwa an

a o h stan are e em t rom ta or fi e ears set u between u an une
rofits an ga ns rom e e tr t transm ss on ro e ts are e em t rom ta or ten ears

set u between u an une
rofits an ga ns rom manu a tur ng o e u ar hones are e em t rom ta or fi e

ears bus ness ommen e between u an une
Small ompanies
t t es o sma om an es are en ourage w th a re u e n ome ta rate o
sma om an has been efine to mean a om an that
• s reg stere on or a ter u un er the om an es r nan e

• has a a u a ta us un str bute reser es not e ee ng m on
• has an annua turno er not e ee ng m on an
• s not orme b s tt ng u or the re onst tut on o bus ness a rea n e sten e
aritable donations redit

om an es are a owe a ta re t e u a ent to o the r ta ab e n ome n res e t
o onat ons to

ak stan
• an boar o e u at on or un ers t n ak stan estab she b or un er e era or

ro n a aw
• an e u at ona nst tut on hos ta or re e un estab she or run n ak stan b
e era go ernment ro n a go ernment or o a go ernment an
• an non rofit organ sat on
oreign tax redit

here a res ent ta a er er es ore gn sour e n ome on wh h ore gn n ome ta
s a w th n two ears rom the ear n wh h t s er e the ta a er s a owe a
ta re t e ua to the ower o the ore gn n ome ta a or the ak stan ta
a ab e n res e t o that n ome owe er ore gn ta a s not re un ab e
Wit olding taxes

on a ments o ro a t an when ro a t or s not attr butab e to a
n ak stan s or a ower treat rate o ro a t or gross ees he ta w thhe s
eeme to be the fina ta ab t o the non res ent n the ase o a non res ent
where ro a t or s attr butab e to a n ak stan the amount o ro a t sha
be hargeab e to ta as norma n ome an w thho ng on a ments an be a o e
sub e t to a ro a o the omm ss oner a re u e rate s a a ab e n a ta treat
su h rate wou be a ab e
es ent or orat ons mak ng erta n t es o a ments must w thho ta as o ows
Recipient (1, 2, 3) Dividends (%) Interest (%) Royalties (%)

Resident individuals 12.5 10 N/A
Resident corporations 12.5 10 0
Non-resident individuals:
Non-treaty 12.5 (9) 10 15
Treaty 12.5 (9) (4) (4)
P
Non-resident corporations:
Non-treaty 12.5 10 15
Treaty: (5) (6)
Austria 10/15 (10) 15 10
Azerbaijan 10 10 10
Bahrain 10 10 10
Bangladesh 15 15 15
Belarus 10/15 (10) 10 15
Belgium 10 (11)/15 15 15/20 (12)
Bosnia and Herzegovina 10 20 15
Canada 10/15 (11)/20 (10) 25 15/20 (12)
China 10 10 12.5
Denmark 10/15 (10) 15 12
Egypt 10/15 (13)/30 (10) 15 15
Finland 12/15 (13)/20 (10) 10 (14)/15 10
France 10/15 (10) 10 10
Germany 10/15 (10) 10 (14)/20 10
Hungary 10/15/20 (10) 15 15
Indonesia 10/15 (10) 15 15
Iran 5 10 10

ak stan
Recipient (1, 2, 3) Dividends (%) Interest (%) Royalties (%)

Ireland, Republic of 10 (7) (8)
Italy 15/25 (10) 30 30
Japan 5/7.5/10 (10) 10 10
Jordan 10 10 10
Kazakhstan 10/12.5/15 (10) 12.5 15
Korea, Republic of 10/12.5 (10) 12.5 10
Kuwait 10 0/10 10
Lebanon 10 10 7.5
Libya (7) (7) (7)
Malaysia 10/15 (11)/20 (10) 15 15
Malta 10/15 (10) 10 10
Mauritius 10 10 12.5
Morocco 10 10 10
Netherlands 10/20 (10) 10 (14)/15/20 (10) 5/15 (17)
Nigeria 10/12.5/15 (10) 15 15
Norway 10/15 (10) 10 12
Oman 10/12.5 (10) 10 12.5
Philippines 10/15/25 (10) 15 15 (15)/25
Poland 15 (7) 15/20 (12)
Portugal 10/15 (10) 10 10
Qatar 5/10 (10) 10 10
Romania 10 10 12.5
Saudi Arabia 5 (16)/10 10 10
Singapore 10 (11)/12.5 (13)/15 12.5 10
South Africa 10/15 (10) 10 10
Sri Lanka 10/15 (10) 10 20
Sweden 10/15 (10) 15 10
Switzerland 10/20 (10) 10 10
Syria 10 10 10/15/18 (18)
Tajikistan 5/10 (10) 10 10
Thailand 10/15/25 (10) 10 (14)/25 10/20 (19)
Tunisia 10 13 10
Turkey 10/15 (10) 10 10
Turkmenistan 10 10 10
United Kingdom 10/15 (13)/20 (10) 15 12.5
United States 8.75 (7) (8)
Uzbekistan 10 10 15
Vietnam 10/15 (10) 15 15
Yemen 10 10 10
Notes
1. This table is a summary only and does not reproduce all the provisions that may be relevant in
determining the application of WHT in each tax treaty.
2. Resident and non-resident imply tax status.
3. Individuals and companies are required to render annual returns of income and pay tax at the
applicable rates. Credit is given for WHT deducted.
4. WHT rates for interest and royalties given to non-resident corporations (treaty countries) also apply to
non-resident individuals.
5. The following remarks for dividends should be noted:
• The inter-corporate rate of tax on dividends received by a foreign corporation is 12.5%;
corres onding treat rates in e cess of 12. have been s ecified.
• The rates given in the table for treaty countries relate to recipient corporations. The maximum
rate, as stated above, in respect of inter-corporate dividends is 12.5%. The lower rates are

ak stan
expressly provided in respect of dividends paid to a parent/associated corporation that has a

certain minimum holding in a Pakistan industrial undertaking. The level of holding are noted:
• Japan: 25% and 50%.
• United States: 50%.
6. Certain treaties provide for tax exemption of interest paid to the government or the central bank of
the contracting state and on foreign loans s ecificall a roved b the federal government.
7. No concession is provided under the treaty.
8. Royalties are exempt from tax, provided the recipient does not have a PE in Pakistan.
9. Inter-corporate dividend where companies are entitled to group relief is exempt.
10. WHT rate depends on percentage of holding in the company.
11. This rate applies if the paying company is engaged in the industrial undertaking.
12. Consideration for technical know how or information concerning ind strial, commercial, or scientific
experience.
13. his rate a lies if the beneficial owner is a com an .
14. his rate a lies if the beneficial owner is a bank.
15. This rate applies if the paying company operates in preferred areas.
16. This rate applies if the company is owned by the government.
17. is a licable for ro alties a able for co right of a literar , artistic, or scientific work, b t
e cl ding cinematogra h films and ta es for television or broadcasting. All other ro alties are ta able
at 15%.
18. 18% is applicable for royalties payable for patent, trademark, design or model, plan, secret formula,
or rocess of an ind strial or scientific e i ment, or for information concerning ind strial and
scientific e erience 1 for co right of literar , artistic, or scientific work and 10 for co right
of cinematogra h films or ta es for television or radio broadcasting.
19. 10 is a licable for ro alties a able for co right of literar , artistic, and scientific work. All other
royalties are taxable at 20%.
Tax administration
Taxable period
he ta ear s u through une owe er ta author t es are em owere to
a ro e a s e a ear en
Tax returns
om an es are re u re to fi e an n ome ta return ea h ear b e ember or the
re e ng finan a ear u through une b a ount ng or bus ness n ome on
an a rua bas s the s e a ear grante b the ta author t es en s on e ember
then the ta return s re u re to be fi e b e tember o ow ng the ear en
n a ross the boar se assessment s heme s n a e whereb assessment s taken

to be fina se u on fi ng o the return he omm ss oner howe er has owers to P
amen the assessment t s be e e that the or nan e has been n orre t a e
or there s efin te n ormat on that the assessment ma e s n orre t hese owers
are to be e er se w th n a res r be t me rame n the ase o transa t ons between
asso ates the omm ss oner an subst tute the transa t on a ue w th the a r market
ons erat on he omm ss oner s a so em owere to eterm ne ta ab t a or ng
to the substan e o the transa t on sregar ng orma arrangements between the
art es
ayment o tax
om an es are re u re to a a an e ta on the bas s o ta ab t o the
mme ate re e ng ta ear n res e t o the r n ome e u ng a ta ga ns an
resum t e n ome he a an e ta s to be a a ter a ust ng the ta es w thhe at
sour e other than the ta w thhe re at ng to fina ta reg me
an e ta s re u re to be a n our uarter nsta ments on or be ore

e tember e ember ar h an une n ea h finan a ear re t or ta
a n a ta ear sha be a owe aga nst ta ab t o that ear
he tota ta ab t s to be s harge at the t me o fi ng the return o n ome
an e ta es an ta es w thhe are a ustab e aga nst the ta a ab e w th the return

o n ome

ak stan
Tax audit pro ess

he e era oar o e enue s author se to res r be r ter a or se e t on o au t
o ta a ers who ha e fi e the r returns or a ta ear ase on su h r ter a ases
are se e te through om uter ba ot se arate or n ome ta sa es ta an e era
e se ut he returns are e am ne b ta author t es an re ate o uments an
n ormat on are re u s t one how ause not es are then ra se an on re e t o
e anat ons rom ta a ers n ome or oss s assesse n ase o sagreement w th
assessments the ta a er has the r ght to ag tate the ssues be ore a e ate orums
n au t o the ta return fi e b a ta a er an be on u te b the ta author t es
w th n fi e ears o the en o the finan a ear n wh h the return s fi e
d an e rulings
non res ent not o erat ng n ak stan through a an a to the e era oar
o e enue to ssue an a an e ru ng sett ng out the oar s os t on regar ng
a at on o the ro s ons o the n ome a r nan e to a transa t on ro ose or
entere nto b the ta a er he ta ru ng on e ssue s b n ng on ta author t es
Topi s o o us o tax aut orities

a author t es o us on the o ow ng ssues
•
• rans er r ng
• e at onsh o e en ture w th the bus ness o the ta a er
• an e ta
• a ment o ta ues w th n the t me res r be
• u t o returns fi e
• om an e b ta a ers
• o e t on o arrears
t er issues
Spe ial rules
e a ru es are a ab e or om utat on o n ome rom e orat on an ro u t on
o etro eum m nera e os ts nsuran e bus ness an bank ng bus ness
nited States S oreign ount Tax omplian e t T

ak stan s un er a t e negot at on w th the n te tates or e e ut ng an agreement
or om an e w th howe er banks an other ent t es a e te b are
re u re to reg ster w th the nterna e enue er e

Papua New Guinea
PwC contact
Jason Ellis
PwC Haus, Level 6
Harbour City, Konedobu
Port Moresby, NCD 121
Papua New Guinea
Tel: +675 321 1500
Email: jason.b.ellis@pg.pwc.com

The 2016 National Budget was handed down on 3 November 2015. The budget
contained no material changes to the tax regime, as most of the amendments were
technical in nature.

Papua New Guinea (PNG) resident companies are liable for income tax on their
worldwide income. Companies that are not resident in Papua New Guinea are only
required to remit tax on income sourced in Papua New Guinea. A non-resident’s PNG-
sourced passive income, including dividends, interest, and royalties, is generally only
subject to withholding tax (WHT). It is ordinarily the case that the payer of the dividend,
interest, or royalty must withhold the relevant amount of the tax and remit this to PNG’s
Internal Revenue Commission (IRC).
a ua ew u nea e es or orate n ome ta on om an es on a at rate bas s

The operations of a company, rather than the company’s taxable income level, will
dictate the rate applied to the company’s taxable income.
enera tra ng rofits an other n ome e e t n ome that s s e fi a e em t

of resident companies in Papua New Guinea are assessed tax at a rate of 30%, whereas
non-resident companies operating in Papua New Guinea are assessed tax at a rate of
48%. There are, however, different tax rates for income derived from mining, petroleum,
and gas operations.
e fi a tra ng rofits an other n ome rom o erat ons n a ua ew u nea are

liable for CIT at the following rates:
Source of income CIT rate (%)

Income other than income from mining, petroleum, or gas operations:
Resident company 30
Income from petroleum operations: *
Existing projects 50
New projects 45
Incentive rate projects 30
Income from mining operations:
Resident company 30
Income from gas operations * 30
* The same rates of CIT apply to income from the petroleum operations listed above or gas
o erations derived b a resident or non resident com an .
278 Papua New Guinea PwC Worldwide Tax Summaries

Papua New Guinea
erseas s ippers
Income derived by overseas shippers or charterers carrying passengers, livestock, mail,
or goods out of Papua New Guinea is taxable in Papua New Guinea. The tax is calculated
on a deemed taxable income equal to 5% of the gross income, which is taxable at the
non-resident rate of 48% in the case of companies. The IRC may exempt the overseas
shipper from tax if the shipper’s home country exempts PNG shippers from a similar tax.
o al in ome taxes
There are no local income taxes in Papua New Guinea.
orporate residen e
A company will be deemed a resident for CIT purposes if it meets either the (i)
incorporation test or (ii) the management and control test.
n orporation test
A company incorporated in Papua New Guinea is automatically regarded as a PNG tax
resident. However, the operation of the law of another country and a relevant double
taxation treaty (DTT) may result in a company also being treated as resident in another
country.
anagement and ontrol test

A company is a PNG tax resident if it is managed and controlled in Papua New Guinea,
regardless of where it is incorporated. Generally, a company is managed and controlled
in Papua New Guinea if key decisions affecting the company are made at directors’
meetings held in Papua New Guinea. This also includes a company incorporated outside
Papua New Guinea that trades in Papua New Guinea and has its voting power controlled
by resident shareholders.
ual residen e
An entity may be a tax resident of both Papua New Guinea and another country by
application of domestic legislation. A DTT entered into between Papua New Guinea and
another country may contain a tiebreaker test to determine the country of residence for
the purposes of the DTT. P
he on e t o ermanent estab shment has m te s gn fi an e n the omest
ta at on aw o a ua ew u nea an s efine to mean a a e at or through wh h
a person carries on any business. Under domestic taxation law, Papua New Guinea will
seek to tax the PNG-sourced income of a non-resident irrespective of whether or not that
income is derived at or through a PE in Papua New Guinea.
Where PNG has entered into a DTT, the concept of PE becomes more important as it will
then be one of the factors determining Papua New Guinea’s taxing rights over income
sour e n a ua ew u nea art u ar w th res e t to the bus ness rofits o a non
resident company. In general terms, Papua New Guinea’s DTTs:
• efine a to be a fi e a e at or through wh h the bus ness o an enter r se s

wholly or partly carried on, and
• deem a PE to exist in various circumstances, including those relating to the presence
of substantial equipment in the contracting state and the time spent by personnel of
an enterprise furnishing services in a contracting state.
www. wc.com/ta s mmaries Papua New Guinea 279

Papua New Guinea
t er taxes
The GST rate is 10% and applies to most goods and services supplied in Papua New
Guinea. Exported goods and services attract a zero rate of GST. Goods and services,
other than motor cars, supplied to mining, petroleum, or gas companies are also
zero-rated. Some goods and services are exempt, including medical, educational, and
finan a ser es an s e u e rom but bu ngs an other m ro ements are
subject to the tax.
An import GST deferral scheme was introduced in the 2015 National Budget and is
effective from 1 January 2016. While no formal guidance on its administration has been
issued, we understand taxpayers will need to have a good history of tax compliance in
order to qualify.
Directors of companies that fail to comply with GST obligations are personally liable for
a penalty equal to the outstanding tax liability that the company ought to have remitted
to the IRC.
ustoms duties
The majority of manufacturing inputs (including plant and machinery) attract
no customs duties, and other customs duty rates are being progressively reduced.
The remaining rates for customs duties vary depending on the nature of the good
being imported and are assessed on the total value of the goods imported, including
cost, insurance, and freight (CIF). Customs bonds may be issued for the temporary
importation of goods that are to be re-exported within 12 months.
Ex ise taxes
Although customs duties are now minimal in many cases, some goods, most notably
motor vehicles, now attract excise tax. Private motor vehicles generally attract excise tax
at the rate of 60%, whereas work vehicles attract excise tax of 10%. Excise taxes can also
a to some omest a ro u e goo s n u ng refine ue ro u ts a oho
and tobacco. The tobacco excise tax is levied at 5% biannually (10% annually).
and tax
Land tax is imposed annually by provincial governments on the unimproved value
of the land, and the power to levy land tax is vested exclusively with the provincial
go ernments n a ua ew u nea an ta s fi u t to m ement an a es ma or
geogra h a an so a rob ems
Stamp duties
Stamp duty applies at varying rates on documents and certain transactions. Of particular
note is duty charged on the conveyance of property, which rises to a maximum of 5%
where the a ue o the ro ert be ng trans erre e ee s k na he
duty is payable by the purchaser, and a 5% duty on the unencumbered value of land may
also be payable where there is a transfer of shares in certain landholding companies.
Other dutiable transactions include share transfers (including some share buy-backs),
which are subject to a rate of 1%. The Collector of Stamp Duties has the power to amend
assessments and refund overpayments of stamp duty.
The Stamp Duties Act was amended to implement a rental income compliance system.
The amendment effectively makes it compulsory for a landlord to provide their Taxation
ent fi at on umber on ease o uments as ease o uments w not otherw se
be stamped.
Stamp duty is payable on documents executed outside Papua New Guinea that relate to
property or matters done or to be done in Papua New Guinea.

Papua New Guinea
Export duties
Timber
Export duty on timber logs (not sawn timber or plantation logs) is calculated with
reference to the freight on board (FOB) value per cubic metre of exported logs and rates
that increase as the value of the exported logs increase.
Spices
e es are m ose rom t me to t me on the e ort o s e fie s es e g an a
Salary or wages tax SWT

Businesses paying salary or wages to employees are required to withhold SWT
(calculated at the prescribed marginal rates) and remit to the IRC on the seventh day of
the month following the month of payment.
a ar or wages s efine as remunerat on a to em o ees n ash or k n n u ng

benefits su h as a ommo at on an trans ortat on
orma em o ment re ate re e ts an benefits a so n u e an remunerat on a as

consultancy fees or fees for professional services, where the remuneration is paid wholly
or substantially for personal services performed in Papua New Guinea.
Directors are personally liable for any unpaid SWT obligations of their companies.
Directors who fail to ensure their company complies with its SWT reporting obligations
may be penalised at a rate of 20% of the unpaid tax liability per annum. After three
months of non-payment of outstanding SWT, directors will not be able to obtain a
remission of penalties imposed.
ontributions to employee superannuation unds

Contributions to employee superannuation funds are compulsory for entities with 15 or
more permanent employees. The employer’s compulsory contribution is 8.4% of each
employee’s gross basic salary. The employee’s minimum contribution is 6.0%.
Membership is generally compulsory for citizens. Non-citizens are currently exempt;

howe er th s s un er ont nu ng re ew P
Contributions must be paid to an authorised superannuation fund. Contributions paid
to an authorised fund are tax-deductible to the extent that they do not exceed 15% of
the relevant employee’s gross taxable salary. Contributions to non-resident funds are not
tax-deductible.
Training le y
All businesses whose annual payroll exceeds PGK 200,000 are subject to a 2% training
e a u ate on the sum o the ta ab e sa ar es n u ng benefits o a ersonne
Qualifying expenses incurred in training PNG citizen employees are creditable up to the
actual amount of the levy. The training levy, if payable, is not tax-deductible.
eparture tax
A departure tax is collected by airlines issuing tickets for persons departing Papua New
Guinea.
aming ma ine tax

Papua New Guinea imposes a 74% tax on gross revenue from gaming machines.
esour e pro e t produ tion le ies

Production royalties of 2% are payable to the national government on the net smelter
return from mining operations. These royalties are tax-deductible. A royalty, at the
rate of 2% of the wellhead value, is also payable from the production of petroleum and

Papua New Guinea
gas operations. Holders of new petroleum development licences are entitled to treat
royalties as income tax paid. However, new petroleum projects will also pay a tax-
deductible development levy calculated at the same rate of 2% of the wellhead value.
Mining projects are also required to pay a production levy to the Mineral Resources
Authority calculated at a rate between 0.25% and 0.5% of the assessable income
rom ro u t on
Bran in ome
Income derived by a non-resident contractor for services in Papua New Guinea is usually
subject to a WHT at the rate of 12% of gross income. This amount is calculated on
deemed taxable income of 25% of the gross contract income, which is taxed at the non-
resident tax rate of 48% (subject to tax treaties). The provisions extend to payments for
the following:
• The installation, maintenance, and use in Papua New Guinea of substantial

e u ment or ma h ner
• Construction projects.
• or the ease or harter o an n ustr a ommer a or s ent fi e u ment or an
machinery or vehicle.
• Consultancy or management services.
Where the non-resident contractor rules do not apply, the non-resident company will
be subject to income tax at the non-resident tax rate of 48% on its PNG-sourced taxable
income (s i ai s i a ii a a i ).
bran h rem ttan es are not ab e or en s or an bran h rofits or

similar tax.
n ome determination
a ab e n ome s efine as the sum o assessab e n ome m nus a owab e e u t ons
n ra t e rofits are a u ate or ta ur oses b re eren e to the rofits re orte n
the finan a a ounts ounts must be re are n a or an e w th a ount ng
rn es wh h o ow the nternat ona nan a e ort ng tan ar s
n entory aluation
There is no form of stock relief or trading stock valuation adjustment to recognise
the e e ts o n at on n a ua ew u nea here s a on e on o t on to a o t the
lowest of the cost amount, the market selling value, or the replacement value (which,
in practice, may mean that book and tax valuations for trading stock are not aligned).
Where the option is not exercised, the value of the stock is deemed to be the cost price;
however, neither the income tax law nor the associated regulations provide detailed
guidance on what constitutes ‘cost price’ (the Commissioner General of Internal
Revenue has not produced any related guidance to date). It will generally be the case
that where a taxpayer has determined a cost price in accordance with IFRS that cost
price will also be accepted for income tax purposes.
In special circumstances, the Commissioner General of Internal Revenue may accept a

ower a uat on
apital gains
here s no genera a ta ga ns ta n a ua ew u nea owe er rofits ar s ng on
the sa e o ro ert a u re or the ur ose o resa e at a rofit or rom the arr ng
out o a rofit mak ng s heme are ta ab e as or nar n ome

Papua New Guinea
i idend in ome
Unless otherwise exempt from CIT, dividends are included in the assessable income of a
shareholder.
Dividends received by a resident company from other companies, whether resident or
non-resident, while being assessable to tax, are generally subject to a full tax rebate
and are effectively received tax-free. However, where a company has losses on other
activities or losses carried over from earlier years, those losses are applied against
dividend income before the calculation of the dividend rebate.
Stock dividends
In most cases, the payment of a dividend by way of the issue of shares is subject to the
same taxation treatment as the payment of a dividend by way of cash or the distribution
of other property. However, dividends paid by the issue of shares wholly and exclusively
out o rofits ar s ng rom the sa e or re a uat on o assets not a u re or the ur ose
o resa e at a rofit are e em t rom n ome ta an en s
nterest in ome
n ess e em t un er s e fi ro s ons nterest a or re te b a finan a
institution, the Central Bank, or a company to a person resident in Papua New Guinea is
includable in income, and the person making the payment of or crediting interest in the
account is liable to withhold and pay tax upon the amount.
artners ip in ome
A partner’s share of the assessable income of the partnership less all allowable
deductions to the partnership is includable in the partner’s assessable income for the
year of income. Likewise, the partner’s individual interest in a partnership loss incurred
in the year of income is an allowable deduction. Further, if income is exempt income to
the partnership, this income will be exempt income to the individual partner relative to
their individual interest.

Generally, foreign exchange gains realised and derived from debts made on or after 11
November 1986 or denominated in a currency other than the Papua New Guinea kina P
are included in assessable income.
oreign in ome
PNG resident companies are liable for CIT on their income from all sources (i.e.
including foreign-sourced income). A foreign tax credit may be available to offset foreign
tax paid against PNG tax payable (s a i sa i i ss i
i a i ).
There are no provisions in Papua New Guinea that permit the deferral of the taxation of
income derived outside Papua New Guinea. Subject to the operation of a DTT, foreign-
sourced income derived by a resident of Papua New Guinea is subject to tax in Papua
New Guinea in the year in which it is derived, irrespective of whether or not that income
is repatriated to Papua New Guinea.
edu tions
General deduction provisions provide that all losses and expenditures, to the extent
incurred in gaining or producing the assessable income or necessarily incurred in
carrying on a business for the purpose of gaining or producing that income, are
allowable deductions. However, the general deduction provisions do not allow a
deduction to the extent a loss or expenditure is an outgoing of capital, or of a capital,

Papua New Guinea
private, or domestic nature, or incurred in relation to the gaining or production of

exempt income.
epre iation
Depreciation is allowed for equipment and other assets at prescribed rates. A taxpayer
must use the diminishing-value method unless an election is made to use the prime-cost
method. The applicable diminishing-value rates are 150% of the prime-cost rates.
Plant, machinery, and equipment

Plant, machinery, and equipment (including buildings) are depreciable at rates
according to their estimated lives. A taxpayer other than a taxpayer who derives income
from mining, petroleum, or gas operations may elect to claim special accelerated
e re at on rates or erta n a ta tems or e am e e b e e re at on rates u
to ma be a me on new n ustr a ant w th a e e ee ng fi e ears that s
used for manufacturing purposes. Other new plant and articles used in manufacturing,
construction, transport, storage, communication, and agricultural production are
eligible for an accelerated deduction equal to 20% of cost in the year of purchase. New
plant and articles used for tourism are eligible for an accelerated deduction equal to 55%
of cost in the year of purchase.
Motor vehicles
Motor vehicles are generally depreciable at 20% of prime cost. There is no upper limit in
value for depreciation purposes.
Buildings
Buildings forming an integral part of plant, machinery, and equipment are depreciable
at a prime-cost rate of up to 7.5%, depending on the construction materials. Buildings
housing plants eligible for the one-year write-off deduction (s s
i s ia a a a i a i a ) can be written off in the
year of construction. Other income producing buildings may qualify for the accelerated
e u t on o n the ear o ur hase
Agricultural and shing plants

ost tems o new agr u tura an ommer a fish ng ants ua or
depreciation, as do boats and ships, including ancillary equipment, used solely as dive
boats or for scuba diving by accredited tour operators. Other new items having a life
e ee ng fi e ears use b a erson arr ng on agr u tura o erat ons are e g b e or
accelerated depreciation in the initial year of use.
oodwill
A deduction is not available for goodwill or the amortisation of goodwill in Papua New
Guinea (this being an amount not deductible under ordinary concepts and an item for
wh h there s no s e fi e u t on ro s on
Start up expenses
It will generally be the case that start-up expenses will not be deductible in Papua New
Guinea. Such expenses are generally either capital, or of a capital nature, or incurred
r or to the er at on o assessab e n ome here s no s e fi e u t on ro s on or
the deductibility of start-up expenses.
nterest expenses
A deduction is generally available for interest incurred on an arm’s-length basis, subject
to meet ng the genera r n es or e u t b t an the re u rements un er the th n
capitalisation rules (s i a i a isa i i a a i s i ). Where interest
is incurred in connection with the construction or acquisition of a plant or capital asset,
that interest is not immediately deductible. Rather, such interest is deemed to form part
of the cost of that asset (and in the case of a plant will then form part of the base from
which future depreciation deductions may be claimed).

Papua New Guinea
Bad debt
Bad debts are deductible if they have previously been included in assessable income and
written off by year end or if the bad debt was in respect of money lent in the ordinary
course of the taxpayer’s business of money lending.
ouble dedu tions

An additional amount equal to the actual amount of expenditure incurred is deductible
in respect of certain expenditures (e.g. export market development costs, some staff
training costs, certain donations). In other words, a ‘double deduction’ is available with
respect to these items.
Donations
It is considered that donations made by a corporate taxpayer meet the general principles
or e u t b t an hen e w genera be e u t b e notw thstan ng the s e fi
provision dealing with gifts to charitable bodies has no current effect as there are no
charitable bodies approved by the Commissioner General of Internal Revenue for this
ur ose here are s e fi ro s ons n a ua ew u nea s ta at on aw ea ng
with the deductibility of certain donations, some of which provide a deduction for up to
200% of the value of the amount donated.
ension expenses
Contributions paid to an authorised superannuation fund are tax-deductible to the
extent that they do not exceed 15% of the relevant employee’s gross taxable salary.
Contributions to non-resident funds are not tax-deductible. a ss i
i ai .
ines and penalties

here are no s e fi ro s ons en ng a e u t on or fines or ena t es n a ua ew
u nea ta at on aw howe er arguab fines an ena t es ma not meet the genera
principles for deductibility, and their deductibility needs to be considered on a case-by-
case basis.
Taxes
A deduction is not allowable in respect of payments of income tax or training levy. Other
ta es ma be e u t b e sub e t to meet ng the genera r n es or e u t b t P
et operating losses
Domestic
Trading losses may be offset against all income received in the same accounting period
or arr e orwar an o set aga nst uture tra ng rofits he m tat on er o on
the carryforward of losses is generally 20 years. Losses may not be carried back against
r or ears rofits r mar ro u t on osses an resour e ro e t osses ma be arr e
forward without a time limitation, although, again, they may not be carried back (see
a i sa i i ss i i a i ).
Note that the carryforward of losses is subject to a 50% or more continuity of

shareholding and control test, or a continuity of business test where there is a breach of
the ownersh test
Foreign
Losses incurred by a resident taxpayer from a source outside Papua New Guinea (other
than in relation to export market development) are not deductible against assessable
income derived within Papua New Guinea. In practice, overseas losses can be carried
forward and offset against overseas income for up to 20 years.

Papua New Guinea

The deduction available to a taxpayer for management fees paid to an associated person
is limited to the greater of:
• 2% of assessable income derived from PNG sources by the taxpayer or

• 2% of the total allowable deductions, excluding management fees incurred by the
taxpayer in Papua New Guinea.
The limitation applies to both resident and non-resident taxpayers. Special rules apply to
mining, petroleum, and gas companies. These limits may not apply where the recipient
of the management fee is resident in a country with which Papua New Guinea has a DTT
or where it can be demonstrated that the management fee arrangements do not have the
purposes or effect of avoiding or altering the income tax payable in Papua New Guinea.
roup taxation
Companies are assessed for CIT separately, regardless of whether they are part of a
group of associated or related companies. Losses of one company within a group cannot
be o set or ta ur oses aga nst the rofits o another om an w th n that grou
The Companies Act allows two or more companies to amalgamate and continue as one,
an ro s ons are n a e to a ow th s to o ur w thout an a erse onse uen es
Trans er pri ing

Papua New Guinea has transfer pricing provisions that require transactions with foreign
a fi ates to be on u te on an arm s ength bas s s osure o su h transa t ons s
done through an international dealings schedule (IDS). Corporate taxpayers (including
companies, superannuation funds, and unit trusts) that have transactions or dealings
w th nternat ona a fi ates that e ee n an n ome ear or ha e
aggregate oan ba an es w th nternat ona a fi ates n e ess o m on at an
time during an income year are required to prepare and lodge an IDS with their income
tax return for that year of income.
T in apitalisation
Thin capitalisation rules apply to prevent taxpayers from incurring excessive levels of
ebt e ess e gear ng the r n estments om an es are ab e to a m greater ta
e u t ons through the nterest e ense harge on su h ebt h n a ta sat on ru es
t a eature a ebt to e u t rat o that go erns the rat o b wh h om an es an
borrow rom re ate art es re at e to the r e u t n nterest harge on ebt that
exceeds this ratio will not be deductible for CIT purposes.
Papua New Guinea’s thin capitalisation rules apply a debt-to-equity ratio of 3:1 to PNG
resource companies and 2:1 to all other PNG companies.
hese ru es o not a to ense finan a nst tut ons an o not a to nterest

a un er omest ebt or non resour e om an es the rat o s brea he a
ro ort on o the nterest on ore gn ebt w be en e as a ta e u t on or resour e
companies, a proportion of interest on all debt will be denied.

Papua New Guinea does not have CFC rules.

n th s se t on we omment on the more s gn fi ant ta re ts an n ent es a a ab e
in Papua New Guinea, followed by a summary of those with more limited application.

Papua New Guinea
oreign tax redit

A foreign tax credit may be available to offset foreign tax paid against PNG tax payable.
The foreign tax credit is limited to either the foreign tax paid or the average PNG tax
payable on that foreign income, whichever is less. There is no mechanism to carry
forward excess foreign tax credits for utilisation in a subsequent year.
rimary produ tion in enti es

e n ent es that are a a ab e w th s e fi a at on to r mar ro u t on
activities include:
• Outright deductions for certain capital expenditures, including clearing, preparing,

or conserving land for agriculture; eradicating pests; providing labourers’
accommodation; and for the conservation and conveyance of water.
• A 100% deduction is available for a new plant used directly for the purposes of
agricultural production, and an initial 20% accelerated depreciation deduction is
a owe or a new ant w th a e e ee ng fi e ears
• Losses incurred in carrying on a primary production business can be carried forward
n efin te the are not restr te to the ear m t that genera a es to
company tax losses.
• gr u tura om an es ma trans er to the r shareho ers the benefit o the outr ght
tax deduction available for many types of capital expenditures. The total deduction
available to shareholders may not exceed the amounts paid on their shares.
• As part of promoting investment in primary production, a 20% tax rate is prescribed
in respect of ‘incentive rate primary production income’ derived by a company (as
opposed to the normal 30% tax rate for a resident company or 48% for a non-resident
company) for up to ten years.
gri ultural produ tion extension ser i es dedu tion

A 150% deduction is available for expenditure on services provided free of charge
to smallholder growers, including the provision of advice, training, and technical
assistance in relation to primary production to assist growers with production,
processing, packaging, and marketing issues.
n enti e rate or large s ale tourist a ommodation a ilities

A 20% tax rate applies to income derived by a taxpayer from the operation of a large- P
scale tourist accommodation facility or a substantially improved large-scale tourist
accommodation facility. The concession applies where construction of such facilities
commenced between 1 January 2007 and 31 December 2011, expenditure is 7 million
United States dollars (USD) or more, and the taxpayer is registered with the IRC. The
rate a es or ears a ter the en o the ear o n ome n wh h the ta a er first
derives income from the facility.
ouble dedu tion or sta training osts

erta n sta tra n ng osts n u ng the ost o u t me tra n ng o fi ers an tour sm
training, are eligible for a double deduction. The total tax saving is limited to 75% of the
expenditure incurred.
ouble dedu tion or export market de elopment osts

Expenditure incurred in the promotion for sale outside Papua New Guinea of goods
manufactured in Papua New Guinea or tourism promotion is eligible for double
deduction. The total tax saving cannot exceed 75% of the expenditure incurred.
Export in enti es
Prior to 1 January 2015, the net export income from the export sale of certain types
o goo s was e em t or the first our ears o n ome w th a art a e em t on n the
following three years. This exemption is not applicable from 1 January 2015 (except in
res e t o goo s that ua fie or the e em t on r or to that ate

Papua New Guinea
Tax redit or in rastru ture de elopment by agri ultural, mining,

petroleum, and gas ompanies
A tax credit is available to agricultural, mining, petroleum, gas, and certain tourism
companies that incur expenditure on a prescribed infrastructure development. In the
case of taxpayers engaged in mining, petroleum, and gas operations, the credit is limited
to 0.75% of the assessable income or the amount of tax payable for the year (in respect
of that mining, petroleum, or gas project), whichever is less. Excess expenditure over the
0.75% or tax payable may be included in the following year’s rebate claim.
Unutilised credits or excess expenditure can generally only be carried forward for two
years. In the case of taxpayers engaged in agricultural production, the credit is limited
to 1.5% of the assessable income or the amount of tax payable for the year, whichever is
less.
A prescribed infrastructure development includes a school, aid post, hospital road, and
other capital assets that have been approved as such by the Department of National
Planning and the IRC. It cannot be an expenditure required under the Mining Act or the
Oil and Gas Act.
t er tax in enti es in apua ew uinea

Other tax incentives available in Papua New Guinea include:
• Manufacturers’ wage subsidy.

• Immediate deduction for the costs of acquiring and installing solar heating plant.
• A ten-year tax exemption for qualifying new business located in prescribed remote
areas of Papua New Guinea.
• s e fi e u t on or en ronmenta rote t on an ean u osts
n enti es or petroleum, mining, and gas operations

Special incentives and rules apply to mining, petroleum, and gas exploration, extraction,
and production activities. The main aspects are as follows:
Project basis of assessment

A project basis of assessment (ring-fencing) is adopted for all resource projects. This
means losses from other operations, regardless of whether or not they are resource
related, cannot generally be offset against resource project income from a particular
ring-fenced project. However, there are some concessions to the ring-fencing principle in
respect of exploration expenditure and expenditure in respect of discontinued projects
and losses arising from site restoration costs.
In general, all costs incurred in the exploration and development phases of the project
are accumulated and amortised over the life of the project. Once production starts, an
immediate deduction is allowed for ‘normal’ operating and administration expenses.
Capital expenditure incurred after the start of production are capitalised and amortised
over the life of the project.
Rate of tax
The rates of tax in respect of income from a resource project are:
CIT rate (%)

Source of income Non-resident companies Resident companies
Mining 30 40
Petroleum:
Existing projects 50 50
New projects 45 45
Incentive rate 30 30
Gas 30 30

Papua New Guinea
Interest deductions
Interest is not deductible prior to the commencement of a resource project. Following
the issue of a resource development licence, a person carrying on a resource project
or exploration in relation to a resource project may claim a deduction against resource
income for interest on money borrowed for carrying on the relevant operations or
exploration. This is subject to a number of conditions, including the resource company
maintaining a debt-to-equity ratio of 3:1 (s i a i a isa i i a ai
s i ).
Capital allowances
Allowable exploration expenditures (AEE) are amortised over the life of the resource
project. The deduction is calculated by dividing the unamortised balance by either the
remaining life of the project or four, whichever is less. The amount of the deduction is
limited to the amount of income remaining after deducting all other deductions, other
than deductions for allowable capital expenditure. In other words, the deduction cannot
create a tax loss.
Allowable capital expenditures (ACE) are amortised over the life of the resource project.
The ACE is split into two categories: capital expenditures with an estimated effective
life of more than ten years (long-life ACE) and capital expenditures with an estimated
effective life of less than ten years (short-life ACE).
The annual deduction for long-life ACE is claimed on a straight-line basis over ten years.
Where the remaining life of the project is less than ten years, the rate at which the
deduction is allowed is calculated by referring to the remaining life of the project. For
short-life ACE, the annual deduction is calculated by dividing the unamortised balance
by either the remaining life of the project or four, whichever is less. For new mining
projects, the deductions for both long-life ACE and short-life ACE are calculated by
dividing the unamortised balance by either the remaining life of the project or four,
whichever is less.
The amount of the deduction for ACE is limited to the amount of income remaining after
deducting all other deductions. In other words, the deduction cannot create a tax loss.
P
Off-licence exploration expenditure
A major easing of the ring-fencing principle applies to taxpayers that are involved in a
producing project where the taxpayer or a related party incurs exploration expenditure
outside the area of the productive project. In this situation, the taxpayer can elect
(whether or not it is currently involved in a producing project) to add such exploration
expenditure to an exploration pool that can be amortised against income from the
producing project.
The amount allowable as a deduction from this exploration pool in respect of resource
operations carried on by the taxpayer or a related corporation is the lesser of:
• 25% of the total undeducted balance of expenditure in the exploration pool or

• su h amount as re u es other than a t ona rofits ta s ) that
would, but for this deduction, be payable by the taxpayer and its related corporations
in respect of those resource operations for that year of income, by 10% (or 25% for
mining projects).
Management fees
Once a resource project derives assessable income, the deduction for management
fees is restricted to 2% of operating expenses other than management fees. During the
exploration phase of a project, the amount of management fees that can be treated as
allowable exploration expenditure is limited to 2% of the exploration expenditure other
than management fees. Furthermore, during the development phase, the amount of

Papua New Guinea
management fees that can be treated as allowable capital expenditure is limited to 2% of

the allowable capital expenditure other than management fees.
Transfer of expenditure
When interests are transferred from one taxpayer to another, the vendor and purchaser
can agree to transfer deduction entitlements for the unamortised balances of allowable
exploration expenditure and allowable capital expenditure to the purchaser.
i ue ed natural gas ( N ) pro ect

number o ro s ons w th s e fi a at on to the ro e t ha e been
included in the Income Tax Act, Stamp Duties Act, Goods and Services Tax Act, Customs
Act, and Excise Act.
Other provisions were added or amended at the same time as the PNG LNG project-
s e fi ro s ons the most notab e be ng the re ntro u t on o a t ona rofits ta
for all designated gas projects.
Additional pro ts tax

es gnate gas ro e ts are otent a sub e t to a t ona rofits ta th s ta oes not
currently have application to mining or petroleum projects). This is essentially a tax on
os t e ash ows ar s ng rom a gas ro e t n e ess o a hur e rate o return here
are two calculations required, and, in summary, they operate as follows:
• n er a u at on on e the ash ows be ome os t e a ter e ee ng a

a umu at on rate the os t e ash ow s sub e t to ta at a rate
• n er a u at on on e the ash ows be ome os t e a ter e ee ng a
a umu at on rate an an a t ona rofits ta a un er a u at on the
os t e ash ow s sub e t to ta at a rate
Wit olding taxes

i idends, interest, royalties, and te ni al management ees
he o ow ng rates a to en s nterest ro a t es an te hn a ees un er
PNG domestic law and tax treaties. PNG domestic legislation provides an exemption
from WHT for dividends and interest in certain circumstances. The higher rates quoted
are the ma mum rates a owab e un er the treat es
WHT rate (%)

Recipient Dividends (1) Interest (2) Royalties Technical fees
Resident 17 15 0 0
Non-resident corporations 17 15 10/ 0 17
and individuals
Treaty:
Australia 17 10 10 0
Canada 17 10 10 0
China 15 10 10 0
Fiji 17 10 15 15
erman 15 10 10 10
Indonesia 15 10 10 10
Korea, Republic of 15 10 10 0
Malaysia 15 15 10 10
Singapore 15 10 10 0
United Kingdom 17 10 10 10

Papua New Guinea
Notes
1. he rate of on dividends aid b mining com anies is 10 . ividends aid to a resident or a

non-resident out of income from petroleum or gas operations are exempt from income tax and are
not s b ect to . here are also some other s ecific e em tions from on dividends.
2. There is no WHT on interest when:
• interest is aid or credited to a licensed financial instit tion in Pa a ew inea, the ank of
Papua New Guinea, or the state
• interest is paid or credited by a resource company to a non-resident lender, or
• the interest income is otherwise e em t income in the hands of the reci ient.
. A ro alt aid to a non resident associate of the a ee will s ffer a 0 . here the non
resident is not an associate of the a ee, the rate will be 10 or of the ta able income
derived from the royalty if the non-resident chooses to lodge an income tax return in Papua New
inea .
. he treat with erman has not et been ratified b erman .
Business in ome W T
Income derived by local contractors in certain industries is covered by the business
income WHT regime. The industries affected include:
• Building and construction.

• Road transport.
• Motor vehicle repairs.
• Joinery and cabinet making.
• Security.
• Equipment hire.
us nesses a e te are re u re to ha e a ert fi ate o om an e an to ro u e t

when enter ng nto ontra ts w th the r ustomers a ers are re u re to fi e an annua
income reporting statement where they make either an eligible payment of PGK 500 or
more in relation to one contract or eligible payments for several contracts exceeding PGK
5,000 in the year of income in relation to a single payee. Payers are required to deduct a
a ees o not ro u e a ert fi ate o om an e
on resident insurer W T
Premiums paid to non-resident insurers in respect of insurance contracts on property
situated in Papua New Guinea or insured events that can only occur in Papua New
Guinea are subject to tax in Papua New Guinea. The tax is calculated on a deemed
taxable income equal to 10% of the gross premium, which is taxed at the non-resident P
tax rates of 48% (companies) or 30% (unincorporated associations). Tax treaties may
limit the rate of tax applied.
Tax administration
Taxable period
The tax year is generally the period 1 January to 31 December; however, application
may be made for a substituted tax year-end. These will normally be granted where the
substituted tax year-end coincides with the accounting year-end of an overseas holding
company. A company’s tax year does not need to be the same as its accounting period.
Tax returns
Papua New Guinea operates on a full assessment basis, and companies are required to
lodge an annual CIT return showing the calculation of taxable income for the year. In
addition, the return must provide detailed disclosures in relation to income derived and
expenses incurred during the year of income.
om an must fi e a ta return b ebruar n the ear o ow ng the ear o n ome

to which the return relates. However, the following automatic extensions apply where
the company lodges its return through a registered tax agent:
• Six months from the taxpayer’s year-end for taxable returns and partnership returns.
Papua New Guinea
• Eight months from the taxpayer’s year-end for resource company returns in a tax
payable position.
• Ten months from the taxpayer’s year-end for non-taxable returns.
ayment o tax
CIT is collected under a provisional tax system. Under this system, tax is paid in respect
o a om an s urrent ear rofits e a ments ma e n the ear o n ome are n
res e t o n ome er e n the same ear as the a ment s ue
Provisional tax is assessed by the IRC based on the last return lodged. In the event that
no tax was payable on the previous year’s return, the Commissioner General has the
right to estimate the amount of tax based on any other information available.
ro s ona ta s a ab e n three e ua nsta ments b r u an tober
Applications may be made to reduce provisional tax assessed if the tax due for the year
in question is expected to be lower than the provisional tax assessed. Where estimated
provisional tax is less than 75% of the income tax ultimately assessed, additional tax
may be levied. Additional tax at a rate of 20% will be assessed, based on the difference
between the estimate lodged and the provisional tax originally determined, or the actual
tax payable, whichever is less. The Commissioner General has the discretion to require
payment of additional tax.
Mining, petroleum, and gas companies are subject to advance payments tax, a system
that broadly mirrors the provisional tax system in place for non-resource companies.
The main difference for resource companies is they have the option to lodge an estimate
of their taxable income for the year prior to 30 April, 31 July, and 31 October each year,
which the IRC uses to assess each advance payments tax instalment.
Following the lodgement of the CIT return, the IRC will serve a notice of assessment on
the company. The balance of tax payable for a year of income, after the application of
provisional tax (or advance payments tax in the case of a resource company) and other
tax credits or rebates, is due to be paid within 30 days of the date of service of the notice
of assessment.
Tax audit pro ess

There is no prescribed tax audit process in Papua New Guinea, and resource constraints
have limited the IRC’s audit activities.
eriod or amendment o assessments

Where the IRC considers that a taxpayer made a full and true disclosure of all the
material facts necessary for assessing their returns as originally assessed, the IRC may
only amend an assessment that increases the tax liability of the taxpayer within three
years from the date that tax became due and payable under the original assessment.
Where the IRC considers that a taxpayer did not make a full and true disclosure of all
the material facts necessary for the assessment of their returns, and there has been an
avoidance of tax, then:
• the IRC may amend any assessments previously issued to the participants if the IRC is
of the opinion that the avoidance of tax was due to fraud or evasion (i.e. no time limit
applies), or
• in cases of tax avoidance due to reasons other than fraud or evasion, the IRC may
amend an assessment within six years from the date that tax became due and payable
under the original assessment.

Papua New Guinea
Topi s o o us or t e nternal e enue ommission

In late 2011, the IRC issued Taxation Circular No 2011/2, which provided guidance on
transfer pricing matters in Papua New Guinea. The IRC continues to consider transfer
pricing as an area of focus.
The IRC has indicated an increased focus on the effective collection of taxes and tax
compliance through the implementation of a new Standard Integrated Tax Accounting
System (SIGTAS).
The IRC has not otherwise publicly announced areas of focus for audit programs.

Philippines
PwC contact
Malou P. Lim
sa ana o w member firm
29th Floor Philamlife Tower
8767 Paseo de Roxas
Makati City 1226
Philippines
Tel: +63 2 459 2016
Email: malou.p.lim@ph.pwc.com

ppro al o t e Tax n enti es anagement and Transparen y t
T T
Republic Act (RA) No. 10708, also known as the Tax Incentives Management and
rans aren t seeks to enhan e fis a a ountab t an trans aren n the grant
and management of tax incentives. It was signed into law on 9 December 2015.
Under the law, entities registered with the concerned investment promotion agencies
s are re u re to fi e an subm t ta returns an om ete annua ta n ent es
reports. Non-compliance with reporting requirements is subject to penalties ranging
rom a fine o h ne esos first o at on se on
violation), and cancellation of its registration (third violation).
dditional modes o payment o taxes

The Philippine Bureau of Internal Revenue (BIR) has adopted additional modes of
payment of taxes through credit, debit, and prepaid cards (‘Card Payment Facility’)
under Revenue Regulations No. 3-2016, dated 12 January 2016. Under the Regulations,
taxpayers opting to pay through the Card Payment Facility shall bear the cost of bank and
or credit card charges and other fees, including the Merchant Discount Rate.
See further discussion under Payment of tax in the Tax administration section.
Tax treaty updates

From a tax treaty network perspective, the double taxation agreement (DTA) signed by
the Philippine government with the Republic of Turkey in March 2009 entered into force
on 11 January 2016 and applies on income derived or accrued beginning 1 January 2017.
In addition, two protocols were signed to amend the existing DTAs between the Philippine
go ernment an the o ow ng ountr es note that as o r the o fi a s gne
copies of the full text of the treaties below haven’t been released):
• Germany: The renegotiated DTA between the Philippine government and the Federal
Republic of Germany for the Avoidance of Double Taxation with Respect to Taxes on
Income and on Capital entered into force on 18 December 2015. The renegotiated
treat sha take e e t on an ta ab e er o beg nn ng on or a ter the first a o
January 2016.
• New Zealand: The renegotiated DTA between the Philippine government and the
Government of New Zealand for the Avoidance of Double Taxation and Prevention of
Fiscal Evasion with Respect to Taxes on Income entered into force on 2 October 2008.
It shall apply to taxes covered for any taxable period beginning on or after 1 January
2009.
See updated tax treaty rates in the Withholding taxes section.
294 Philippines PwC Worldwide Tax Summaries

Philippines

A domestic corporation is subject to tax on its worldwide income. On the other hand,
a foreign corporation is subject to tax only on income from Philippine sources (see the
descriptions of Resident foreign corporations and Non-resident foreign corporations below).
omesti orporations
The following corporate income tax (CIT) rates apply to domestic corporations:
Income CIT rate (%)
In general, on net income from all sources. 30
Minimum corporate income tax (MCIT) on gross income, beginning in the fourth 2
taxable year following the year of commencement of business operations. MCIT is
imposed where the CIT at 30% is less than 2% MCIT on gross income.
Pro rietar ed cational instit tions and non rofit hos itals, on net income if gross 10
income from unrelated trade, business, and other activities does not exceed 50% of
the total gross income from all sources.
on stock, non rofit ed cational instit tions all assets and reven es sed act all , Exempt
directl , and e cl sivel for ed cational r oses and other non rofit organisations.
erta n ass e n ome rom omest sour es s sub e t to fina ta rather than or nar
income tax (s i a i s i ).
mproperly a umulated earnings tax

An improperly accumulated earnings tax of 10% is imposed on improperly accumulated
income. The tax applies to every corporation formed or used for the purpose of avoiding
income tax with respect to its shareholders, or the shareholders of any other corporation,
b erm tt ng earn ngs an rofits to a umu ate nstea o be ng e or str bute
e t ons are ma e or ub he or orat ons banks an non bank finan a
intermediaries, and insurance companies.
esident oreign orporations

Resident foreign corporations (i.e. foreign corporations engaged in trade or business
n the h nes through a bran h o fi e are ta e n the same manner as omest
corporations (except on capital gains on the sale of buildings not used in business, which P
are taxable as ordinary income), but only on Philippine-source income.
International carriers are subject to an income tax of 2.5% on their gross Philippine
billings unless a lower rate is available under an existing tax treaty. Exemption from
this tax is also available under international agreements to which the Philippines
is a signatory or on the basis of reciprocity in cases where the home country of the
international carrier grants income tax exemption to Philippine carriers.
Income of offshore banking units (OBUs) and foreign currency deposit units (FCDUs) of
depository banks from foreign currency transactions with non-residents, other OBUs, or
FCDUs and local commercial banks (including branches of foreign banks) authorised by
the Bangko Sentral ng Pilipinas (central bank) to transact business with OBUs and FCDUs
are e em t rom a ta es e e t net n ome s e fie b the e retar o nan e u on
recommendation of the Monetary Board. Interest income from foreign currency loans
granted to residents other than OBUs or local commercial banks shall be subject to a 10%
fina n ome ta
Regional or area headquarters of multinational corporations that do not earn or

derive income from the Philippines, and that act as supervisory, communications, and
oor nat ng entres or the r a fi ates subs ar es or bran hes n the s a a fi reg on
and other foreign markets are not subject to CIT.
www.pwc.com/taxsummaries Philippines 295

Philippines
eg ona o erat ng hea uarters a a ta o on the r ta ab e n ome

n s a bran h estab she n the h nes b a mu t nat ona om an that s
engaged in any of the following services: general administration and planning, business
planning and coordination, sourcing and procurement of raw materials and components,
or orate finan e a sor ser es market ng ontro an sa es romot on tra n ng an
personnel management, logistic services, research and development services and product
development, technical support and maintenance, data processing and communication,
or business development.
on resident oreign orporations

In general, non-resident foreign corporations are taxed on gross income received from
sources within the Philippines at 30%, except for reinsurance premiums, which are
exempt. Interest on foreign loans is taxed at 20%. Dividends from domestic corporations,
howe er are sub e t to a fina w thho ng ta at the rate o the ountr
in which the corporation is domiciled does not impose income tax on such dividends or
allows a tax deemed paid credit of 15%.
Lower rates or exemption on the above income may be available under an applicable tax
treaty.
Rentals and charter fees payable to non-resident owners of vessels chartered by Philippine
nat ona s are sub e t to a fina ta o enta s harters an other ees er e b
non res ent essors o a r ra t ma h ner an other e u ment are sub e t to a fina ta
o
o al in ome taxes
a a si a ss i a s i i a a s sa s
or receipts.
orporate residen e
A domestic corporation is a corporation that is created or organised under Philippine
laws. A foreign corporation that is duly licensed to engage in trade or business within the
Philippines is referred to as a ‘resident foreign corporation’.

he bus ness rofits ro s on n most h ne treat es erm ts the h nes to ta
on those rofits attr butab e to a h e h ne treat es a o t the n te at ons
(UN) Model Convention, Organisation for Economic Co-operation and Development
(OECD) commentaries have often been cited by tax authorities to support their
interpretation of treaty provisions. The main implication is that most Philippine treaties
contain a rule deeming a PE to arise when services are performed in the Philippines for a
s e fie er o o t me
t er taxes
alue added tax T
VAT applies to practically all sales of services and imports, as well as to sales, barter,
exchange, or lease of goods or properties (tangible or intangible). The tax is equivalent
to a uniform rate of 12%, based on the gross selling price of goods or properties sold, or
gross receipts from the sale of services. On importation of goods, the basis of the tax is
the value used by the Bureau of Customs in determining tariff and customs duties plus
ustoms ut es e se ta es an an other harges here the a uat on use b the
Bureau of Customs is by volume or quantity, the VAT basis is the landed cost plus excise
taxes, if any.

Philippines
Certain transactions are zero-rated or exempt from VAT. Export sales by VAT-registered
persons are zero-rated.
erta n sa es o ser es e em t rom n u ng ser es ro e b finan a

intermediaries, are subject to percentage taxes based on gross sales, receipts, or income.
A 3% percentage tax also applies to persons who are not VAT-registered because their
annua sa es or re e ts o not e ee
ustoms duties
ab e ustoms ut es are eterm ne base on the tar ass fi at on o the m ort
ro u t s w th the rest o the sso at on o outh ast s an at ons
ountr es tar ass fi at on n the h nes s base on the armon se
ar omen ature wh h s atterne a ter the armon se ommo t
ass fi at on an o ng stem on ent on an ts re s ons he atest
e t on o e entere nto or e on anuar th o e
the o era tar nes were re u e b or an a ro mate ut n the
number o tar nes n though ass fi at on ru ngs were ssue
to a ress ommon ra se a uat on an tar ass fi at on t s st a sab e that
tar ass fi at on ru ngs rom the h ne ar omm ss on be se ure r or to
m ortat on nto the h nes n ase o un erta nt as to the orre t ass fi at on o
a ro u t ote that wh e the tar ass fi at on ru ngs ssue b the h ne ar
omm ss on o not re ent the ureau o ustoms rom on u t ng ts own er fi at on
these ru ngs arr ersuas e re eren e n su ort o the ass fi at on an ut rate use
by an importer.
he h nes a o ts the or ra e rgan at on a uat on greement

where the declared invoice price is used as the basis for determining customs duties.
As a protective measure, the Philippines retains higher tariff rates (20% to 50%) on
sensitive agricultural products, such as grains, livestock and meat products, sugar, certain
vegetables, and coffee. A few agricultural commodities are subject to minimum access
volumes, but these represent less than 1% of all tariff lines.
n ew o the e st ng ree tra e agreements n the reg on su h as the ree ra e

rea h na ree ra e rea orea ree ra e rea P
the ustra a ew ea an ree ra e rea the
a an om rehens e onom artnersh greement an the
INDIA Free Trade Area (AIFTA), the Philippines has taken steps to progressively eliminate
tariffs. Tariff reductions for the Philippines range from 10% to 35% for most products
included in the Normal Track list.
Ex ise taxes
Excise tax is payable at varying rates on alcohol products, tobacco products, petroleum
products, mineral products, and automobiles. Excise tax is also payable on all goods
commonly or commercially known as jewellery, whether real or imitation; perfumes and
toilet waters; and yachts and other vessels intended for pleasure or sport at 20% of the
wholesale price or value of the importation used by the Bureau of Customs in determining
tariff and customs duties.
o umentary stamp tax ST

s a ab e at ar ng rates on ar ous o uments an transa t ons he o ow ng
table contains selected examples:
Taxable document/
transaction (tax base) DST rate
Original issue of shares PHP 1 for every PHP 200 or fractional part of par value

Philippines
Taxable document/
transaction (tax base) DST rate
Sale, barter, or exchange of shares of Exempt
stock listed and traded through the local
stock exchange
Other sales agreement, agreement to sell, PHP 0.75 for every PHP 200 or fractional part of par
memoranda of sales, delivery or transfer value
of shares or certificates of stock
Certificate of rofits, interest in ro ert PHP 0.50 for every PHP 200 or fractional part of face
or accumulations value
Non-exempt debt instruments PHP 1 for every PHP 200 or fractional value of the issue
price.
ank check, draft, certificate of de osit PHP 1.50 for each instrument
not bearing interest, other instruments
Life insurance policy PHP 10 to PHP 100 depending upon the amount of
insurance
Lease/hiring agreement P P for the first P P 2,000 or fractional art of
amount stipulated in contract, and PHP 1 for every PHP
1,000 or fractional part in excess of PHP 2,000 for each
year of contract term
Mortgage, pledge, deed of trust P P 20 for the first P P ,000 of amo nt sec red, and
PHP 10 for every PHP 5,000 or fractional part in excess
of PHP 5,000
Deed of sale, conveyance of real property PHP 15 for each PHP 1,000 of consideration/value or
fractional part thereof
apital gains tax

Capital gains arise from the sale or exchange of ‘capital assets’. Capital assets are property
he b the ta a er whether or not onne te w th ts tra e other than the o ow ng
• Inventories or property held primarily for sale to customers in the ordinary course of
business.
• Real property or depreciable property used in trade or business.
• Property of a kind that would be included in the inventory of the taxpayer if on hand at
the close of the taxable year.
Capital losses are deductible only to the extent of capital gains.
There are no holding period requirements for capital assets of corporations.
fina ta s m ose on the h gher o the gross se ng r e or a r market a ue u on

the sale, exchange, or disposition of land or buildings not actually used in the business of
a corporation. The tax is withheld by the buyer at the time of sale.
Net capital gains derived from the sale, exchange, transfer, or similar transactions of
shares o sto k not tra e through a o a sto k e hange are ta e at on the first
o ga ns an on ga ns n e ess o a es o shares o sto k
listed and traded on a local stock exchange, other than the sale by a dealer in securities,
are subject to a stock transaction tax of 0.5% based on the gross selling price, provided
the listed corporation observes a minimum public ownership of at least 10% based on
the company’s issued and outstanding shares, exclusive of any treasury shares or such
er entage as ma be res r be b the e ur t es an hange omm ss on or
h ne to k hange wh he er s h gher otherw se the ta sha
apply.
a ta ga ns rom the sa e o bon s ebentures or other ert fi ates o n ebte ness

w th a matur t o more than fi e ears are e em t rom ta

Philippines
A tax is levied on every sale, barter, exchange, or other disposition through an initial
public offering (IPO) of shares of stock in closely held corporations. A ‘closely held
corporation’ is any corporation of which at least 50% in value of the total outstanding
capital stock, or at least 50% of the total combined voting power of all classes of stock
entitled to vote, is owned directly or indirectly by, or for, not more than 20 individuals.
The tax rates provided hereunder are based on the proportion of the gross selling
price, or gross value in money, of the shares of stock sold, bartered, exchanged, or
otherwise disposed of to the total outstanding shares of stock after listing on the local
sto k e hange
Proportion of sale to total shares Tax rate (%)

25% or less 4
Over 25% but not over 33.33% 2
Over 33.33% 1
ringe benefits tax

fina ta o a ab e b the em o er s m ose on the grosse u monetar
a ue o r nge benefits e g hous ng e ense a ounts eh es o an k n househo
personnel, interest on loans at lower than market rates [the current benchmark rate is
12%], membership dues for social and athletic clubs, foreign travel expenses, holiday and
vacation expenses, educational assistance, insurance) furnished or granted to managerial
or su er sor ersonne b the em o er n e e t on s or r nge benefits re u re b
the nature of or necessary to the trade, business, or profession of the employer, or when
the r nge benefit s or the on en en e or a antage o the em o er
he o ow ng r nge benefits are not sub e t to the ta
• Those authorised and exempted from tax under special laws.

• ontr but ons o the em o er or the benefit o the em o ee to ret rement nsuran e
an hos ta sat on benefit ans
• hose grante to rank an fi e em o ees howe er the em o ees ma be sub e t to
on om ensat on
• Those of relatively small value or de minimis benefits
P
he r nge benefits ta s a ab e on a a en ar uarter bas s an s an a t ona
e u t b e e ense or the em o er r nge benefits a rea sub e te to r nge benefits
tax will no longer form part of the employee’s taxable income.
he grosse u monetar a ue o the r nge benefit s genera om ute b ng

the a tua monetar a ue o the benefit b
ayroll taxes

Corporations doing business in the Philippines must be registered with social institutions,
su h as the o a e ur t stem ome e e o ment utua un an
h ne ea th or orat on u on em o ment o an em o ee an r or to
the due date of the remittance of any social contributions.
Employee contributions for social security are deducted from the employee’s salary
a ments or the ma mum month e u t ons rema n at or
or an or
Employers are also required to make contributions. Employers’ maximum contribution for
ea h em o ee s er month m o er ontr but ons or an
are generally of the same amount as the employee contributions.

Philippines
o al go ernment taxes
Local government units impose local business taxes, which are generally based on the
gross sales or gross receipts of the prior year, and real property taxes, which are levied
annua on the bas s o a fi e ro ort on o the a ue o the rea ro ert ta ab e
value). The local business tax rate varies depending on the location of the business, but
generally shall not exceed 3%. Real property located in a province may be subject to real
property tax of not more than 1% of its taxable value, while real property in a city (or
municipality in Metro Manila) may be subject to real property tax of not more 2% of its
taxable value.
Bran in ome
he n ome ta rate on bran h rofits s the same as on or orate rofits n genera
rofits rem tte abroa b a bran h o fi e are sub e t to a ta rate base on the tota
rofits a e or earmarke or rem ttan e w thout an e u t on or the ta om onent
thereo ower rate ma a un er erta n ta treat es rofits rom ua fie a t t es
remitted by a branch registered with the Philippine Economic Zone Authority (PEZA) are
tax exempt.
n ome determination
n entory aluation
n entor es are genera state at ost or at the ower o ost or market ast n first out
(LIFO) is not allowed for tax purposes. Generally, the inventory valuation method for tax
ur oses must on orm to that use or finan a re ort ng ur oses
Capital gains
Capital gains are not generally subject to CIT, but may be subject to capital gains tax. See
a i a ai s a i a ss i i ai
i idend in ome
Dividends received by a domestic or resident foreign corporation from another domestic
corporation are not subject to tax. These dividends are excluded from the taxable income
of the recipient.
Dividends received by a non-resident foreign corporation from a domestic corporation

are sub e t to a genera fina at the rate o ower rate o a es the
country in which the corporation is domiciled either does not impose income tax on such
dividends or allows a tax deemed paid credit of 15%. Treaty rates ranging from 10% to
25% may also apply if the recipient is a resident of a country with which the Philippines
has a tax treaty.
Stock dividends
A Philippine corporation can distribute stock dividends tax-free, proportionately to
a shareho ers
nterest in ome
nterest on bank sa ngs t me e os ts e os t subst tutes an mone market
placements received by domestic or resident foreign corporations from a domestic
or orat on are sub e t to a fina ta o wh e nterest n ome er e rom
e os ts s sub e t to a fina ta o u h n ome s e u e rom gross n ome
reportable in CIT returns.
Interest income of OBUs and FCDUs from foreign currency loans granted to residents
other than OBUs or local commercial banks shall be subject to 10% tax.

Philippines
oyalty in ome
Royalties received by domestic or resident foreign corporations from a domestic
or orat on are sub e t to a fina ta o

Other items exempt from CIT include the following:
• Proceeds of life insurance policies.

• Return of policy premium.
• Gifts, bequests, and devises.
• Interest on certain government securities.
• Income exempt under a treaty.
• Gains from sale, exchange, or retirement of bonds.
• Gains from redemption of shares of stock in mutual fund companies.
oreign in ome
A Philippine (domestic) corporation is taxed on its worldwide income. A domestic
corporation is taxed on income from foreign sources when earned or received, depending
on the accounting method used by the taxpayer.
Income earned through a foreign subsidiary is taxed only when paid to a Philippine
resident shareholder as a dividend. Meanwhile, income earned through a foreign branch
is taxed as it accrues. The losses incurred by the foreign branch are deductible against
other income earned by the Philippine corporation.
oub e ta at on s genera re e e through a re t or ore gn ta es owe er a

taxpayer can take a deduction for foreign taxes instead, if that leads to a more favourable
outcome.
edu tions
Corporate taxpayers can avail themselves of the optional standard deduction computed at
40% of gross income. The optional standard deduction is in lieu of the itemised operating
expenses. P
Depreciation is generally computed on a straight-line basis, although any reasonable
method may be elected if the aggregate amount of depreciation, plus salvage value at the
end of the useful life of the property, will equal the cost of the property. Gain on the sale
of depreciated property is taxable as ordinary income. Generally, tax depreciation should
conform to book depreciation, unless the former includes incentives.
Properties used in petroleum operations may be depreciated over a period of ten

years using the straight-line or declining-balance method, at the option of the service
contractor. Properties used in mining operations with expected life of more than ten years
ma be e re ate o er an number o ears between fi e ears an the r e e te e
A cost depletion allowance is available as follows:
• or o an gas we s e et on s base on a tua re u t on n ow an ro u t on

as erta ne not b ush ow but b the sett e ro u t on or regu ar ow
• For mines, depletion is allowable up to an amount not to exceed the market value, as
used for purposes of imposing the mining ad valorem taxes, of the products mined and
so ur ng the ear
oodwill
Goodwill is not deductible for tax purposes.

Philippines
Start up expenses
tart u e enses are e u t b e when n urre
nterest expenses
The allowable deduction for interest expense is reduced by an amount equal to 33% of
nterest n ome that s sub e t to fina ta
Bad debts
Bad debts are deductible expenses when written-off, subject to certain requirements.
The deduction for charitable contributions ordinarily may not exceed 5% of taxable
n ome owe er ontr but ons to erta n nst tut ons are e u t b e sub e t to
certain conditions.
Entertainment, amusement, and recreation expenses should not exceed 0.5% of net
sales for taxpayers engaged in the sale of goods or properties, or 1% of net revenue
for taxpayers engaged in the sale of services, including professionals and lessors of
properties.
Spe ial dedu tions

e a e u t ons are a owe or erta n bus nesses e g nsuran e m n ng etro eum
and real estate investment trust).
ines and penalties

Fines and penalties are deductible as necessary and ordinary business expenses.
ur harge an om rom se ena t m ose or non a ment or ate a ment o ta es s
not deductible for tax purposes.
Taxes
Corporate taxpayers can claim a deduction for all taxes paid or accrued within the taxable
year in connection with their trade or business, except for the following:
• Philippine CIT.
• Income taxes imposed by authority of any foreign country, unless the taxpayer elects to
take a deduction in lieu of a foreign tax credit.
• Estate and donor’s taxes.
• a es assesse aga nst o a benefits o a k n ten ng to n rease the a ue o the
property assessed.
In the case of a foreign corporation, deductions for taxes are allowed only if they are
connected with income from sources within the Philippines.
Net operating losses

A net operating loss for any taxable year immediately preceding the current taxable
year, which had not been previously offset as a deduction from gross income, may be
carried over as a deduction from gross income for the next three consecutive taxable
years immediately following the year of this loss (except losses during the period when
the taxpayer was tax-exempt), provided there has been no substantial change in the
ownership of the business or enterprise.
For mines, other than oil and gas wells, a net operating loss calculated without the
benefit o n ent es ro e or un er e ut e r er o or the mn bus
n estments o e o as amen e n urre n an o the first ten ears o
o erat on ma be arr e o er as a e u t on rom ta ab e n ome or the ne t fi e ears
immediately following the year of such loss.

Philippines
Loss carrybacks are not allowed.

A Philippine corporation can claim a deduction for royalties, management service fees,
an nterest harges a to ore gn a fi ates ro e su h amounts are e ua to what t
wou a an unre ate ent t an the a ro r ate s are w thhe an rem tte
The registration of licensing and management agreements, now known as technology

transfer arrangements (TTAs), has been liberalised. Only TTAs not conforming to certain
provisions of the Intellectual Property Code require approval by, and registration with,
the Documentation, Information, and Technology Transfer Bureau of the Intellectual
ro ert fi e ormer ureau o atents ra emarks an e hno og rans er to
render the contracts enforceable.
ead o fi e expense allo ations

res ent ore gn or orat on s a owe to a m a o ate hea o fi e e enses as a
deduction, subject to certain requirements.
roup taxation
There is no group taxation in the Philippines.
Trans er pri ing

Transfer Pricing Regulations govern the cross-border and domestic transactions between
associated enterprises. The Regulations state that the ‘arm’s-length principle’ shall be
adopted in determining the transfer price in related-party transactions. The application
of the arm’s-length principle may follow a ‘three-step’ approach prescribed by the
BIR under the Regulations, to wit: (i) the conduct of a comparability analysis, (ii) the
ent fi at on o the teste art an the a ro r ate trans er r ng metho an
the determination of the arm’s-length results.
Taxpayers must keep adequate documentation supporting their transfer prices so that
they can defend their transfer pricing analysis, mitigate the risk of transfer pricing
adjustments arising from tax examinations, and support their applications for Mutual P
Agreement Procedure (MAP). There is also a ‘contemporaneous’ requirement that
transfer pricing documents must exist or be brought into existence at the time the
taxpayers develop or implement any arrangements that may raise transfer pricing issues.
This can generally mean that while transfer pricing documentation is not required to
be submitted together with the tax returns, such documents should be retained and
submitted to the BIR when required or requested. There is no prescribed period within
which such documentation may be made available, but it should be available in cases of
au t n est gat on
An Advance Pricing Arrangement (APA) is an agreement entered into between the

taxpayer and the BIR to determine in advance an appropriate set of criteria (e.g. method,
comparables, appropriate adjustments thereto) to ascertain the transfer prices of
ontro e transa t ons o er a fi e er o o t me t s urrent a a ab e to ta a ers
but the BIR is still in the process of drafting more detailed guidelines. The APA is not
mandatory, but may be advisable since the purpose of the APA is to reduce the risk of
transfer pricing re-examination and double taxation.
Transactions entered into prior to the Transfer Pricing Regulations becoming effective
in February 2013 shall be governed by the laws and other administrative issuances
prevailing at the time the controlled transactions were entered into.
T in apitalisation
There are generally no thin capitalisation rules in the Philippines.

Philippines

There are no CFC rules in the Philippines.

oreign tax redit
Domestic corporations are allowed to claim a credit for any income taxes paid to a foreign
country, provided that the taxes are not claimed as deductions. Foreign corporations are
not allowed foreign tax credits.
Credits for foreign taxes are determined on a country-by-country basis. The amount
of foreign tax credit in respect of the tax paid in a country shall not exceed the same
proportion of the tax against which the tax credit is taken, which the taxpayer’s income
from the country bears to its entire taxable income. There is, however, a further limitation
based on the total amount of foreign-sourced income that the taxpayer earns. The total
amount of foreign tax credits shall not exceed the same proportion of the tax against
which the tax credit is taken that the taxpayer’s foreign-sourced income bears to its entire
taxable income.
Export in enti es
Tax incentives available to export enterprises registered with the Board of Investments
(BOI) are as follows:
• n ome ta ho a g ng u e em t on rom or s ears or oneer

firms an those o at ng n ess e e o e areas an our ears or non oneer firms
he er o starts to run rom the ate o ommer a o erat on or target ate o
o erat on wh he er s ear er res r be on t ons are met the er o ma
be e ten e b u to three ears n no ase howe er an the tota er o e ee
e ght ears an ng e ort or ente firms are a so a owe a three ear on the
n rementa n ome ub e t to erta n e e t ons new an e ans on ro e ts o ate
n the at ona a ta eg on or etro an a are no onger ent t e to
• Tax and duty exemption on imported spare parts and supplies for export producers
with a customs bonded manufacturing warehouse exporting at least 70% of annual
production, if foreign-owned, or 50%, if Filipino-owned.
• Full deduction of the cost of major infrastructure undertaken by enterprises in less-
developed areas.
• Additional deduction of 50% of the incremental labour expense if the prescribed ratio
of capital assets to annual labour is met and 100% of the incremental labour if located
n ess e e o e areas w th n fi e ears rom ate o reg strat on th s n ent e
annot be a a e o s mu taneous w th the
• Ten-year exemption from taxes and duties on importation of breeding stock and
genetic materials.
• Tax credit on domestic breeding stocks and genetic materials (ten years).
• Exemption from wharfage, any export tax, duty, impost, or fees.
• Tax credits equivalent to taxes and duties paid on purchases of raw materials, supplies,
and semi-manufactured products forming part of the products for export.
t er in enti es
Export and free-trade enterprises, information technology (IT) enterprises, and special
e onom one e e o ers o erators n u ng bu ngs o ate n etro an a an
arks reg stere w th are ent t e to an o s ears or oneer firms an
our ears or non oneer firms ore gn art es brought nto the ones w be e em t
from import duties and taxes. Local purchases of goods from VAT-registered suppliers
outs e the e onom ones are ero rate ter the a se o the er o enter r ses
reg stere an o erat ng w th n s e a e onom ones e ort ro ess ng ones w a
only a 5% special tax on gross income earned from registered activities in lieu of all local
and national taxes.

Philippines
A regional or area headquarters established in the country as a supervisory,

ommun at ons an oor nat on entre or a or orat on s subs ar es a fi ates an
bran hes n the s a a fi reg on an whose hea uarters o not er e n ome rom
the Philippines, are not subject to any CIT nor VAT and are entitled to certain non-tax
incentives.
n that s a owe to er e n ome n the h nes b er orm ng ua ng

bus ness ser es to ts a fi ates subs ar es or bran hes n the h nes n the s a
a fi eg on an other ore gn markets ma a a tse o the o ow ng n ent es
• Income tax at the preferential rate of 10% of its taxable income.

• Exemption from all kinds of local taxes, fees, or charges imposed by a local government
unit, except real property tax on land improvements and equipment.
• Tax and duty-free importation of equipment and materials for training and
on eren es that are nee e an use so e or ts un t ons as an an are not
locally available, subject to the prior approval of the BOI.
• Importation of new motor vehicles, subject to the payment of corresponding duties
and taxes.
• em t on rom tra e ta s e fi mm grat on ees an re u rements sub e t to
certain conditions.
The following are the incentives granted to exporters under the Export Development Act
(Republic Act No. 7844):
• Exemption from Presidential Decree No. 1853 (requiring 100% of Letter of Credit),
provided that the importation shall be used for the production of goods and services
for export.
• Tax credit for incremental export performance. The tax credit for increase in current
export revenues shall be computed as a percentage to be applied on the incremental
export revenue converted to pesos at the current rate. The percentages or rates are
as o ows
• or the first n rease n annua e ort re enues o er the re ous ear
• For the next 5% increase: 5.0%.
• For the next 5% increase: 7.5%.
• In excess: 10%. P
ote that th s n ent e s not a a ab e or e orters en o ng or e em t on or
whose local VAT is below 10%.
• In addition to the above incentives, all existing incentives being enjoyed by the
enter r se reg stere w th the ub a etro o tan uthor t
ark e e o ment or orat on or other e o one regu at ng agen es
Wit olding taxes

Corporations and individuals engaged in business are required to withhold the
appropriate tax on income payments to non-residents, generally at the rate of 30% in
the case of payments to non-resident foreign corporations or 25% for non-resident aliens
not engaged in trade or business. For WHT on resident corporations, see the discussions in
i ai s i .
Tax treaty rates

For countries with which the Philippines has concluded tax treaties, the maximum rates
of taxes to be withheld are as follows:
As of 21 April 2016:

Philippines

Australia 15/25 (3, 4) 10/15 (5) 15/25 (6)
Austria 10/25 (3, 7) 10/15 (5, 8) 10/15 (6, 9)
Bahrain 10/15 (7) 10 10/15 (10)
Bangladesh 10/15 (11) 15 15
Belgium 10/15 (7) 10 15
Brazil 15/30 10/15 (5) 15/25 (12)
Canada 15/25 (3, 7) 10/15 (5) 25 (9)
China, People’s Republic of 10/15 (7) 10 10/15 (13)
Czech Republic 10/15 (7) 10 10/15 (14)
Denmark 10/15 (11) 10 15
Finland 15/30 (3, 7) 10/15 (5) 15/25 (15)
France 10/15 (3, 7) 10/15 (5) 15
Germany 5/10/15 (11, 24) 10 10
Hungary 15/20 (3, 11) 15 15 (9)
India 15/20 (3, 7) 10/15 (5, 17) 15/30 (6)
Indonesia 15/20 (3, 11) 10/15 (5) 15/25 (6)
Israel 10/15 (7) 10 15 (9)
Italy 15 10/15 (5) 15/25 (6, 18)
Japan 10/15 (3, 7) 10 10/15 (19)
Korea, Republic of 10/25 (3, 11) 10/15 (5) 10/15 (6)
Malaysia 15/25 15 15/25 (6, 18)
Netherlands 10/15 (7) 10/15 (5, 16, 17) 10/15 (6)
Nigeria 12.5/15 (7) 15 20
Norway 15/25 (3, 7) 15 7.5/10/25 (9, 20)
Pakistan 15/25 (3, 11) 10/15 (5) 15/25 (6)
Poland 10/15 (11) 10 15
Qatar 10/15 (7) 10 15
Romania 10/15 (11) 10/15 (5, 16, 17) 10/15/25 (21)
Russia 15 15 15
Singapore 15/25 (3, 22) 10/15 (5) 15/25 (6, 18)
Spain 10/15 (7) 10/15 (5, 16) 10/15/20 (23)
Sweden 10/15 (11) 10 15
Switzerland 10/15 (7) 10 15
Thailand 15/30 10/15 (5) 15/25 (6, 18)
Turkey 10/15 (11) 10 10/15 (13, 19)
United Kingdom 15/25 (3, 7) 10/15 (5) 15/25 (6, 19)
United States 20/25 (3, 7) 10/15 (5) 15/25 (6, 9)
Vietnam 10/15 (11) 15 15
Notes
1. he lower rate generall a lies if the beneficial owner of the dividends is a com an with a s bstantial
ownership in the dividend paying company.
2. Interest derived by a foreign government or its agencies is typically exempt from Philippine tax. Many
treaties also contain special rules for both Philippine and home country taxation of interest paid on
instruments secured by a government agency of one of the countries. Such provisions have been
excluded from the analysis.
3. A 15% rate applies under domestic law if the home country exempts the dividend from tax or permits
a1 or greater credit for cor orate ta es aid b the com an a ing the dividend.
4. Entitlement to the lower rate depends on how the dividend will be taxed in Australia.
5. The 10% rate applies to interest paid in respect of the public issues of bonds, debentures, or similar
obligations.
6. The lower rate applies to royalties paid by an enterprise registered with the Philippine BOI and
engaged in preferred areas of activity.

Philippines
7. The threshold for substantial ownership is 10%.

8. The 10% rate also applies to interest paid by a company registered with the BOI and engaged in
preferred pioneer areas of investment in the Philippines.
9. The treaty also contains a most-favoured-nation rule, limiting the Philippine tax on royalties to
the lowest rate of Philippine tax that may be imposed on royalties of the same kind paid in similar
circumstances to a resident of a third state.
10. The 15% rate applies to royalties arising from the use of, or the right to use, any copyright of literary,
artistic, or scientific work incl ding cinematogra h films or ta es for television or broadcasting.
12. The 25% rate applies to royalties arising from the use or the right to use trademarks and
cinematogra hic films, films or ta es for television or radio broadcasting. he 1 a lies to an other
royalties.
13. The 10% rate applies to the use of, or the right to use, any patent, trademark, design or model, plan,
secret form la or rocess, or from the se of, or the right to se, ind strial, commercial, or scientific
e i ment, or for information concerning ind strial, commercial, or scientific e erience. trictl ,
application of the rate is generally at the discretion of the Philippine Competent Authorities, but the BIR
has never raised this as an issue.
14. The 10% rate applies to royalties arising from the use of, or the right to use, any copyright of literary,
artistic, or scientific work other than co right of cinematogra h films , an atent, trademark, design
or model, plan, secret formula or process, or from the use of, or the right to use, industrial, commercial,
or scientific e i ment, or for information concerning ind strial, commercial, or scientific e erience.
15. The 15% rate applies to royalties paid by an enterprise registered and engaged in preferred areas of
activities, and to ro alties in res ect of cinematogra hic films or ta es for television or broadcasting,
and for the use of, or the right to use, any copyright. The 25% rate applies to other royalties.
16. The 10% rate also applies to interest paid in connection with the sale on credit of any industrial,
commercial, or scientific e i ment.
17. The 10% rate also applies to interest paid on any loans granted by a bank.
18. he 1 rate also a lies to ro alties in res ect of cinematogra hic films or ta es for television or
broadcasting.
19. he 1 rate a lies to ro alties aid for the se of, or the right to se, cinematogra hic films and
films or ta es for radio or television broadcasting.
20. The 7.5% rate applies to the lease of containers. The 10% rate applies to royalties paid by an
enter rise registered with the . he 2 rate a lies to other ro alties.
21. The 10% rate applies to royalties paid by an enterprise registered with the BOI and engaged in
referred ioneer areas of activit . he 1 rate a lies to rentals from cinematogra hic films and
tapes for television or broadcasting. The 25% rate applies to all other royalties.
23. The 10% rate applies to royalties paid by an enterprise registered with the BOI and engaged in
referred ioneer areas of activit . he 20 rate a lies to rentals from cinematogra hic films and
tapes for television or broadcasting. The 15% rate applies to all other royalties.
24. The threshold for substantial ownership is 70% for the 5% rate to apply.
Tax administration
Taxable period P
he a ount ng er o must o ow a month fis a er o but ma or ma not o ow
the a en ar ear ost h ne om an es ha e a fis a ear that en s n e ember or
March.
Tax returns
or orat ons shou fi e the r returns an om ute the r n ome on the bas s o an
accounting period of 12 months.
or orate ta a ers fi e se assesse returns e tron fi ng an a ment o ta es are

a a ab e un er the e tron ng an a ment stem e o the
he o ow ng or orate ta a ers who are not o ere b e are re u re to use

e tron orms e orms n fi ng the r ta returns
• re te ta agents ra t t oners an a the r ent ta a ers who author se them

to fi e on the r beha
• re te r nters o r n a an su ementar re e ts n o es
• One-time transaction taxpayers.
• hose who sha fi e a o a ment return e e t sen or t en or ersons w th
sab t es fi ng the r own return em o ees er ng ure om ensat on n ome
an the n ome ta o wh h has been w thhe orre t em o ees ua fie or
subst tute fi ng but o te to fi e or an n ome ta return an are fi ng or ur oses

Philippines
of promotion (Philippine National Police and Armed Forces of the Philippines), loans,
scholarship, foreign travel requirements, etc.
• Government-owned or controlled corporations.
• Local government units, except barangays.
• oo erat es reg stere w th the at ona e tr fi at ons m n strat on an o a
ater t t es m n strat ons
a a ers who are re u re to fi e the r returns us ng e or e orms but a to o so

sha be sub e t to a ena t o er return an ena t es e u a ent to
of the tax due.
omest or res ent ore gn or orat on s re u re to fi e n ome ta returns on a

uarter bas s th n a s rom the ose o the first three uarters o ts ta ab e ear
the or orat on must fi e a return summar s ng ts gross n ome an e u t ons or the
ear to ate fina annua n ome ta return must be fi e on or be ore the th a o
the fourth month following the close of the taxable year.
or orate ta a ers must fi e the r n ome ta returns us ng one o three erent orms
depending on their tax regime (i.e. subject only to the regular income tax, tax exempt, or
w th m e n ome sub e t to mu t e ta rates or s e a re erent a rates
ayment o tax
er or orat on fi es umu at e uarter n ome ta returns or the first three uarters
an a s the ta ue w th n a s a ter ea h uarter fina a ustment return o er ng
the tota ta ab e n ome o the re e ng ta ab e ear must be fi e on the th a o
the fourth month following the close of the taxable year. The balance of the tax due after
deducting the quarterly payments must be paid, while the excess may be claimed as a
refund or tax credit. Excess estimated quarterly income taxes paid may be carried over
and credited against estimated quarterly income tax liabilities for succeeding taxable
years. Once the option to carry over has been made, such option is irrevocable, and no
ash re un or ta re t ert fi ate s a owe e e t u on u at on o the
company.
n e a t ona mo es o a ment o ta es are now a a ab e through re t eb t an

prepaid cards under recently issued Revenue Regulations, taxpayers may choose from the
a a ab e on ne a ment a t es ro e b the e tron a ment er e ro er
to ro ess ta a ments owe er on a re te uthor se gent anks
(AABs) may accept such payments, and accreditation of AABs is subject to compliance
with certain conditions under existing Regulations.
Payment of taxes through the Card Payment Facility shall be deemed made on the date
an t me a ear ng n the s stem generate a ment onfirmat on re e t ssue to
the taxpayer-cardholder by the AAB-acquirer, provided that the payment was actually
received by the BIR. The taxpayer is not relieved of, and has a continuing liability for such
taxes, until the payment is actually received by the BIR.
nnual statutory audit

An annual statutory audit is required for all corporations with authorised capital stock or
a u a ta e ee ng n u ng bran hes o ore gn or orat ons t s
a so re u re or an or orat on whose gross sa es or earn ngs e ee n
any quarter.
There is no statutory obligation on the Tax Commissioner to make an assessment
for internal revenue taxes, and most taxes are collected based on the taxpayer’s self-
calculation. If an assessment is to be issued, however, it must be done within three
ears rom the ea ne or the ate o a tua fi ng o the return wh he er s ater he
taxpayer and the Commissioner can, however, agree in writing to extend this period.

Philippines
n the ase o a a se or rau u ent return or o a ure to fi e a return the ta ma be

assessed or a proceeding in court for collection may be commenced without assessment at
any time within ten years from the discovery of the falsity, fraud, or omission.
Any internal revenue tax that has been assessed within the period of limitation may be
o e te b stra nt or e or b a ro ee ng n ourt w th n fi e ears o ow ng the
assessment of the tax.
The prescription periods are suspended in certain circumstances, such as when the
offender is absent from the Philippines, when the Commissioner grants a taxpayer’s
request for a reinvestigation, or when the taxpayer and the BIR agree to extend the
prescriptive period for assessment through a written waiver.
n the ase o o er a ment o ta a a m or re un or re t ma be fi e w th the

within two years from the date of erroneous payment of the tax. If the claim is denied or
no e s on s re e e rom the a et t on or re ew ma be fi e w th the ourt o
a ea s h s must be fi e be ore the two ear er o e res an n the ase
of a denied claim, within 30 days from the receipt of the denial.

ur ng au ts the genera o ers a a ab e nterna re enue ta es th the
issuance of certain regulations in recent years, assessment issues involving transfer
pricing, intercompany advances, donor’s tax, and improperly accumulated earnings tax
have become more prevalent.
t er issues
took e e t on u n er finan a nst tut ons outs e the n te
tates sha re ort ea h ear to the nterna e enue er e n ormat on about
a ounts he b t ens he sa finan a nst tut ons that a to om w th
are sub e t to a on sour e fi e eterm nab e annua or er o
n ome wh h sha be w thhe b the r ounter art es n the n te tates
P
n the absen e o an ntergo ernmenta agreement art at ng ore gn finan a
nst tut ons s n the h nes n ua s gne an greement w th the
n er o e o the sw ro e n ormat on on a ounts to the wh h

n ormat on w be re a e to the
urrent o e s treate as n e e t b the reasur as o o ember

he n te tates an the h nes ha e rea he an agreement n substan e
and the Philippine government has consented to disclose this status. In accordance with
th s status the te t o su h has not been re ease an finan a nst tut ons n the
Philippines are allowed to register on the FATCA registration website consistent with
the treatment of having an IGA in effect, provided that the jurisdiction continues to
emonstrate firm reso e to s gn the as soon as oss b e
owe er as o r the has not et ssue the re ort ng gu e nes or

o e o the en ng ts rat fi at on b the h ne enate hus the re ort ng
deadline for participating FFIs is currently on hold.

Singapore
PwC contact
Chris Woo
PricewaterhouseCoopers Singapore Pte. Ltd.
8 Cross Street, #17-00
PWC Building
Singapore 048424
Tel: +65 6236 3688
Email: chris.woo@sg.pwc.com

The 2016 Budget was announced on 24 March 2016. Corporate tax changes include the
following:
• Increase in the corporate tax rebate for years of assessment 2016 and 2017 (income
years 2015 and 2016) to 50% of the tax payable, subject to an annual cap of 20,000
Singapore dollars (SGD).
• Introduction of a 100% investment allowance for capital expenditure (capped at SGD
10 million per project) on approved automation equipment.
• Introduction of an anti-avoidance rule for acquisition of intellectual property (IP)
rights.
• Extension of the safe harbour rule for exemption of gains on disposal of equity
investments.
• Extension and/or enhancements of incentives to support internationalisation,
mergers an a u s t ons ro u t t an nno at on ntens fi at on o an use
finan e an treasur entres the mar t me n ustr g oba tra ng an or orate
social responsibility.
• Extension of tax incentives for trustee companies and the insurance sector, with
adjustments to various concessionary tax rules.
Other tax changes include the following:
• Introduction of a cap of SGD 80,000 on individual tax reliefs with effect from year of
assessment 2018 (income year 2017).
• Deferral of a planned Foreign Worker Levy (FWL) increase for certain industry
sectors.
For details of the 2016 Budget proposals, refer to our 2016 Budget Commentary at www.
pwc.com/sg/en/budget-2016/sg-budget-commentary-2016.html

Companies (resident and non-resident) that carry on a business in Singapore are taxed
on their Singapore-sourced income when it arises and on foreign-sourced income when
it is remitted or deemed remitted to Singapore. Non-residents are subject to withholding
tax (WHT) on certain types of income (e.g. interest, royalties, technical service fees,
rental of movable property) where these are deemed to arise in Singapore (for details,
s i i a s s i ).
a on or orate n ome s m ose at a at rate o here s an e em t on o u to

out o the first o ta ab e n ome
three ear ta e em t on on the first an a art a e em t on o u to

SGD 100,000 on the next SGD 200,000 of taxable income are available for qualifying
310 Singapore PwC Worldwide Tax Summaries

Singapore
start-up companies. This exemption is not available to property development and

investment holding companies incorporated on or after 26 February 2013.
In addition, for the years of assessment 2016 to 2017 (i.e. income years 2015 to 2016),
there is a 50% corporate tax rebate. This rebate is capped at SGD 20,000 per year.
Singapore adopts a one-tier taxation system, under which all Singapore dividends are
tax-exempt in the shareholder’s hands.
orporate residen e
In Singapore, the tax residence of a corporation is determined by the place where the
central management and control of its business is exercised. This is taken generally to
mean the place where the directors meet to exercise de facto control, although the Inland
Revenue Authority of Singapore (IRAS) has set out further guidance.

The presence of a PE is largely irrelevant, except for treaty purposes, as Singapore taxes
with reference to the source of income rather than the presence of a PE.
However, a PE is a clear indication of source.
he efin t on o a n nga ore s oub e ta at on agreements s s arge base

on the Organisation for Economic Co-operation and Development (OECD) Model Tax
on ent on efin t on
t s genera taken to be a fi e a e through wh h the bus ness o an enter r se s

wholly or partly carried on, and normally includes a place of management, a branch, an
o fi e a a tor a worksho an a a e o e tra t on o natura resour es et
In addition, and subject to the terms of the relevant agreements, a non-resident may
have a PE in Singapore if one:
• has a building site or a construction, assembly, or installation project that lasts longer
than a s e fie number o months or su er sor a t t es onne te w th the
building site or construction project
• furnishes services (including consultancy services) through employees in Singapore
or more than a s e fie number o a s or months or
• has an agent in Singapore who has, and habitually exercises, a general authority to
negotiate and conclude contracts on behalf of the enterprise.
S
he nga ore ta eg s at on efines a more broa than most o the s howe er
as mentioned above, this is largely irrelevant where a treaty can take precedence.
t er taxes
GST is charged at 7% on the supply of goods and services made in Singapore by a
taxable person in the course or furtherance of one’s business.
he on e em t ons rom are res r be finan a ser es n u ng e

insurance) and the sale or rental of residential properties. Zero-rating only applies to the
export of goods and international services.
www.pwc.com/taxsummaries Singapore 311

Singapore
GST is also levied on imports of goods, at the time of importation. However, there are
re e s a a ab e to ease the ash ow bur en o m ort e ort tra ers b sus en ng
GST at the time of importation. GST is not currently charged on imports of services.
A taxable person is one who is, or is required to be, registered for GST. GST registration
is required if one’s taxable turnover exceeds SGD 1 million per year. Voluntary
registration is permitted if the taxable turnover is below the registration limit, subject to
conditions.
A supply of goods is made in Singapore if the goods are in Singapore at the time
of supply, and a supply of services is made in Singapore if the supplier belongs in
Singapore. Generally, a person belongs in Singapore if one’s business (including carrying
on a bus ness through a bran h or agen or fi e estab shment s n nga ore
A taxable person is allowed to offset the input GST paid on taxable purchases against the
out ut hargeab e on su es ma e owe er erta n ur hases are s e fi a
denied an input GST deduction. These include supplies of goods and services such as
non bus ness e enses ub subs r t on ees am benefits ar renta e enses
motor vehicle expenses, medical expenses, and transactions involving betting,
sweepstakes, lotteries, fruit machines, or games of chance.
A non-resident is not entitled to GST refunds except by appointing a resident tax agent to
act on one’s behalf. The resident tax agent can then recover import GST paid on behalf
of the non-resident business but will be required to account for output GST on any
subsequent supply of the non-resident’s goods in Singapore.
ustoms and ex ise duties

Singapore is essentially a free port with minimal import restrictions. Customs and
excise duties are imposed on intoxicating liquors, tobacco products, motor vehicles, and
petroleum products.
Property tax
Property tax is levied annually at the following rates on the annual value of houses, land,
buildings, or tenements.
Property Tax rate

Residential property (excluding residential land) Graduated rates from 10% to 20%
Owner-occupied residential property (excluding residential Graduated rates from 0% to 16%
land)
Land and non-residential properties 10%
Stamp duties
Stamp duties are levied on written documents relating to stocks and shares and
immovable property.
tam ut es are t a a ab e b the bu er e bu er s stam ut or

however, seller’s stamp duty (SSD) and additional buyer’s stamp duty (ABSD) have
been introduced as measures to cool the residential property market. Stamp duty rates
on immovable property therefore vary, depending on the date of purchase, the holding
period, the number of properties already owned, and whether the buyer is a foreigner,
Singaporean, or permanent resident. Foreigners of certain nationalities who fall within
the scope of the respective free trade agreements will be accorded the same treatment as
Singaporeans.
Documents relating to the transfer of stocks and shares are subject to stamp duty of 0.2%
on the purchase price or market value of the shares transferred, whichever is the higher.

Singapore
For conveyance of immovable property, there is BSD of up to 3% on the purchase price

or market value, whichever is the higher. There is an ABSD of up to 15% and an SSD
of up to 16% on the price or market value of the property, whichever is the higher,
depending on the type of property (residential or industrial), the residency status of the
buyer, the holding period of the property, and the number of properties owned.
Leases attract duty at 0.4% of the total rent (for leases of up to four years) or 0.4% of
four times the average annual rent for the period of the lease (for leases longer than four
ears but eases w th a erage annua rents not e ee ng are e em t rom
stamp duty.
oreign Worker e y W
he s a month e o u to that em o ers are ab e to a or ea h
foreign employee (Work Permit or S Pass holders) hired. The levy rate depends on
the em o ee s ua fi at ons the em o er s n ustr an the rat o o ore gners to
Singaporeans and permanent residents employed in the company. The government has
announced that levy increases for Work Permit holders in the marine and process sectors
that were originally proposed for 1 July 2016 will be deferred for a year. Other proposed
increases will take place on 1 July 2016, as previously announced.
ayroll taxes
Singapore does not have payroll withholding. When a non-Singapore citizen employee
ceases employment in Singapore, leaves Singapore for an overseas posting, or leaves
Singapore for a period exceeding three months, the employer needs to notify the
Singapore tax authorities once the fact of cessation is known to the employer, unless
the employer is bearing full Singapore taxes for the employee, and withhold all monies
ue unt ta earan e s ssue he not fi at on must be ma e no ater than one month
prior to the date of cessation/departure, or two months from the date of cessation/
departure where the employer is bearing full Singapore taxes for the employee.
Non-Singapore citizen employees are also subject to tax on unexercised/unvested
stock options/awards on a deemed gain basis when they cease employment or leave
Singapore.
Central Provident Fund (CPF)

The CPF is Singapore’s national pension scheme. Contributions are payable by
Singapore citizens and permanent residents only. Generally, employers and employees
contribute 17% and 20%, respectively, of ordinary monthly wages up to an income
ceiling of SGD 6,000. Their respective maximum contributions are therefore SGD 1,020
and SGD 1,200. The rates are applicable to employees aged 55 years and below.
S
These rates also apply to additional wages (e.g. year-end bonus), up to a maximum
contribution of:
• the actual additional wages if the annual ordinary wages are not more than the
ordinary wage ceiling of SGD 72,000 and the total wages are not more than the
maximum contribution of SGD 102,000
• the difference between the maximum contribution of SGD 102,000 and annual
ordinary wages if the total wages exceed the maximum contribution of SGD 102,000
but the annual ordinary wages are not more than the ordinary wage ceiling of SGD
72,000, or
• the lower of the difference between the maximum contribution and the ordinary
wage e ng ess or the a tua a t ona wages annua
ordinary wages exceed the ordinary wage ceiling of SGD 72,000.
Reduced rates apply for employees above the age of 35 who are earning less than SGD
750 per month, and those above 55, although these rates are being gradually increased.

Singapore
Foreign nationals and their employers are precluded from making CPF contributions.
Foreign employees who become Singapore permanent residents, and their employers,
ma ontr bute at re u e rates or the first two ears
Supplementary Retirement Scheme (SRS)

The SRS is a voluntary scheme to encourage employees and the self-employed to save for
retirement over and above their CPF savings. The maximum amount to be contributed
is subject to an income cap of SGD 102,000. Employers are allowed to contribute to
their employees’ SRS accounts. This is subject to a 15% contribution limit for Singapore
citizens and permanent residents, and a 35% cap for foreigners. Employees will be
taxable on these contributions, but will be allowed corresponding tax relief.
Bran in ome
a rates on bran h rofits are the same as on or orate rofits here s no bran h
rofits rem ttan e ta on the re atr at on o rofits to the hea o fi e
n ome determination
n entory aluation
There are no special rules as to which valuation basis should be adopted for inventories
(stock-in-trade) in the case of a continuing business, as long as the basis is consistent
rom one ear to another owe er a ast n first out bas s o a uat on s not
permitted for tax purposes. Generally, tax reporting conforms to book reporting.
apital gains
There is no tax on capital gains. Where there is a series of transactions or where the
holding period of an asset is relatively short, the tax authorities may take the view that
a bus ness s be ng arr e on an attem t to assess the ga ns as tra ng rofits o the
corporation. The United Kingdom (UK) Badges of Trade, which are used in judicial
decisions to distinguish capital and revenue transactions, are generally applied in
eterm n ng th s ssue he n u e the e sten e o a rofit seek ng mot e the number
of transactions, the nature of the asset, the existence of similar trading transactions or
nterests hanges to the asset the wa the sa e was arr e out the sour e o finan e
the nter a o t me between ur hase an sa e an the metho o a u s t on
Gains derived by a company from the disposal of ordinary shares that take place
between 1 June 2012 and 31 May 2022 will not be taxed if the company has held at
least 20% of the ordinary shares in the investee company for a continuous period of at
least 24 months prior to the disposal. This protection does not apply to gains derived
by an insurance company or disposal of shares in certain companies that trade or hold
immovable properties.
i idend in ome
Singapore dividends are exempt in the hands of the recipient.
nterest in ome
Singapore-sourced interest income is taxable when it arises, and foreign-sourced interest
is taxable when it is remitted or deemed to be remitted to Singapore. For further details
on foreign-sourced interest income and the availability of foreign tax credit, refer to Foreign
income below.
oreign in ome
A corporation, whether resident in Singapore or not, is taxed on foreign income when
it is received in Singapore. Legislative provisions govern the basis of treating foreign

Singapore
income as received in Singapore. There are no special rules for taxing the undistributed
income of foreign subsidiaries.
Where income is earned from treaty countries, double taxation is avoided by means of
foreign tax credit granted under those treaties. For non-treaty countries, unilateral tax
credit is given in respect of foreign tax on all foreign-sourced income. These foreign tax
credits may be pooled, subject to certain conditions.
ore gn en s ore gn bran h rofits an ore gn ser e ee n ome rem tte to

nga ore ma be e em t rom ta the u fi erta n on t ons
edu tions
Depreciation
a e re at on s a owab e at s e fie rates on bu ngs use n ua ng n ustr
sectors, subject to conditions. In 2010, industrial building allowances were replaced by a
an ntens fi at on owan e he atter ro es or aster e re at on but s sub e t
to approval as it is allowed as a tax incentive. Transitional provisions for industrial
building allowances are available for taxpayers who committed to qualifying capital
expenditure on or before 22 February 2010.
Tax depreciation is available on machinery and equipment on a straight-line basis

o er the r s e fie work ng e or a t es o bus ness n eu o the stra ght ne
basis, accelerated tax depreciation allowances can be claimed by all businesses on all
machinery and equipment in equal instalments over three years.
A 100% depreciation allowance is available on capital expenditure incurred on

om uters robots stan b generators o ut on ontro an energ e fi ent
equipment, certain diesel-driven vehicles, and prescribed automation equipment.
r t ng own a owan es on a stra ght ne bas s o er fi e ears are a owab e on the

cost of acquisition of IP, subject to certain conditions. Taxpayers acquiring IP in the
to n ome ears ma make an rre o ab e e e t on to a m the wr t ng own
a owan es o er or ears nstea o fi e
n a t on enhan e a owan es ma be a a ab e or the a u s t on o automat on

e u ment an see Productivity and Innovation Credit [PIC] in the Tax credits and
i i s s i ).
Gains on tax depreciable property (i.e. the excess of proceeds over tax base) are taxed as
or nar n ome to the e tent that ta e re at on has been a owe that s there s a S
clawback of tax depreciation on the disposal of the asset.
oodwill
Payments for the acquisition of goodwill are generally capital in nature and not
deductible.
Start up expenses
Generally, expenses incurred prior to the commencement of business are not tax
deductible. However, most businesses are allowed to deduct expenses incurred in the 12
months mme ate re e ng the a ount ng ear n wh h the bus ness earne ts first
dollar of trading income. Deductible expenses are those that would have been allowed a
deduction had they been incurred after the business commenced operations.
In addition, deductions and writing down allowances are available for certain types
of pre-commencement expenditure (acquisition of plant and machinery, research and

Singapore
e e o ment et that are eeme to be n urre on the first a on wh h the

taxpayer carries on one’s business.
nterest expenses
Interest incurred on capital employed in the production of income, and prescribed
borrowing costs that are incurred as a substitute for interest or to reduce interest costs,
will be allowed as a tax deduction.
esear and de elopment expenses

Expenses incurred in respect of R&D carried out in Singapore qualify for a tax deduction
of 150% of the expenses incurred. If the R&D is carried out overseas, the expenses
incurred can be deductible if they meet certain conditions.
Expenditure incurred in relation to R&D cost-sharing arrangements are accorded the

same tax treatment as R&D expenses.
Enhanced deductions may also be available under the PIC scheme (see Productivity and
ai i i a i sa i i s s i ).
Bad debts
Bad trade debts and provisions for trade debts are deductible to the extent that they are
incurred in the business and previously included as trading receipts. Doubtful debts are
e u t b e the are ro er est mate an s e fi enera ro s ons or ba ebts
are not deductible.
us nesses that ha e e e te to a gn the r ta treatment o finan a nstruments w th

the a ount ng treatment res r be b nan a nstruments e ogn t on
and Measurement) will be allowed a tax deduction for impairment losses on trade debts
when the are n urre regar ess o whether the are genera or s e fi ro s ons
Correspondingly, any reversal will be taxed.
Donations are deductible only if they are made in cash or another prescribed form and
to an approved recipient. The deduction allowed for qualifying donations is generally
o the a ue o the onat on howe er ua ng onat ons ma e n were
e g b e or a e u t on at o the a ue o the onat ons us nesses that sen
employees to volunteer and provide services to approved charitable institutions from
1 July 2016 to 31 December 2018 will be allowed to deduct 250% of the wages and
incidental expenses incurred, subject to certain conditions.
ines and penalties

Fines and penalties imposed for violations of the law are not deductible.
Taxes
Income taxes are generally not deductible in determining corporate income. However,
irrecoverable GST is deductible under certain circumstances. The FWL and property
taxes are deductible to the extent they are incurred wholly and exclusively in the
production of income.

Private automobile expenses are not deductible.
The tax deduction for medical expenses is limited to 2% of total payroll if the employer
m ements erta n ortab e me a nsuran e or benefit s hemes therw se the
amount deductible will be limited to 1% of total payroll. Where the company is exempt
or taxed at a reduced rate, the expenses disallowed are effectively taxed at the prevailing
corporate rate.

Singapore
A tax deduction for employee share-based remuneration (stock awards or stock option
schemes) is allowed only if treasury shares in the company or its holding company are
ur hase to u fi su h ob gat ons om an ma a so a m a ta e u t on when the
share-based remuneration scheme is administered by a special purpose vehicle (SPV).
The deduction is restricted generally to the lowest of the actual outlay incurred by the
company, its holding company, or the SPV.
et operating losses
Loss carryover, including unutilised tax depreciation allowance, is unlimited, provided
shareholdings in the loss-making corporation have not changed beyond 50% of
the total number of issued shares. Additionally, for tax depreciation allowances to
be carried forward, the same trade needs to be continued. The tax authorities may
exercise discretion to allow carryover of tax losses and unutilised tax depreciation even
when there has been a change in shareholding beyond 50%, absent any tax avoidance
motives. Losses and tax depreciation of up to SGD 100,000 incurred by the company
in the current year can be carried back for one year. The carryback of losses and tax
depreciation is subject to the continuity of shareholding test and the same trade test for
carryback of tax depreciation.

a ments to non res ents n u ng ore gn a fi ates are e u t b e ro e the are
fair and reasonable, are revenue in nature, and can be seen to be relevant to earning the
payer’s income.
Group taxation
A company is allowed to transfer excess current year trade losses, current year tax
depreciation, and current year approved donations to another company within the same
grou erta n on t ons are sat sfie
Broadly, to qualify for group relief, companies must be incorporated in Singapore,

belong to the same group of companies where, among other things, there must be at
least a 75% ownership relationship between claimant and transferor, and have the same
accounting year-end. In addition, a group must comply with certain prescribed offset
an a ort onment ru es
Trans er pri ing

The Income Tax Act contains provisions that may be used in a transfer pricing context
to effectively allow the IRAS to challenge and revise inter-company transactions.
t ona s e fi trans er r ng ro s ons efine the arm s ength r n e an
provide the IRAS with a right to make transfer pricing adjustments in cases where S
taxpayers do not comply with the arm’s-length principle.
The IRAS has also issued transfer pricing guidelines to supplement the provisions in the
Income Tax Act and the various treaties signed by Singapore. The guidelines cover the
application of the arm’s-length principle and the documentation requirements relating
to all related-party transactions, including local related-party transactions. They provide
guidance to taxpayers on how to substantiate their transfer prices with their related
entities by maintaining adequate documentation to mitigate the risk of tax adjustment
by the IRAS and to safeguard them from potential double taxation. The IRAS has also
provided guidance on matters relating to mutual agreement procedures (MAPs) and
advance pricing arrangements (APAs).
Although Singapore’s income tax rates are traditionally lower than the majority of its
trading partners, the IRAS is increasing its focus on transfer pricing issues, and now
requires taxpayers to maintain contemporaneous transfer pricing documentation.

Singapore
T in apitalisation
There are no formal thin capitalisation rules in Singapore. However, general anti-
avoidance and transfer pricing provisions may operate in cases of abuse.
ontrolled oreign ompanies

There are no CFC rules in Singapore.

here are ar ous ta n ent es a a ab e to ta a ers n o e n s e fie a t t es or
n ustr es ent fie as be ng benefi a to nga ore s e onom e e o ment
Tax incentive applications are typically subject to an approval process during which
the a m n ster ng agen e a uates the a ant s bus ness ans n eta u ess u
applicants are required to satisfy rigorous requirements and are expected to make
s gn fi ant e onom omm tments n nga ore
Generally, applicants are expected to carry out substantive, high value activities in
Singapore, and will be required to commit to certain levels of local business spending
and skilled employment. Some factors that will be considered include the use of
nga ore as a base rom wh h to m ement reg ona growth strateg es ntro u t on
an an hor ng o ea ng e ge sk s te hno og an a t t es n nga ore
ontr but ons to the growth o an nno at on a ab t es an otent a s n o to
the rest of the economy.
ioneer tax in enti e

Corporations manufacturing approved products with high technological content or
ro ng ua ng ser es ma a or ta e em t on or fi e to ears or ea h
qualifying project or activity under the pioneer tax incentive. Corporations may apply
or the r ost oneer rofits to be ta e at a re u e rate un er the e e o ment an
Expansion Incentive, as discussed below.
e elopment and Expansion n enti e

Under the Development and Expansion Incentive, corporations engaging in new
high-value-added projects, expanding or upgrading their operations, or undertaking
n rementa a t t es a ter the r oneer er o ma a or the r rofits to be ta e
at a reduced rate of not less than 5% for an initial period of up to ten years. The total tax
re e er o or ea h ua ng ro e t or a t t s sub e t to a ma mum o ears
(inclusive of the post-pioneer relief period previously granted, if applicable).
n estment allowan e
n er the n estment a owan e a ta e em t on s grante on an amount o rofits
base on a s e fie er entage o u to o the a ta e en ture n urre
or ua ng ro e ts or a t t es w th n a er o o u to fi e ears u to e ght ears
for assets acquired on hire-purchase). Capital expenditure incurred for productive
equipment placed overseas on approved projects may likewise be granted integrated
investment allowances. Investment allowances of 100% of capital expenditure (net
of grants) may be granted to businesses seeking to make substantial investment in
automation, subject to a cap of SGD 10 million per project.
n enti es or internationalisation
A new International Growth scheme provides for a 10% concessionary tax rate on
n rementa n ome rom ua ng a t t es or u to fi e ears h s n ent e s
intended for larger Singapore companies that anchor key functions in Singapore as they
venture overseas.

Singapore
In addition, the double tax deduction scheme for internationalisation allows companies
e an ng o erseas to a m a oub e e u t on or e g b e e enses or s e fie
market expansion and investment development activities. With effect from 1 July 2015,
this includes manpower expenses incurred when Singaporeans are deployed to overseas
entities.
rodu ti ity and nno ation redit

The PIC scheme provides for an enhanced 400% deduction for qualifying expenditure
incurred in respect of six qualifying activities during the accounting periods that end
between an e ears o assessment to he s ua ng
activities are:
• The acquisition or leasing of prescribed IT and automation equipment.

• Staff training.
• The acquisition of IP.
• The registration of IP rights.
• R&D.
• Design.
he enhan e e u t on s a a ab e on on the first o ua ng

expenditure incurred each year on each of the qualifying activities, although, for the
years of assessment 2015 to 2018, qualifying small and medium enterprises may claim
benefits or u to o su h e en ture or ea h ua ng a t t a
ear he a ma be omb ne or erta n ears o assessment erta n a t t es are
subject to approval or minimum ownership requirements.
For the years of assessment 2013 to 2018, the acquisition of IP rights includes licensing
of those rights, other than trademarks and any rights to the use of software.
ergers and a uisitions allowan e

he mergers an a u s t ons a owan e a ows a wr te o o er fi e ears o o the
value of qualifying mergers or acquisitions deals executed between 1 April 2015 and 31
March 2020, subject to a cap of SGD 5 million (SGD 10 million for deals executed from 1
April 2016 to 31 March 2020) per year of assessment. This incentive is available only to
companies that are incorporated, tax resident, and carrying on a business in Singapore.
A 200% tax allowance is also granted on transaction costs (capped at SGD 100,000 per
year of assessment) incurred on qualifying deals.
inan ial ser i es in enti es
Financial sector incentive (FSI) scheme

he s heme o ers a broa range o finan a nst tut ons n u ng bon S
intermediaries, Asian currency units, derivative traders, fund managers, equity capital
market intermediaries, operational headquarters, providers of high-value-added
ro ess ng ser es su ort ng finan a a t t es utures members o the nga ore
Exchange Limited, members of the Singapore Commodity Exchange Limited, providers
of trustee and custodian services, and trust management or administration services.
Financial institutions that plan to expand their Singapore operations and are prepared to
meet various strict qualifying conditions may apply for this incentive.
Under the FSI scheme, income from certain high growth, high-value-added activities,
such as services and transactions relating to the bond market, derivatives market, equity
market, and credit facilities syndication, may be taxed at 5%, while a broader range of
finan a a t t es w ua or a ta rate he ta n ent e er o ma ast or
fi e se en or ten ears sub e t to erta n on t ons be ng met

Singapore
Finance and treasury centre (FTC)

Income derived by an FTC from approved FTC activities is taxed at a reduced rate of
10% (8% from 25 March 2016). Approved activities include international treasury and
un management a t t es or orate finan e an a sor ser es e onom an
investment research and analysis, and credit control and administration.
Interest payments to overseas banks and approved network companies are also exempt
from WHT where the funds borrowed are used for approved activities.
Debt securities incentives

A package of tax concessions is available to various players in the Singapore bond
market n u ng those n o e n erta n s am finan ng arrangements
Offshore insurance incentives

Approved insurance companies engaged in the business of insuring and reinsuring
offshore risks are taxed at a rate of 10% on qualifying income arising from offshore risks
business. The tax exemption for approved insurance companies for qualifying income
from the writing of marine hull and liability risk insurance expired on 31 March 2016
and was replaced with a 10% concessionary tax rate for awards granted or renewed
from 1 April 2016. The tax exemption for offshore specialised risk insurance is due to
expire on 31 August 2016. It will be replaced by a 5% concessionary tax rate for awards
grante between e tember an ugust an an ta rate w a
for awards granted thereafter. The incentive will also be expanded to cover onshore
specialised risk insurance from 1 September 2016.
Tax exemption is available for qualifying income of approved offshore captive insurance
companies until 31 March 2018. Awards granted or renewed after that date will enjoy a
10% concessionary tax rate.
Approved insurance and reinsurance brokers are taxed at a rate of 10% on commission
income from broking activities if the risks being insured or reinsured are offshore risks
and on fee income from advisory services provided to non-Singapore based clients.
The concessionary tax rate is further reduced to 5% on qualifying income for approved
insurance and reinsurance brokers in respect of the offshore specialty insurance broking
business.
Real Estate Investment Trusts (REITs)

Distributions made to foreign non-individual investors by a listed REIT out of rental
income from Singapore real estate are subject to a reduced tax rate of 10%, subject to
certain conditions being met. Listed REITs investing in foreign properties can apply for
tax exemption for certain foreign income received in Singapore. Distributions out of this
income similarly are exempt. A GST remission is granted to listed REITs to allow them
to claim GST on their business expenses regardless of whether the underlying assets are
held directly or indirectly through SPVs or sub-trusts.
Islamic nancing arrangements

he n ome ta stam ut an treatment o res r be s am finan ng
arrangements and Islamic debt securities (Sukuk) are aligned with that of the
on ent ona finan ng ontra ts to wh h the are e onom a e u a ent sub e t to
certain conditions.
Infrastructure pro ect nance incentives

Tax exemption is available for interest income earned from qualifying investments
in qualifying infrastructure projects/assets. FSI companies that provide project
finan e a sor ser es re ate to ua ng ro e ts assets a ta at or
on their qualifying income, and companies that provide management services to
qualifying business trusts and funds pay tax at 10% on their qualifying income. Stamp
ut rem ss on s a so a a ab e on the trans er o su h ro e ts assets to ste ent t es

Singapore
Sovereign wealth funds

Tax exemption is available for income derived by a sovereign fund entity and an
approved foreign government-owned entity from funds managed in Singapore.
ead uarters s emes

Approved regional headquarters in Singapore are taxed at a concessionary rate of tax of
15% on qualifying overseas income. Depending on their level of economic commitments
to Singapore, international headquarters can apply for various tax incentives, including
tax exemption or concessionary tax rates on qualifying income.
aritime Se tor n enti e S s eme

The MSI scheme is the umbrella incentive for the maritime sector. Incentives offered
include tax exemption for shipping companies and a 10% concessionary tax rate for
international freight and logistics operators. Approved ship investment managers
are a so ta e at on ua ng management re ate n ome he s heme a so
n u es a ro e sh n estment eh es wh h are ta e em t on the r ua ng
esse ease n ome a ro e onta ner n estment enter r ses wh h are ta e at
or on ua ng n ome rom onta ner eas ng an a ro e onta ner n estment
management companies, which are taxed at 10% on qualifying management fees.
Qualifying ship operators and lessors under the MSI scheme also enjoy automatic tax
exemption on gains from the disposal of vessels, vessels under construction, and new
building contracts.
t er in enti es
n ent es or not or rofit organ sat ons nternat ona arb trat on o tra ers
international traders, trust companies, and the provision of international legal services
include tax exemptions or concessionary tax rates of 10% for qualifying income.
he on ess onar ta rate or uefie natura gas tra ng a r ra t eas ng
ua ng o tra ers an nternat ona tra ers ma be urther re u e to
oreign tax redit

i i i i ai s i a s i i i a
credit regime.
Wit olding taxes

Domestic corporations paying certain types of income to non-residents are required to
withhold tax.
Unless a lower treaty rate applies, interest on loans and rentals from movable property S
are subject to WHT at the rate of 15%. Royalty payments are subject to WHT at the rate
o he ta w thhe re resents a fina ta an a es on to non res ents who are
not carrying on any business in Singapore and who have no PE in Singapore. Technical
assistance and management fees for services rendered in Singapore are taxed at the
re a ng or orate rate owe er th s s not a fina ta o a t es nterest renta o
movable property, technical assistance, and management fees can be exempt from WHT
n erta n s tuat ons or sub e t to a re u t on n ta rates usua un er fis a n ent es
or DTAs.
Payments made to public entertainers and non-resident professionals who perform

ser es n nga ore are a so sub e t to a fina ta o on the r gross n ome or
ub enterta ners th s a ears to be a fina ta un ess the ua to be ta e as
Singapore tax residents. However, non-resident professionals may elect to be taxed at
the prevailing tax rate for non-resident individuals of 22% on net income if this results in
a lower tax cost. The WHT rate on payments to non-resident entertainers was reduced to
10% from 22 February 2010 to 31 March 2020.

Singapore
Ship charter fee payments are not subject to WHT.
The WHT rates are shown in the following table.
Resident individuals 0 0 0
Resident corporations 0 0 0
Non-resident corporations and

individuals:
Non-treaty 0 15 10
Treaty:
Albania 0 5 (3b) 5
Australia 0 10 10 (4a)
Austria 0 5 (3b, d) 5
Bahrain 0 5 (3b) 5
Bangladesh 0 10 10 (4a)
Barbados 0 12 (3b) 8
Belarus 0 5 (3b) 5
Belgium 0 5 (3b, d) 3/5 (4b)
Bermuda (5a) 0 15 10
Brazil (5c) 0 15 10
Brunei 0 5/10 (3a, b) 10
Bulgaria 0 5 (3b) 5
Canada 0 15 (3e) 10
Chile (5b) 0 15 10
China, People’s Republic of 0 7/10 (3a, b) 6/10 (4b)
Cyprus 0 7/10 (3a, b) 10
Czech Republic 0 0 0/5/10 (4b, 4c)
Denmark 0 10 (3b) 10
Ecuador 0 10 (3a, b) 10
Egypt 0 15 (3b) 10
Estonia 0 10 (3b) 7.5
Fiji Islands, Republic of 0 10 (3b) 10
Finland 0 5 (3b) 5
France 0 0/10 (3b, c) 0 (4a)
Georgia 0 0 0
Germany 0 8 (3b) 8
Guernsey 0 12 (3b) 8
Hong Kong (5c) 0 15 10
Hungary 0 5 (3b, d) 5
India 0 10/15 (3a) 10
Indonesia 0 10 (3b, e) 10
Ireland 0 5 (3b) 5
Isle of Man 0 12 (3b) 8
Israel 0 7 (3b) 5
Italy 0 12.5 (3b) 10
Japan 0 10 (3b) 10
Jersey 0 12 (3b) 8
Kazakhstan 0 10 (3b) 10
Korea, Republic of 0 10 (3b) 10
Kuwait 0 7 (3b) 10
Latvia 0 10 (3b) 7.5

Singapore
Libya 0 5 (3b) 5
Liechtenstein 0 12 (3b) 8
Lithuania 0 10 (3b) 7.5
Luxembourg 0 0 7
Malaysia 0 10 (3b, f) 8
Malta 0 7/10 (3a, b) 10
Mauritius 0 0 0
Mexico 0 5/15 (3a, b) 10
Mongolia 0 5/10 (3a, b) 5
Morocco 0 10 (3b) 10
Myanmar 0 8/10 (3a, b) 10
Netherlands 0 10 (3b) 0 (4a)
New Zealand 0 10 (3b) 5
Norway 0 7 (3b) 7
Oman 0 7 (3b) 8
Pakistan 0 12.5 (3b) 10 (4a)
Panama 0 5 (3b, d) 5
Philippines 0 15 (3e) 10
Poland 0 5 (3b) 2/5 (4b)
Portugal 0 10 (3b, f) 10
Qatar 0 5 (3b) 10
Romania 0 5 (3b) 5
Russian Federation 0 7.5 (3b) 7.5
Rwanda (5d) 0 10 (3a) 10
San Marino 0 12 (3b) 8
Saudi Arabia 0 5 8
Seychelles 0 12 (3b) 8
Slovenia 0 5 (3b) 5
South Africa 0 0 5
Spain 0 5 (3b, d, f, g) 5
Sri Lanka 0 10 (3a, b) 10 (4a)
Sweden 0 10/15 (3b, c) 0 (4a)
Switzerland 0 5 (3b, d) 5
Taiwan 0 15 10
Thailand 0 10/15 (3a, b, h) 5/8/10 (4e) S
Turkey 0 7.5/10 (3a, b) 10
Ukraine 0 10 (3b) 7.5
United Arab Emirates 0 0/7 (3b, 5d) 5
United Kingdom 0 5 (3a, b, i) 8
United States (5c) 0 15 10
Uzbekistan 0 5 8
Vietnam 0 10 (3b) 5/10 (4d)
Notes
1. inga ore has no on dividends over and above the ta on the rofits o t of which the dividends
are declared. However, some treaties provide for a maximum WHT on dividends should Singapore
impose such a WHT in the future.
2. he non treat rates a final ta a l onl to non residents who do not carr on b siness in
Singapore and who do not have a PE in Singapore. This rate may be further reduced by tax
incentives.
3. Interest:

Singapore
a. ower rate or e em tion if received b a financial instit tion.

b. Exempt if paid to the government.
c. Lower rate or exemption if paid by an approved industrial undertaking.
d. Exempt if paid by a bank and received by a bank.
e. em t if aid to a bank b t linked to a government loan agreement or aid to s ecific financial
institutions/banks.
f. Exempt if paid in respect of an approved loan or indebtedness.
g. Exempt if paid to an approved pension fund.
h. rom 1 an ar 201 , lower rate if aid to a financial instit tion or ins rance com an or aid
with respect to indebtedness arising from a sale on credit of any equipment, merchandise, or
services.
i. em t if aid b a financial instit tion.
4. Royalties:
a. o alties on literar or artistic co rights, incl ding film ro alties, are ta ed at the non treat rate.
b. ower rate for a ments in connection with ind strial, commercial, or scientific e i ment.
c. o alties on literar , artistic, or scientific work, e ce t com ter software, b t incl ding film
royalties, are exempt.
d. Lower rate for payments in connection with patents, designs, secret formulas/processes, or
ind strial, commercial, or scientific e i ment/e erience.
e. rom 1 an ar 201 , lower rate of for ro alties on co right of literar , artistic, or scientific
work, incl ding cinematogra h films, or films or ta es sed for radio or television broadcasting,
and 8% for royalties in connection with patents, trademarks, designs or model, plan, secret
form la, or rocess, or ind strial, commercial, or scientific e i ment.
5. Treaties:
a. Treaty with Bermuda covers only the exchange of information.
b. Treaty with Chile covers only international ship operations.
c. Treaties with Brazil, Hong Kong, and the United States cover only shipping and air transport
activities.
d. Treaty or lower rate applies from 1 January 2017.
Tax administration
Taxable period
he ta bas s er o s the a en ar ear howe er or bus ness rofits the a ount ng
period will generally be adopted.
Tax returns
Tax is computed for each tax year based on the income earned in the preceding year
the ta bas s er o he or orat on fi es an est mate o ts n ome w th n three
months of the end of the accounting period followed by a return of income by 30
November of the tax year, and the tax is assessed by the Comptroller of Income Tax.
or orat ons that fi e the r ta returns e e tron a en o an e ten e fi ng ea ne
o e ember an ator e e tron fi ng o ta returns w be ntro u e gra ua
erta n om an es w be re u re to fi e e e tron a rom ear o assessment
n ome ear an b ear o assessment n ome ear a om an es
are e e te to ha e a o te e e tron fi ng here s no fi e ate or the ssue o
assessments.
ayment o tax
Assessed tax is payable within one month after the service of the notice of assessment,
whether or not a notice of objection to the assessment has been lodged with the tax
authorities. Application may be made to the Comptroller to pay estimated tax liabilities
on a monthly basis. However, the Comptroller is under no obligation to grant such
an a at on
Late payment of tax will attract penalties, up to a maximum of 17% of the outstanding
tax.
Tax audit pro ess

The IRAS adopts a risk-based approach to identifying compliance risk, with a focus on
improving the behaviour of taxpayers who pose a higher risk of non-compliance. It also
r or t ses an ta ors s e fi om an e rogrammes that a m to ent ta a ers
who have made mistakes in their tax returns, create an audit presence in the community
to deter non-compliance by other taxpayers, educate taxpayers on their tax obligations

Singapore
and how to comply with these, and identify areas of tax law, policies, and processes
where the ta s stem an be s m fie
The statute of limitations is four years from the year of assessment, but does not apply
where there has been fraud or wilful default by the taxpayer.

In the past, the IRAS has focussed its compliance efforts on:
• the t me fi ng o or orate ta returns

• PIC claims
• the ass fi at on o n ome an e enses or n ome ta ab e at on ess onar an
prevailing corporate tax rates
• group relief claims
• tax exemption for foreign-sourced dividends, and
• the recognition of income from construction contracts and provisions claimed by
construction companies.
The IRAS has announced that, in addition to the above, it will be focussing on:
• wholesale of chemical and chemical products, and

• travel agencies and ticketing agents.
t er issues
Ex ange o in ormation E
The Singapore government introduced several key measures to strengthen Singapore’s
EOI framework after endorsing the internationally agreed standard for exchange of
n ormat on or ta ur oses the tan ar n
Singapore has amended its laws such that it is now able to extend EOI assistance to all
existing tax treaty partner jurisdictions without having to update the terms of those
treaties.
Singapore is also a signatory to the Convention on Mutual Administrative Assistance

n a atters o ow ng ts rat fi at on on anuar an the ssue o
domestic implementation legislation, it has become operative from 1 May 2016 and will
expand Singapore’s network of partners for EOI on request by 34 jurisdictions. It should,
however, be noted that Singapore has made various reservations in implementation in
accordance with local laws, including not providing assistance in the recovery of foreign S
taxes.
Legislative changes intended to allow Singapore to implement its international

omm tment to ommen e automat e hange o finan a a ount n ormat on
in 2018 are in the process of being introduced. It has been announced that AEOI will
be carried out on a bilateral basis with jurisdictions with which Singapore has signed
Competent Authority Agreements. This will be subject to the following:
• hat there s a e e a ng fie among a ma or finan a entres n u ng uba

Hong Kong, Luxembourg, and Switzerland, to minimise regulatory arbitrage.
• That AEOI partners have strong rule of law and the ability to ensure the
onfi ent a t o n ormat on e hange an re ent ts unauthor se use
• That there is full reciprocity with AEOI partners in terms of information exchanged.
In this regard, it has been indicated that Singapore will prioritise the implementation
with jurisdictions with strong rule of law, such as the United Kingdom and France.

Singapore
Singapore has also signed a Model 1 Foreign Account Tax Compliance Act (FATCA)
intergovernmental agreement (IGA) with the United States to help ease the compliance
bur en o nga ore base finan a nst tut ons h s entere nto or e on ar h
2015.
doption o nternational inan ial eporting Standards S

Companies incorporated in Singapore and Singapore branches of foreign companies are
re u re b the om an es t to re are an resent finan a statements that om
with the Singapore Financial Reporting Standards (SFRS). In Singapore, the Accounting
tan ar s oun has the statutor author t to ssue or a o t on
The SFRS is principally based on and substantially similar to IFRS that are issued by
the International Accounting Standards Board (IASB). Full convergence of the SFRS
with IFRS for Singapore-listed companies was the strategic direction of the ASC set in
an on a the an nga ore hange o nt announ e that
nga ore ste om an es w ha e to a a new finan a re ort ng ramework
identical to the IFRS for annual periods beginning on or after 1 January 2018. Non-listed
companies may voluntarily apply the new framework.
om an es are re u re to subm t finan a statements as art o the r ta return fi ng

he genera a e ts finan a statements re are or statutor fi ng a though
om an es that ha e been a owe to re are the r finan a statements us ng stan ar s
other than SFRS, such as IFRS or the Generally Accepted Accounting Principles (GAAP)
adopted by the United States, may be required to explain and/or account for any
differences and make the necessary tax adjustments, if any.
n re at on to finan a nstruments the n ome a t was amen e to a gn the ta

treatment w th the a ount ng treatment res r be b nan a nstruments
Recognition and Measurement). As a concession, the IRAS allows taxpayers to elect to
align their tax reporting of lease income to the accounting treatment prescribed by SFRS
17 (Leases), which requires operating lease income to be recognised using the ‘effective
rent method’.
Sample orporate tax al ulation

For a sample corporate tax calculation, see the Other issues section of Singapore’s Corporate
tax summary at www.pwc.com/taxsummaries.

Sri Lanka
PwC contact
Sujeewa Mudalige
100 Braybrooke Place
Colombo 2
Sri Lanka
Tel: +94 11 7 719700 ext. 3001
Email: sujeewa.mudalige@lk.pwc.com

Capital allowance is granted on 100% of the cost of plant, machinery, or equipment
acquired and used in any new undertaking commenced on or after 1 April 2015 for
manufacture of products for export, with an investment of less than 2 million United
States dollars (USD).
Fees for technical services paid to persons overseas directly or indirectly by a person in
r anka are eeme to be rofits an n ome ar s ng n or er e rom r anka r
Lanka source income), and withholding tax (WHT) at 20% is deductible at source.
Effective from the tax year 2016/17, corporate income tax (CIT) rates are revised to
three tax rates of 40%, 28%, and 17.5%.

Resident companies and public corporations are liable for CIT on their worldwide
taxable income. Non-resident companies are liable for CIT of their Sri Lanka-source
taxable income.
CIT rates are based on the nature of the income and the institution earning the income,
as follows:
CIT rate (%)

Income/Institution 2015/16 2016/17
Undertaking for manufacture of any product for export or for supply to an 10 17.5
exporter for export, being a product having domestic value addition over
65% and a Sri Lanka brand name with patent rights received in Sri Lanka
Undertaking for operation and maintenance of facilities for storage, local 10 17.5
development of software, or supply of labour S
Agricultural undertakings referred to in Section 16 of the Act 10 17.5
Educational services 10 17.5
Undertaking (not being a holding company, subsidiary company, or any 12 17.5
associate company of a group of companies) with an annual turnover not
exceeding 750 million Sri Lankan rupees (LKR), other than buying and
selling activities
Unit trusts and mutual funds * 10 17.5
Unit trust management companies 10 17.5
Profits on o ltr farming 10 17.5
Shipping agents approved by the Director of Merchant Shipping in 12 17.5
res ect of rofits attrib table to agenc fees connected to transhi ment
activity and received in foreign currency
www.pwc.com/taxsummaries Sri Lanka 327

Sri Lanka
CIT rate (%)

Income/Institution 2015/16 2016/17
Companies engaged in non-traditional export (other than exempt), 12 17.5
incl ding deemed e orters and s liers of s ecified services to
garment exporters; performance of any service of ship repair, ship
breaking, and refurbishment of marine cargo containers; and provision of
computer software, programmes, systems, or recording of computer data
paid for in foreign currency
Undertakings engaged in agriculture, manufacture of animal feed, 12 17.5
promotion of tourism, or construction work carried on by a resident
person
Venture capital companies 12 17.5
Petroleum exploration 12 17.5
Local manufacture of handloom products 12 17.5
Healthcare services 12 17.5
Joint venture between a grower cum manufacturer or a manufacturer of 12 17.5
tea with a tea exporter for exporting Sri Lanka tea in value added form, on
the manufacturing income attributable to the quantum of tea purchased
Profits from o erating an mini h dro ower ro ect or other alternative 12 17.5
energy source
Profits on s l of goods man fact red in ri anka or rovision of 12 17.5
services to foreign ships for payment in foreign currency
Profits on sale of an rod ct man fact red in ri anka for a ment in 12 17.5
foreign currency through foreign exchange earning account
Profits on e ort of organic tea in b lk 12 17.5
Undertaking for the manufacture of sugar 12 17.5
Sale of goods manufactured in Sri Lanka by an export oriented Board of 12 17.5
Investment (BOI) enterprise, up to the quantity approved by the BOI, to:
• an enter rise en o ing ta holida nder ection 16C, 16 , or
1 A of the nland even e Act or the trategic evelo ment Pro ects
Act that is ermitted to im ort ro ect related goods or raw materials
on a d t free basis d ring the ro ect im lementation eriod, or
• an erson eligible to im ort s ecific goods on a d t free basis
under any government authority.
(Treated as deemed export of the manufacturer.)
Profits and income of an com an listing its shares on or after 1 A ril 50% of the 17.5
2013 and issuing more than 20% of its shares to the general public applicable
for the tax year in which such shares are listed and for two years of rate
assessment immediately succeeding that year of assessment
Research and development (R&D) activities 20 17.5
Branch of commercial bank dedicated to development banking 24 28
Any company engaged in the manufacture of any article or in the 28 -
rovision of an service banks, incl ding rofits from offshore banking
activities; public corporations and government-owned business
undertakings; and holding companies, subsidiary companies, or
associated companies of a group of companies
anking and financial services, ins rance ind stries, trading activities - 28
(including any primary preparation for the adapting for sale of any article)
Manufacture and sale, or import and sale, of liquor or tobacco products 40 40
Business of lottery, betting, or gaming activity 40 40
Profit and income from b siness, other than stated above - 17.5
Other sources (e.g. dividends, interest income, royalties) 28 28
* Unit trusts and mutual funds are treated like resident companies for CIT purposes. Units of investment
are treated like company shares, and returns to investors are treated like company dividends.
328 Sri Lanka PwC Worldwide Tax Summaries

Sri Lanka
i idend tax
A dividend tax is payable at 10% on the gross dividends distributed by a resident
company, other than such dividends distributed out of any dividend received from
another resident company (and few other exceptions).
eemed di idend tax

A deemed dividend tax of 15% is payable by any resident company in any tax year if the
said company has, in the preceding tax year, distributed dividends of less than 10% of
the str butab e rofits u efine or that re e ng ta ear
he ta base or the eeme en ta s the book rofits o the om an

reduced by the aggregate of the CIT payable by that company for that tax year, the cost
incurred by the company in that tax year in the acquisition of any land or any capital
asset an an not ona rofit om ute on the bas s o a re a uat on o an a ta
asset n u e n su h book rofit an n rease b the aggregate o the a owan e or
depreciation deducted in respect of any capital asset acquired in that tax year and any
notional loss computed on the basis of a revaluation of any capital asset included in such
book rofit
Spe ial tax on publi orporations

In the case of a public corporation, where not less than 75% of the capital is provided
b the go ernment other than a a oan a ta o o the ba an e rofits a ter
deducting CIT payable, will be charged. However, where the total gross dividends
distributed are not less than 25% of such balance, no special tax will be charged in
the relevant years. Where the total gross dividends distributed are less than 25% of
such balance, the tax chargeable will be the difference between such balance and the
dividends distributed.
emittan e tax
here rofits o a non res ent om an are rem tte n a ta ear a rem ttan e ta o
10% of the remittances is payable.
o al in ome taxes
There is no local or provincial income tax in Sri Lanka.
orporate residen e
A company is treated as resident for tax purposes in Sri Lanka if its registered or
r n a o fi e s n r anka or the ontro an management o ts bus ness s
exercised in Sri Lanka.
S
PE is only a treaty concept in Sri Lanka. If a non-resident company creates a PE in Sri
Lanka in terms of a double tax treaty (DTT), then such company is liable to Sri Lanka
CIT. In the absence of a DTT, the domestic tax laws will apply.
t er taxes
alue added tax T
VAT is payable on imported goods and on the supply of goods (including wholesale
and retail trade where the turnover, liable supplies, per quarter is not less than LKR 3
m on an ser es n r anka ro s ons are ma e or fi ng returns month or
uarter base on s e fie r ter a en where returns an be fi e uarter the ta
payments are required to be made on a monthly basis by manufacturers and on a half-
month bas s b others erta n s e fie m orts an omest a su e goo s an
or services are exempt.

Sri Lanka
VAT is payable on the prescribed valuations of imports and domestic supplies at a

stan ar rate o as o a re ous orts an erta n s e fie
international services are zero-rated.
Registration for VAT arises only if the quarterly value of taxable supplies exceeds LKR
3 million as of 2 May 2016 (previously LKR 3.75 million) or the annual value of taxable
supplies exceeds LKR 12 million as of 2 May 2016 (previously LKR 15 million).
The input tax paid on the imports and supplies of goods (including capital goods)
and services in a month, and used in the business of making taxable supplies in that
month, can be deducted from the tax payable (output tax) on such supplies, subject to a
limitation of the lesser of 100% of output tax or the actual input tax paid.
Refunds of excess VAT paid are available to zero-rated supplies, to suppliers who are
ua fie to ssue sus en e ta n o es an to new bus nesses reg stere un er
e t on o the t s m fie s heme has been ntro u e to re e e
ero rate su ers an other ua fie su ers rom the bur en o a ng n ut
thereby obviating the need for the issue of refunds.
ustoms duties
Customs duty is levied on the value for customs duty (i.e. transaction value). World
Trade Organization (WTO) rules on customs valuations are implemented. Sri Lanka
has a s m fie three t er tar stru ture he rates are ub she n the go ernment
gazettes. The current rates are 15%, 30%, and 0% (applies to few goods).
Special Commodity Levy

e a ommo t e s m ose on erta n ommo t tems at the rate s e fie
by the Minister by order published in the gazette at the point of importation of such
commodities. Special Commodity Levy is covered by the Director General of Customs.
Special Commodity Levy is a composite levy, and no other tax, duty, levy, cess, or other
harge s m ose n terms o an other aws s e fie as a ab e n res e t o the
ommo t es s e fie n an su h or er
Ex ise duties
Excise duties and special excise levies are charged on tobacco, cigarettes, liquor, motor
vehicles, selected petroleum products, paints, air conditioners, dishwashers, household
washing machines, and other products at various rates and at unit rates.
Stamp duty
tam ut s a ab e on s e fie nstruments an o uments at rates res r be n the
Gazette.
E onomi Ser i e arge ES

As of 1 April 2016, ESC is payable quarterly by all businesses at 0.5% (previously 0.25%)
of the aggregate turnover of the trade, business, profession, or vocation if the total
turnover exceeds LKR 50 million for that quarter. ESC so paid is deductible from the
CIT payable for that tax year. ESC is not refundable but can be carried forward for two
immediately succeeding tax years to be set off against CIT payable.
ation Building Tax BT

NBT is chargeable at 2% from every person (a person includes a company) who imports
any article on the ‘liable turnover’ from such importation, who carries on the business
of manufacture of any article, who provides a service of any description, or on the
wholesale or retail sale of any article (other than such sale by the manufacturer of
that art e on the ab e turno er o the re e ant uarter erta n s e fie art es or
services are exempt from NBT.

Sri Lanka
The threshold for NBT is LKR 3 million as of 2 May 2016 (previously LKR 3.75 million)
per quarter, or LKR 12 million per annum as of 2 May 2016 (previously LKR 15 million).
Liable turnover means:
• In the case of importers, the value of any article ascertained under Section 6 of the
VAT Act for the purpose of importation.
• In the case of manufacturers, the proceeds receivable, whether received or not, from
the manufacture and sale of goods in Sri Lanka.
• In the case of service providers, the proceeds receivable, whether received or not.
• In the case of wholesale or retail traders, the proceeds receivable, whether received
or not, other than pharmaceuticals, gems and jewellery sold for payment in foreign
currency, and any article subject to the Special Commodity Levy sold by an importer.
In case of wholesale and retail traders, 50% of the liable turnover will be taxed at a zero
rate an the rema n ng w be ta e at n the ase o a str butor as efine
in the ESC Act, 75% of the liable turnover will be taxed at a zero rate and the remaining
25% will be taxed at 2%.
Bad debts, VAT, excise duty (other than such excise duty paid on importation) rebate
under export development, or services in relation to an international event should not be
included in the liable turnover.
onstru tion ndustry uarantee und e y

As of 1 January 2016, Construction Industry Guarantee Fund Levy has been removed.
This levy was payable by each construction contractor or subcontractor on the contract
value arising from any contract entered into, calculated at rates varying from 0.25% to
1%, depending on the value of the construction contract.
Tourism de elopment le y
Tourism development levy is payable by tourist hotels and institutions licensed under
the Tourist Development Act on the turnover of such institution at the rate of 1%.
Employees ro ident und E

m o ers an em o ees are re u re to ontr bute s e fie er entages em o er
12%, employee 8%) of each employee’s monthly emoluments/salary to the EPF
established by the government. Alternatively, employers and employees can contribute
to certain private provident funds approved by the labour authority.
Employees Trust und

m o ers are a so re u re to ontr bute a s e fie er entage urrent o ea h
employee’s monthly emoluments/salary to the Employees Trust Fund established by the S
government.
S are transa tion le y

Share transaction levy at the rate of 0.3% is chargeable from both the buyer and the
seller on the sale value of listed shares transacted through the Colombo Stock Exchange.
This levy was temporarily suspended from 1 January 2016 to 15 April 2016.
o al taxes
Taxes (more usually called rates) are currently assessed and collected annually from the
owners of land and premises by the local authorities of the areas in which the properties
are located. These authorities also charge and collect annual licence fees from certain
businesses.

Sri Lanka
Bran in ome
Foreign companies are permitted to register a place of business as an ‘overseas company’
in Sri Lanka under local company law, where the business carried on conforms to the
stipulations made under the Exchange Control Law.
An overseas company registered under the Companies Act may also carry on in Sri Lanka
any non-commercial, non-trading, or non-industrial activities, such as the activities
un ertaken or arr e on b a a son o fi e re resentat e o fi e reg ona o fi e or
other s m ar o fi e ro e su h a t t es o not re t or n re t ro e an
income to the company.
In addition to paying the standard CIT, a trading branch is also subject to the 10%
rem ttan e ta on rem ttan e o ts a ter ta rofits to ts ore gn hea o fi e
The Sri Lanka-source income of foreign companies from a local ‘place of business’ is
taxed at the CIT rate. However, under most DTTs that Sri Lanka has entered into, the
income of a project carried out will not be liable for CIT if its duration is less than the
er o s e fie n the treat on erne
Where branch or project income is liable for CIT but the income is not readily
ascertainable, the tax authority may prescribe that the income be computed on a fair
percentage (not less than 6%) of the branch or project turnover in Sri Lanka.
n ome determination
us ness a ount ng or ur oses shou un ess otherw se s e fie b the ta
statute, conform to Sri Lanka Accounting Standards.
n entory aluation
Inventories should be measured at the lower of cost and net realisable value.
apital gains
There is no capital gains tax. Capital gains from transfer of property are exempt from
CIT.
i idend in ome
Resident company dividends paid on shares held by resident or non-resident persons
are not assessable to the recipients if income tax is withheld on such dividends (see
i i a s s i ), the dividends are exempt from income tax, or the
dividends are paid out of dividends received from resident companies.
Stock dividends
Stock dividends (bonus shares) are not taxable in the hands of a shareholder at the
t me o ssue howe er where su h shares are a ta se out o om an rofits an
there is a return of this capital to the shareholder within six years from the date of issue,
the amount of capital returned to the extent of the paid-up value of the bonus shares
s treate b efin t on as a en an s ta ab e n the han s o the shareho er
However, if the shareholder is a company, this dividend may not be assessable, as
explained above.
nterest in ome
Interest income forms part of the total statutory income, provided it is not exempt under
the tax statute.
The interest income exempt from taxes includes interest accruing on money lying in a
foreign currency account in any commercial bank; interest accruing to any person or

Sri Lanka
partnership outside Sri Lanka in respect of any loan granted in a foreign currency by
that person or partnership to the government of Sri Lanka, any public corporation, any
government institution, any commercial bank, or any other undertaking if the loan is
granted on or after 1 April 2012; or interest accruing to any person on moneys invested
in government bonds denominated in a foreign currency.
oreign in ome
Foreign income of a resident person forms part of the total statutory income, provided it
is not exempt under the tax statute.
edu tions
n as erta n ng the tota n ome ab e to rom the finan a a ounts fi e b a
company, deductions from revenue are permitted for outgoings and matching expenses
incurred in producing the income, including special deductions.
epre iation
An annual allowance for depreciation for wear and tear is calculated at:
• 100% for software developed in Sri Lanka, or any plant, machinery, or equipment for:
• energy purposes, which provide more than 30% of the total requirement of the
power generation out of alternative energy resources, or
• the estab shment o a roker a k fi e stem to be om ant w th the
Colombo Stock Exchange (CSE) requirement in relation to the risk management
systems acquired on or after 1 April 2013.
• 50% for plant, machinery, or equipment for:
• any export industry
• technology upgrading purposes, or
• introducing any new technology acquired on or after 1 April 2013.
• 331/3% for other plant, machinery, or equipment for a period of three years.
• 25% of the cost of any information technology for a period of four years.
• o the ost o a u s t on o an motor eh e or urn ture or a er o o fi e
years.
• o the ost o an ua fie bu ng or a er o o ten ears
• 100% for plant, machinery, or equipment acquired and used in any new undertaking
commenced on or after 1 April 2015 for manufacture of products for export, with
investment of not less than USD 2 million.
The cost of renewal of any capital asset, if no allowance is available, is deductible for the
ur ose o as erta n ng rofits an n ome
S
oodwill
Amortisation is not allowed on the acquisition of goodwill.
ormation or li uidation expenses o a ompany

In the case of a company, expenses incurred in the formation or liquidation of that
company are allowed in computing the taxable income.
nterest expenses
Interest paid or payable on borrowings for purposes of business are deductible, subject
to the thin capitalisation rules (s a a i s i ).
Bad debts and doubt ul debts

A sum equal to the bad debts incurred in any trade, business, profession, or vocation that
ha e be ome ba ebts ur ng the er o or wh h the rofits are be ng as erta ne s
allowed for tax purposes.

Sri Lanka
n the ase o a bank or finan a nst tut on e u t b t o a s e fi ba ebt ro s on

is restricted to the lesser of the actual amount of the provision or 1% of the aggregate
ebts as o the en o the er o or wh h rofits are as erta ne
Relief is available as a deduction from assessable income for contributions in money
to an approved charity, provided the charity is established for the provision of
institutionalised care for sick or the needy, and contributions in money or in kind to the
go ernment o r anka he e u t on or the ormer s sub e t to a e ng o one fi th
of the assessable income of the company. In the case of the latter, there is no limit to the
deduction, and any un-recouped excess of such contributions over the assessable income
can be carried forward and deducted from the following year’s assessable income and so
on.
Termination gratuities
Termination gratuities paid to employees on cessation of business and annual payments
made to an approved fund, held for payment under compulsory legislation of gratuities
to employees upon termination of their services, are deductible.
oyalties and ground rents

Any royalty or ground rent paid is deductible.
ines and penalties

Fines and penalties, paid or payable, are not deductible for tax purposes.
Taxes
Sri Lanka income tax payable or any income tax or other similar tax payable in any
country with which Sri Lanka has a DTT is not deductible, other than the excess of the
foreign-country tax on doubly taxed income over the maximum amount of the credit
allowed in the foreign country for the Sri Lanka income tax on that income.
Taxes paid in a foreign country that does not have a tax treaty with Sri Lanka may be
deducted.
NBT paid/payable is fully deductible.
Input VAT is not deductible from CIT if it is creditable against output VAT.
Any other prescribed tax or levy is not deductible.
on dedu tible expenses

Deductions not permitted for certain expenses or allowances, in the determination of
total income, are itemised below:
• Business entertainment expenses incurred or entertainment allowances paid to

e e ut e o fi ers
• Any expenditure of a capital nature or any loss of capital, including book depreciation
of capital assets.
• Depreciation allowances, rentals, annual payments, or renewals in respect of
vehicles used for purposes of business travel, or capital assets provided for the use
of employees at their places of residence, other than motorcycles or bicycles used by
non-executive staff and motor coaches used to transport employees to and from their
places of work.
• The excess of management fee paid over LKR 2 million or 1% of turnover, whichever
is lower, or such amount as may be determined by the tax authorities. This restriction
does not apply to a venture capital company, unit trust, or mutual fund.

Sri Lanka

Expenses incurred solely in connection with the promotion of the export trade or the
provision of any services for payment in foreign currency or in carrying out an approved
programme for the promotion of tourism are fully allowed.
Any foreign travel or foreign training expense incurred in the production of income of
any trade, business profession, or vocation is also deductible, subject to a maximum
limit of 2% of the previous year’s statutory income from the respective trade, business,
profession, or vocation.
Deductions from the total income from all sources of a company are allowed for any
interest payable on loans used for the construction or purchase of any building or the
purchase of any site for construction of a building; for any annuity payable; or for a
business loss.
et operating losses
No deduction from total income is allowed in a tax year for a business loss if, at any time
in that year, more than one-third of the issued share capital of the loss-making company
is held by persons who did not hold such share capital at any time in the year in which
the loss was incurred. In such circumstances, the loss is deferred for deduction only from
rofits o the art u ar bus ness n wh h the oss was n urre
Any loss incurred in any business of life insurance can be deducted to the extent of any
rofits rom su h bus ness n u e n su h tota statutor n ome m ar an oss
n urre n an bus ness o finan e eas ng an be e u te to the e tent o an rofits
from such leasing business included in such total statutory income.
Losses incurred in the conduct of a trade or business, including any such loss brought
forward, may be deducted only up to 35% of statutory income of a given tax year. The
oss ba an e ma be arr e orwar n efin te
Carryback of losses is not permitted.

n a ment ma e to an a fi ate s a owe or ta ur oses ro e su h a ment s
in the nature of revenue and is incurred in the production of income.
roup taxation
There are no special provisions for taxation of companies in a group in Sri Lanka. Each
company is taxed independently of others in the group. S
Trans er pri ing
n rofits an n ome ar s ng er e or a ru ng rom or an oss n urre n an
transaction entered into between two associated undertakings shall be ascertained with
regard to the arm’s-length price.
T in apitalisation
Deductible interest payments made between members of a group of companies,
including holding companies, are restricted to the debt-to-equity ratio of 3:1 for
manufacturing companies and 4:1 for other companies.

There are no provisions in the tax statute regarding CFCs.

Sri Lanka

ursuant to the trateg e e o ment ro e t t ro e ts that are ent fie an
receive strategic development project status qualify for exemption in part or full from the
applicability of the following taxes: CIT, VAT, ESC, customs duty, NBT, and PAL. These
projects are large-scale projects, mainly infrastructure projects. The tax concessions
include exemption from income tax (to be negotiated) for a period not exceeding 25
years.
The other tax incentives are discussed below.
Tax olidays
Exemptions for new enterprises
Qualifying Qualifying criteria Tax holiday

enterprises Speci ed activities Investment criteria (years)
Small scale Agriculture and/or agro Minimum investment of LKR 4
enterprises processing, animal husbandry 25 million, but less than LKR
and/or rocessing, fisheries and/ 50 million
or fish rocessing, and creative
work including art work
Medium scale An s ecified activit LKR 50 million to LKR 100 4
enterprises million
LKR 100 million to LKR 200 5
million
More than LKR 200 million 6
Large scale Agriculture or forestry, LKR 300 million to LKR 500 6
enterprises animal h sbandr , s ecified million
man fact re, s ecified services, LKR 500 million to LKR 700 7
processing and solid waste million
management, and any other
LKR 700 million to LKR 1,000 8
activity approved by the Minister
million
of Finance
LKR 1,000 million to LKR 9
1,500 million
LKR 1,500 million to LKR 10
2,500 million
More than LKR 2,500 million 12
New enterprises Cement LKR 6,500 million 5 and a 12%
in s ecified Pharmaceuticals LKR 1,300 million concessionary
activities tax rate
Fabric LKR 650 million
thereafter
Milk powder LKR 3,900 million
arge s a e n estors shou n est n the a u s t on o fi e assets r or to r

2016 and commence commercial operation prior to 1 April 2017 to qualify for the tax
exemptions.
• fi e ear ta ho a s a a ab e to a new enture a ta om an sat s ng

s e fie r ter a
• fi e ear ta ho a s grante or the rofits rom the new un ertak ng o a
om an that s engage so e n n the fie o s en e or te hno og w th the
objective of using the results thereof for the production or improvement of products
with a minimum investment of LKR 2 million prior to 1 April 2014.
• a ho a s outs e the ur ew o the ta statute are a so a a ab e n s e fie
areas of investment to companies that enter into agreements with the BOI and to
an strateg e e o ment ro e ts ent fie n a or an e w th the ro s ons o
the trateg e e o ment ro e ts t o o he s e fie areas n u e

Sri Lanka
non-traditional export-oriented manufacturing and thrust industries, export-oriented

services, large-scale projects of which the project cost exceeds LKR 500 million.
enerous wa ers o m ort ut es on s e fie m orts an other on ess ons are
also available for these companies.
• rofits an n ome er e rom the se tors o fish ng u t at on an r mar
processing of agricultural seeds or planting materials were exempt from CIT for a
er o o fi e ears re kone rom the ta ear ommen ng rom r rom
1 April 2011, but prior to 1 April 2016, a concessionary rate of 10% was applicable.
From 1 April 2016, the applicable rate is 17.5%.
• ten ear ta e em t on s grante on rofits an n ome o an un ertak ng rom
cultivation of renewable energy crops in agricultural land.
• rofits an n ome rom a transa t ons onne te w th manu a tur ng str but on
and marketing of organic fertilisers and pesticides are exempt from CIT.
• em t on rom s grante on the rofits an n ome earne n ore gn urren

by any resident company in Sri Lanka from any services, excluding commissions,
discounts, or similar type of receipt, rendered in or outside Sri Lanka, provided such
rofits an n ome ess su h amounts e en e outs e r anka as are ons ere
by the Commissioner General to be reasonable expenses) are remitted to Sri Lanka
through a bank.
• Exemption from CIT is granted in respect of dividends, interest, or royalties received
on investments made outside Sri Lanka, provided that dividends, interest, and
royalties are remitted to Sri Lanka through a bank.
t er in enti es
• New or existing companies that export non-traditional goods were entitled to be

ta e on the rofits rom these e orts at a on ess onar rate o owe er rom
the tax year commencing from 1 April 2016, the applicable rate is 17.5%.
• em t on rom s grante on the rofits ar s ng rom tra ng n shares r ghts to
any share, bonus, or share warrants in respect of which the share transaction levy has
been charged.
• Exemption from CIT is granted on an amount equal to the interest or the discount
paid or allowed to any non-resident person or to any licensed commercial bank in Sri
Lanka by the issuer of any sovereign bond denominated in foreign currency, issued on
or after 21 October 2008, by or on behalf of the government of Sri Lanka and on the
rofits an n ome rom the sa e o su h so ere gn bon
• Exemption from CIT is granted on an amount equal to the interest or the discount
paid or allowed to any person on or after 1 April 2009, on any Sri Lanka Development
Bond denominated in United States dollars, issued by the Central Bank of Sri Lanka S
an on the rofits an n ome rom the sa e o su h r anka e e o ment on
• em t on rom s grante on the rofits an n ome er e b or a ru ng to
an erson or artnersh rom n estment n onom esurgen e ert fi ates
utilising money lying to credit of any account opened in any commercial bank or in
any specialised bank with the approval of the Central Bank of Sri Lanka from and out
of monies deposited in such account on or after 1 February 2009.
oreign tax redit

Where any DTT is entered into between the government of Sri Lanka and the
government of any other territory outside Sri Lanka, a credit is to be granted in respect
o an ta a or a ab e outs e r anka n res e t o rofits or n ome ar s ng
outside Sri Lanka. Such credit should not exceed the amount of the Sri Lanka tax
a ab e n res e t o su h rofits or n ome
Where any non-resident person or any partnership registered outside Sri Lanka
providing certain services is liable to pay income tax in Sri Lanka and income tax in any

Sri Lanka
other country, then such person or partnership shall be entitled to relief from income tax
payable in Sri Lanka of an amount equal to the excess, if any, of the income tax in respect
of such income payable in Sri Lanka over the income tax in respect of such income
payable in such other country.
Wit olding taxes

Resident companies are entitled to withhold income tax at 10% of gross dividends
payable to any shareholder that is chargeable with CIT, excluding any dividend received
from another resident company and any dividend that is exempt from CIT.
Fees for technical services paid to persons overseas directly or indirectly by a person in
r anka are eeme to be rofit an n ome ar s ng n or er e rom r anka an
WHT at 20% is deductible at source.
Any person in Sri Lanka who pays or credits to a person or partnership outside Sri Lanka
any sum due as interest, rent, ground rent, royalty, or annuity is required to withhold
income tax at a rate of 20% of the sum, but the requirement to withhold income tax does
not apply to (i) interest not sourced in Sri Lanka, (ii) interest on any loan or advance
made by a banker, (iii) interest paid in foreign currency held in an account with a foreign
currency banking unit, (iv) interest on any corporate debt security, or (v) any interest
that is exempt from income tax under any provisions of the Inland Revenue Act.
In particular instances, the tax authority may prescribe that CIT be withheld at a rate
other than 20%, or the rate may be reduced for sums falling due as interest or royalties
in respect of persons resident in countries with which Sri Lanka has DTTs in force. Sri
Lanka-source income from loan interest or royalties accruing to a non-resident company
s ta e at a at n the absen e o a ower rate n the ta treat w th the home
country of the non-resident.
However, interest accruing to any overseas lender from a loan granted by that overseas
lender to the Sri Lanka government or institution, public corporation, any commercial
bank, or to any other undertaking, if such loan is granted on or after 1 April 2012, is
exempt from income tax.
er bank an finan a nst tut on s re u re to w thho n ome ta at on the

amount of any interest paid to a company on any sum of money deposited with it. The
e os tor s ent t e to re e e a ert fi ate sett ng out the gross amount o nterest the
amount of tax withheld, and the net amount of interest paid. With respect to Treasury
bills and Treasury bonds issued by the Central Bank, the WHT rate of 10% is deducted at
the time of the sale of the Treasury bills and Treasury bonds by the Central Bank in the
primary market.

Non-resident 10 20 20
Treaty:
Australia 15 10 10
Bangladesh 15 15 15
Belarus 7.5/10 10 10
Belgium 15 10 10
Canada 15 15 10
China 10 10 10
Denmark 15 10 10
Finland 15 10 10
France 15 10 0/10 (1)

Sri Lanka

Germany 15 10 10
Hong Kong (4) - - -
India 7.5 10 10
Indonesia 15 15 15
Iran 10 10 8
Italy 15 10 10
Japan 10 15 (2) 0/7.5 (1, 3)
Korea, Republic of 10/15 (5) 10 10
Kuwait (4) - - -
Luxembourg 7.5/10 (7) 10 10
Malaysia 15 10 10
Mauritius 10/15 (6) 10/15 10
Nepal 15 10/15 15
Netherlands 10/15 (5) 10/15 10
Norway 15 10 0/10 (1)
Oman (4) - - -
Pakistan 15 10 20
Palestine 10 10 10
Philippines 10 10 10
Poland 15 10 10
Qatar 10 10 10
Romania 12.5 10 10
Russia 10/15 (5) 10 10
Saudi Arabia - - -
Seychelles 7.5/10 10 10
Singapore 15 10 15
Sweden 15 10 10
Thailand 15 10 15
United Arab Emirates 10 10 10
United States 15 10 10
Vietnam 10 10 15
Notes
1.
2.
0% for copyright royalties.
0% in certain circumstances.
S
3. 50% of normal tax, which is 7.5%.
4. These treaties are limited to the avoidance of double taxation of income from international transport
by air.
5. 10 a lies if the beneficial owner is a com an that directl holds at least 2 of the ca ital of the
company paying the dividends. In all other cases, the rate is 15%.
6. 10 a lies if the beneficial owner is a com an that directl holds at least 10 of the ca ital of the
company paying the dividends. In all other cases, the rate is 15%.
7. 7.5% applies if the owner is a company.
Tax administration
Taxable period
A tax year is any period of 12 consecutive months reckoned from 1 April in any calendar
year to 31 March of the following year.
Tax returns
CIT returns are due on 30 November, immediately following the end of the tax year.
Sri Lanka
Statement of accounts
Where any trade, business, profession, or vocation is being carried on or exercised by
any quoted public company, any company that is a member of a group of companies of
which at least one company is a quoted public company, or any other company having a
turno er o not ess than m on or net rofit o not ess than m on
such quoted company, member of the group, or such other company should furnish a
statement of accounts in support of a return of income. Such statement of accounts is
to be prepared by an approved accountant on the basis of an audit carried out by such
approved accountant.
ayment o tax
r anka has a a an fi e s stem un er wh h the a ab e or ea h ta ear s
required to be paid in four instalments, on or before 15 August, 15 November, and 15
February of the tax year and 15 May immediately following the end of the tax year.
If each instalment is not less than one-quarter of the CIT payable for the tax year
immediately preceding, the balance of any CIT payable may be paid on or before 30
September immediately following the end of the tax year without incurring penalties.
Tax audit pro ess

he ta author t ma se e t ta fi es or an au t on a ran om bas s or there s an
s e fi n ormat on re at ng to a ta a er that warrants n est gat on
No assessment of the income tax payable by any person:
a. who has made a return of one’s income on or before the 30th day of November of
the tax year immediately succeeding that tax year shall be made after the expiry of a
period of:
• two years in respect of any tax year commencing prior to 1 April 2013, and
• 18 months in respect of any tax year commencing on or after 1 April 2013 from the
30th day of November of the immediately succeeding tax year, or
b. who has failed to make a return on or before such date as referred to in paragraph
(a) shall be made after the expiry of a period of four years from the 30th day of
November of the immediately succeeding tax year.
However, such limitation shall not apply where any fraud, evasion, or wilful default has
been committed.

Tax authorities, in their audit, primarily focus on whether disallowable expenses have
been a e ba k to ta ab e rofits an on rofit marg ns re orte th the re u rement
to obtain tax clearance for remittance of fees and other payments abroad, increasing
attention is paid to remittance of royalties, fees, and other payments to non-resident
persons.

Taiwan
PwC contact
Rosamund Fan
International Trade Building,
27F, 333 Keelung Road, Section 1
Taipei 110
Taiwan
Tel: +886 2 2729 6077
Email: rosamund.fan@tw.pwc.com

ew real property trans er tax regime
A new real property transfer tax regime in Taiwan has taken effect starting from 1
January 2016. As a result of the implementation of the new real property transfer
tax regime, luxury tax will no longer be levied on sales of land or building starting
from 1 January 2016. See Real property transfer tax in the Other taxes section for more
information.
mendments to t e ergers and uisitions t

The Legislative Yuan passed amendments to the M&A Act, which came into effect on 8
January 2016. See Tax concessions on merger in the Tax credits and incentives section for
more information.
mendments to t e Statute or ndustrial nno ation S

The Legislative Yuan passed amendments to the SII, with goals to enhance the
competitive advantage of domestic industries. The amendments are effective from
1 January 2016 to 31 December 2019 and include research and development (R&D)
incentives.
R&D incentives
To encourage continued investment in innovative R&D activities and to meet the actual
needs of different industries and achieve policy results, the amendments to the SII
provide another alternative for companies to claim an R&D credit of 10% of qualifying
R&D expenses against income tax payable within a period of three years, starting from
the current year. In addition, to facilitate the circulation and application of innovative
R&D results, and to promote industrialisation of innovative technologies, where
individuals/companies derive income from transfer or license of their self-developed
intellectual property (IP), the amendments also allow the individuals/companies to
either deduct qualifying R&D expenses up to 200% (capped at corresponding income
received) within the current year or claim R&D tax credits against income tax payable.
Tax treaties
Within the past year, Taiwan’s tax treaty network has increased to include treaties with
China, Japan, and Canada, all of which have been signed, but have not yet come into
effect.

The corporate income tax (CIT) rate in Taiwan is 17%.
Resident companies in Taiwan are taxed on their worldwide income as follows:
Taxable income (TWD*) Tax thereon

Up to 120,000 Exempt
341 Taiwan PwC Worldwide Tax Summaries

Taiwan
Taxable income (TWD*) Tax thereon

120,001 and over 17% of total taxable income
* New Taiwan dollar
A non-resident company is taxed on income derived from Taiwan sources. A non-

res ent om an w th a fi e a e o bus ness or bus ness agent n a wan s
ta e s m ar to a res ent om an e sub e t to fi ng o an annua return base
on the same rate ro e abo e non res ent om an ha ng no or
business agent in Taiwan is subject to withholding tax (WHT) at source on its Taiwan-
sourced income. WHT rates on dividends, interest, and royalties may be reduced if the
recipient is a tax resident of a tax treaty country and the relevant treaty provides for a
reduced rate. i i a ss i i ai .
Tonnage tax system

ua ng enter r se ha ng ts hea o fi e n a wan engage n mar t me
transportation may elect to be taxed under the tonnage tax system, where a lump sum
ta s a u ate on the net tonnage o the r eet n e the a at on s a ro e the
enterprise must remain under the tonnage tax system and cannot switch to the regular
tax system at its discretion for ten consecutive years. Furthermore, loss carryforwards
and tax incentives are not eligible under the tonnage tax system.
rofit retention tax

n a t ona rofit retent on ta s m ose on an urrent earn ngs o a
corporation that remain undistributed by the end of the following year. Taiwan branches
o ore gn om an es are not sub e t to rofit retent on ta
mputation tax system

Taiwan operates an imputation tax system to eliminate double taxation on earnings of a
or orat on he an rofit retent on ta a rea a b the or orat on
can be distributed to the resident individual shareholders as tax credits to offset against
their individual income tax. However, the tax credits distributable to shareholders are
subject to certain limitations. Currently, the imputation tax credit is reduced by one-half.
on res ent shareho ers ma re t the rofit retent on ta re ous a b

the investee company against the dividend WHT where the dividends are distributed
rom reta ne earn ngs that ha e a rea been sub e t to the rofit retent on ta
ease note that re t or rofit retent on ta rom en s a u ate base
on a prescribed formula and subject to a ceiling. The ceiling is one-half of the original
amount hat s the e ng o rofit retent on ta re tab e aga nst en
s om ute as en s str bute rom reta ne earn ngs where rofit retent on
tax has already been levied’ x 10% x 50%.
n ome basi tax BT T

a wan res ent om an es as we as non res ent om an es w th an or
business agent in Taiwan, should calculate IBT if they earn certain income that is tax-
exempt. The basic income of a company is the amount calculated in accordance with
a formulae stipulated by the government, with a deduction of TWD 500,000. The IBT
rate is 12%. If the IBT amount is greater than the regular CIT amount, taxpayers must
pay income tax based on the regular CIT amount plus the difference between the IBT
amount an the regu ar amount n the other han the regu ar amount s
greater than the IBT amount, no special action is required.
www.pwc.com/taxsummaries Taiwan 342

Taiwan
orporate residen e
A company is a resident of Taiwan for CIT purposes if it is incorporated in Taiwan. A
non res ent om an that has an or bus ness agent n a wan s ob gate to fi e a
CIT return in Taiwan on its Taiwan-sourced income.

The term ‘permanent establishment’ only exists in the underlying double tax agreements
s s gne w th a wan a wan omest ta regu at ons on re er to an
an bus ness agent wh h genera o ows the efin t ons o an an agen
n the rgan sat on or onom o o erat on an e e o ment o e a
Convention.
t er taxes
Business tax
All sales of goods and services in Taiwan, as well as the importation of goods into
Taiwan, are subject to business tax. There are two types of business tax systems: value-
added tax (VAT) and gross business receipts tax (GBRT).
Sellers and service providers are generally obligated to pay business tax for the sales of
goods or services within Taiwan unless the law provides otherwise. For importation of
goods, the business tax will be paid by the goods receivers or buyers via customs. For
importation of services sold by foreign companies to Taiwanese buyers, business tax
shall be paid by the service buyers. However, if the foreign service purchased is under
TWD 3,000 per transaction, business tax shall not apply. Furthermore, the service buyer
(corporate entity) will not be required to pay business tax if it is exclusively engaged in
taxable transactions subject to either 5% or 0% VAT.
Value-added tax (VAT)

VAT is applicable to general industries, and the VAT rate is 5%. Under the VAT system,
each seller collects output VAT from the buyer at the time of sale, deducts input VAT paid
on purchases from output VAT, and remits the balance to the tax authority.
Gross business receipts tax (GBRT)

sa ab e to s e fie n ustr es e g finan a nst tut ons sma bus nesses
or n estment trust om an es se ur t es an utures firms short term ommer a
paper enterprises, and pawnshops, the rate is 2%. The GBRT rate on revenues derived
from the core business operations of banks and insurance enterprises is 5%. For re-
insurance enterprises, the rate is 1%.
ustoms duties
Taiwan uses the Customs Cooperation Council Nomenclature (CCCN) to classify goods
and set duty rates. The customs duty is payable by the consignee or the holder of the bill
of lading for imported goods, and is based on the dutiable value or the volume of goods
imported.
ommodity tax
ommo t ta e se ut s e e on erta n ommo t es as s e fie n the
Commodity Tax Act (including rubber tyres, beverages, cement, plate glass, oil and
gas, electrical appliances, and vehicles), at the time when such goods are dispatched
from a factory or when imported. Tax rates vary from 8% to 30% and are applicable to
erent t es o ommo t es base on the a ue o the goo s or ts o ume n s e fi
circumstances.
Type of commodity Tax rate

Rubber tyres 10% or 15%

Taiwan
Type of commodity Tax rate

Beverages 8% or 15%
Cement TWD 280 to TWD 600 per ton
Plate glass 10%
Oil and gas TWD 110 to TWD 6,830 per kilolitre or TWD 690 per ton
Electrical appliances 10% to 20%
Vehicles 15% to 30%
roperty tax
an an bu ngs are annua assesse or ta base on the r o fi a assesse
values as determined by the government authorities at the applicable rate. The land
value tax rate ranges from 1% to 5.5% of the assessed land value. The building tax rate
for commercial properties is 3% to 5% of the assessed value, and the rate for non-
commercial properties is 1.2% to 3.6% of the assessed value.
and alue in rement tax T

The sale of land is currently subject to LVIT and payable by the seller. The tax is levied on
the increase in the government-assessed value of the land during the ownership period,
a uste or n at on at regu ar rogress e rates rang ng rom to or a s e a
rate of 10%.
eal property trans er tax

The new real property transfer tax regime is applicable to all properties acquired on or
a ter anuar as we as those bought on or a ter anuar he or ess
than two years. The taxable base is the market value of the properties reduced by related
costs, expenses, and the increase in government-assessed land value for LVIT purposes.
A rate of 17% will apply on Taiwanese corporate taxpayers; whereas, a tax rate of 35%
or w a on rofit seek ng enter r ses w th ore gn hea o fi es o ate outs e
of Taiwan (i.e. Taiwan branch), depending on whether the property is held for more
than or less than one year.
LVIT will remain unchanged by the implementation of the new real property transfer tax
regime on property transactions. The total amount of land value increment is deducted
from real estate transaction income to avoid double taxation. The old property tax
reg me st a es to ro ert es ur hase r or to anuar or those bought on
or a ter anuar he or more than two ears where on ga n rom sa e o
buildings is subject to CIT assessment, while gain from sale of land is exempt from CIT
assessment, and LVIT applies to increment in government-assessed value of land instead.
eed tax
Currently, transactions of immovable property involving sale, creation of Dien,
exchange, bestowal, partition, or acquisition of ownership by virtue of possession are
subject to deed tax. The deed tax rates range from 2% to 6%, depending on the types of
T
transactions involved.
Stamp tax
Stamp taxes are imposed on each copy of the following documents executed within the
territory of Taiwan (with the following respective tax rates):
• onetar re e ts must ha e a re enue stam o o the amount re e e er

piece. However, a receipt for the money deposited by the bidder requires a revenue
stamp of 0.1% of the amount received per piece.
• Contract or deed for the sale or purchase of movable property must have a revenue
stamp of TWD 12 per piece.

Taiwan
• ontra tua agreement un er wh h one art agrees to om ete a s e fi e e o

work for the other party for consideration must have a revenue stamp of 0.1% of the
contract price.
• Contract for the sale, transfer, and partition of real estate must have a revenue stamp
of 0.1% of the contract price.
Se urities transa tion tax

Tax is levied on securities transactions at the rate of 0.3% on gross proceeds from the
sa e o omest shares ra ng n or orate bon s an finan a bon s ssue b
Taiwan companies is temporarily exempt from securities transaction tax assessment.
uxury tax
A 10% luxury tax applies to the sale of passenger cars, private jets, and helicopters
a ue at m on or more as we as to the sa e o a hts that are at east
metres (100 feet) long. Preserved wildlife products (including turtle shells, hawksbill,
coral, ivory, furs, and their products), high-end furniture, and non-refundable
memberships worth TWD 500,000 or more are also taxed at 10%.
As of 1 January 2016, luxury tax is no longer levied on sales of real estate properties.
ayroll taxes
There are no payroll taxes other than those for social security contributions outlined
below.

There are compulsory social security programs that require contributions from
employers and employees based on monthly insured salary, which is capped at various
amounts for labour insurance, health insurance, and pensions. Taiwan social security
programs include the following:
• abour nsuran e rogram here a om an h res fi e or more em o ees t s

obligated to insure all employees (including domestic and foreign employees) under
the abour nsuran e rogram run b the go ernment om an es w th ess than fi e
employees may also apply for labour insurance coverage for their employees. The
premium rate for ordinary insurance is 9% on the employee’s monthly insured salary
u to w th an a t ona e e or unem o ment nsuran e he
employer is required to contribute 70% of this premium.
• National Health Insurance (NHI) Program: The premium rate for each insured person
s set at o a omest ore gn em o ee s month nsure sa ar u to
182,000. The employer is required to contribute 60% of this premium. Further,
the employer bears the cost of both the employee itself and that of the average
dependant, which amounts to 1.61 headcount per employee. Further, when the
‘monthly taxable salaries actually paid by the employer’ exceeds the ‘monthly insured
salaries’ (e.g. due to bonus paid), a 2% supplementary NHI premium will also be
imposed on the excess amount and borne by the employer.
• Labour Pension Program: An employer needs to make monthly contributions to a
domestic employee’s individual pension account set up with the Labour Insurance
Bureau. The monthly contribution rate borne by the employer should be at least 6%
of the employee’s monthly insured salary up to TWD 150,000.
Bran in ome
non res ent om an whose hea o fi e s o ate outs e o a wan must kee
se arate books or ts bran h n a wan hea o fi e or reg ona hea uarters genera
and administrative expenses may be allocated to the branch under certain conditions.
s assesse on on the bran h s rofits a wan bran h shou om ete an annua
CIT return.

Taiwan
a wan bran h o a ore gn om an ma rem t a ter ta rofits to ts ore gn hea

o fi e w thout urther ta ue
otion pi ture leasing

ore gn mot on ture s bran h n a wan an eem o ts re enue rom eas ng o
mot on tures as ost owe er a ore gn enter r se w th no bran h o fi e n a wan
leases motion pictures through agents, 50% of the revenues can be deemed as taxable
income.
eemed profit met od

A non-resident company that is engaged in international transportation, construction
contracting, provision of technical services, or machinery and equipment leasing within
a wan an where the ost an e enses are ro en to be fi u t to a u ate ma
apply for advance approval from the National Tax Administration (NTA) to adopt the
eeme rofit metho to eterm ne the ta ab e n ome as or o the gross
revenues. This will effectively reduce the WHT rate to 2% or 3% on gross revenues once
the approval is obtained from the NTA.
n ome determination
a wan res ent om an s ta e on ts net n ome wh h s efine as gross annua
income after deduction of costs, expenses, losses, and taxes. Except for certain exempt
items, income from all sources, including offshore and onshore, is subject to CIT.
A non-resident company is only taxed on its Taiwan-sourced income. Article 8 of the

n ome a t an the re ate u e ne efines the t es o n ome that shou
be regarded as sourced from Taiwan. For example, fees received by a non-resident
company for service performed entirely outside of Taiwan are exempt from income tax
assessment, subject to supporting evidentiary documents.
n entory aluation
Inventory must be valued at cost. If cost exceeds the net realisable value, the latter may
be use as the a uat on bas s ost ma be eterm ne b the first n first out
mo ng a erage we ghte a erage s e fi ent fi at on or an other metho a ro e
b the ta author t es on orm t between finan a an ta re ort ng s not re u re
apital gains
a ns on the s osa o fi e assets are ta ab e as urrent ear n ome o the om an
with the exception of gains on the sales of land under the old real estate taxation regime.
Capital gains on disposal of Taiwanese marketable securities and futures by resident
om an es an non res ent om an es w th an or bus ness agent n a wan are
exempt from CIT assessment, but are liable for IBT of 12%, with an exemption amount
of TWD 500,000. Capital losses may be deducted against capital gains and carried T
orwar or fi e ears o a ta ga ns an be ta e em t shou the se ur t es be
held for more than three years. In addition, securities transaction tax is levied on the
sales proceeds (s Other taxes section).
i idend in ome
Dividends received from resident investee companies by a resident corporate
shareholder are not included in taxable income. In addition, the imputation tax credit
derived from the dividend income of the investee corporation can be distributed
to domestic corporate shareholders, but this tax credit cannot be used to offset the
domestic corporation’s income tax liability; rather, the tax credits must be recorded in a
separate book until they are further distributed to the resident individual shareholders
of the domestic corporation.

Taiwan
Dividends received from foreign subsidiaries are taxable, but credits are given for the
WHT paid offshore, limited to the incremental tax liability that would result if the
dividends were added to the Taiwan corporate shareholder’s taxable income and taxed
at the Taiwan CIT rate.
nterest in ome
nterest re e e on ommer a a er an erta n other nterest bear ng finan a
instruments is subject to WHT of 10% and 15%/20% for resident and non-resident
taxpayers, respectively (s i i a s section). This income should be
reported as current-year income, and the WHT paid can be deducted against the income
tax payable.
oyalties and te ni al ser i e ees

Non-resident companies who receive royalties for licensing patents both registered
in Taiwan and overseas, trademarks registered in Taiwan, and computer software
copyright licensed to Taiwan companies, or who receive technical service fees in relation
to construction of factories/plant/power plants to Taiwan companies incorporated as
companies limited by shares, can apply for income tax exemption by obtaining advance
approval from both the Industrial Development Bureau and the tax authorities. For
licensing of patents and technical service fees, the Taiwan licensee company needs to be
engaged in designated industries. The amendments to the relevant regulation governing
the applicable criteria are effective retroactively for contracts concluded after 1 January
2011.
oreign in ome
Taiwan adopts a worldwide tax system to tax its resident companies (including the
Taiwan subsidiaries of foreign companies). In theory, taxation on foreign investment
income of a Taiwanese company is deferred until cash is repatriated to Taiwan. However,
g en a wan a so ta es un str bute rofits base on net n ome shown on the n ome
statement (s i a i Taxes on corporate income section), foreign
investment income may still be taxed in Taiwan before cash is repatriated back to
Taiwan.
edu tions
epre iation
e re at on on a fi e assets other than an n u ng rem ses ants bu ngs
and equipment, which are used to generate income, is allowed as a deduction. The
stra ght ne fi e er entage on m n sh ng book a ue sum o ears g t un t o
production, and working-hour methods are acceptable depreciation methods to the tax
o fi e he use u es o t a assets are shown be ow
Asset category Useful life

Computer equipment 3
rnit re and fi t res 5
Automobile 5
Building 50
th the a ro a o the ta author t a om an ma re a ue ts fi e assets ea h

time the government’s wholesale price index increases by 25% over the base period. A
om an s base er o s estab she at the t me o ur hase o fi e assets or at su h
t me when a om an re a ues ts fi e assets n n rease n fi e assets ma then be
depreciated for tax purposes.

Taiwan
oodwill
Goodwill is commonly realised from merger and acquisition, which should follow the
ur hase metho as efine un er a wan enera e te ount ng r n es
(GAAP) or International Financial Reporting Standards (IFRS). Goodwill should
be amortised for 15 years if a valuation report is issued by a creditable professional
a uat on firm an the net ent fiab e assets are a ue se arate owe er n ra t e
the amortisation of goodwill is frequently challenged by the Taiwan tax authority.
Start up expenses
Start-up expenses during the start-up period can be deducted in the year incurred. The
start-up period is from the preparatory stage to the date the business starts to generate
s gn fi ant re enue rom ts r mar bus ness o erat on
nterest expenses
Interests on loans that are used for business purposes are deductible in the year
n urre owe er or a oan rom a non finan a nst tut on the nterest rate sha not
exceed 15.6% per annum. As for interest on inter-company loans, the deductible amount
is subject to the thin capitalisation rule and transfer pricing regulations (s Group
taxation section).
Bad debt
Actual losses on bad debts are allowed for deduction when certain legal proceedings or
t me re u rements ha e been sat sfie he oss shou first be harge aga nst the ba
debt provision, which should not exceed either 1% of accounts receivable and notes
receivable outstanding, or the actual average bad debt ratio for the past three years.
Charitable contributions to support national defence, troop morale, contribution to
government of any level, and donation made with special approval of the Ministry of
nan e are not sub e t to an ta m t onat ons to other art es are sub e t to
prescribed limits under the relevant regulations.
ines and penalties

Fines and penalties arising from violation of various tax laws are generally not
deductible.
Taxes
All taxes, other than income tax, are generally deductible, unless where such taxes are
related to tax-exempt income. The tax associated with the acquisition of real estate
should be included in the cost of the land or building.
et operating losses
A company’s net operating losses can be carried forward for ten years. Losses cannot be
carried back. T
o a t es nterest an ser e ees a to a ore gn a fi ate are sub e t to
Royalties or service fees paid to a foreign entity may be tax-exempt if certain
requirements are met and prior approval is obtained.
roup taxation
Group enterprises meeting certain criteria under the Financial Holding Company Act
an us ness ergers u s t ons t ma fi e onso ate ta returns or the a wan
arent an ts first t er a wan subs ar es or other enter r ses grou ta at on s not
erm tte he a wan arent s e g b e to fi e onso ate ta returns t ont nuous
holds over 90% of the shares of the subsidiaries for 12 months in a tax year.

Taiwan
Trans er pri ing

Transfer pricing regulations were established to constrain multinational corporations
rom ea ng the r rofits n ountr es w th ower ta rates or a ab e om an es
the disclosure of related-party transactions in the CIT return and the preparation of a
transfer pricing report is required. Upon request, the transfer pricing report will have
to be submitted to the Taiwan tax authority within one-month of notice. The transfer
pricing report must demonstrate the company’s good faith effort to comply with the
assessment rules. Without proper reason, failure to comply with such rules will result
n a t ona ta a ab e an finan a ena t es he t es o transa t ons go erne b
these regulations include the following: transfer of tangible assets, use of tangible assets,
transfer of intangible assets, use of intangible assets, rendering of services, use of funds,
bus ness restru tur ng an other t es o transa t ons res r be b the
If related-party transaction amounts exceed certain thresholds laid out below, an

advance pricing agreement (APA) with the tax authority may be obtained to eliminate
risk of intercompany prices being challenged. The criteria for applying for an APA are as
follows:
• The total amount of the controlled transaction covered under the APA is at least TWD
500 million or the annual amount of such controlled transaction is at least TWD 200
million.
• here has been no s gn fi ant a t o ta e as on n the ast three ears
• The required documentation for the APA application has been well prepared,
including the transfer pricing report.
• ther r ter a s e fie b the are sat sfie
T in apitalisation
Deductible interest expense on inter-company loans is capped at a prescribed debt-
to e u t rat o o he th n a ta sat on ru e genera a es to rofit seek ng
enter r ses e e t banks re t oo erat es finan a ho ng om an es b s finan e
companies, insurance companies, and securities companies.

urrent rofits o o erseas subs ar es he b a wan om an es are not sub e t to
n a wan unt su h rofits are re atr ate to a wan as en n ome

Certain tax incentives are provided to investors if they are located in prescribed
areas su h as s en e arks e onom ro ess ng ones ree tra e ones et ther
ta re ts are grante to ua ng om an es that n est n s e fi bus nesses or
industries promoted by the government, such as biotech.
esear and de elopment tax in enti es

Under the Statute for Industrial Innovation (SII), R&D credits are available for up to 15%
o ua fie e enses n urre w th the ma mum amount o ta re t a e at
30% of the tax payable for the year in which the expenses were incurred, including the
rofit retent on ta
Effective from 1 January 2016 to 31 December 2019, amendments to the SII provide
another alternative for companies to claim an R&D credit of 10% of qualifying R&D
expenses against income tax payable within a period of three years, starting from the
current year. In addition, to facilitate the circulation and application of innovative R&D
results, and to promote industrialisation of innovative technologies, where individuals/
companies derive income from transfer or license of their self-developed IP, the
amendments also allow the individuals/companies to either deduct qualifying R&D

Taiwan
expenses of up to 200% (capped at corresponding income received) within the current

year or claim R&D tax credits against income tax payable.
Moreover, according to the Statute for Development of Small and Medium Enterprises
(SMEs), enterprises qualifying as SMEs may elect one of the following methods to
calculate R&D credits, subject to the 30% cap mentioned above:
• o ua fie e enses or the urrent ear w th re ts m te to the same

year, or
• o ua fie e enses or the urrent ear wh h an be arr e orwar or
two ensuing years if the 30% cap mentioned above is exceeded.
or ng to egu at on o ern ng n estment a re t a ab e to rofit

seeking Enterprises, a single annual application for R&D ITC should be made with the
entra om etent author t es w th n our months r or to the return fi ng ue ate
Information relating to R&D ITC should be provided with the CIT return.
Tax on essions on merger

A number of tax incentives are available under the M&A Act to encourage M&A activities
in Taiwan. Certain taxes, including business tax, deed tax, LVIT, securities transaction
tax, and stamp tax, may be exempted or deferred in case of acquisitions, mergers, or
corporate divisions (including spin-offs) that meet certain conditions.
After the merger, spin-off, or acquisition, any tax concession previously enjoyed by
the merged entities will continue to be applicable to the surviving or newly-created
company. However, it is required to manufacture the same products or provide the same
services that were originally approved for tax concessions by the merged entities in order
to continue the concessions obtained previously.
The unexpired and unutilised net operating losses of the participating entities prior
to the merger or spin-off may be carried over to the surviving or newly-created entity
according to the percentage of shareholding in the surviving or newly-created company
held by all shareholders of the participating entities.
Income tax exemption is available if the shares acquired by a company as a result of

transfer of its entire or substantial portion of business or assets to another company, or
due to spin-off, is greater than 80% of the consideration of the entire transaction, and all
the shares so acquired have been transferred to the shareholders of the transferor.
ree trade ones

According to the Statute for the Establishment and Management of Free-trade-zones,
ore gn om an es or the r bran h o fi es n a wan that a or estab shment n the
free-trade-zone or delegate companies already established in the free-trade-zone to store
and/or perform simple processing in the free-trade-zone and sell goods to customers T
within and outside of Taiwan shall be exempted from CIT. However, in the event that the
annual domestic sales exceed 10% of the total annual domestic and foreign sales, the
portion in excess shall not be exempted from CIT.
oreign tax redit

Taiwan uses the credit method to avoid double taxation of income. Foreign taxes paid
on foreign-sourced income may be credited against a company’s total Taiwan income tax
liability. However, the credit is limited to the incremental taxes derived from the foreign-
sourced income.

Taiwan
Wit olding taxes

Resident corporations paying certain types of income are required to withhold tax as
follows:

Resident corporations and individuals N/A 10 10
Non-treaty 20 15/20 (1) 0/20 (2)
Treaty:
Australia 10/15 (3) 10 12.5
Austria 10 10 10
Belgium 10 10 10
Denmark 10 10 10
France 10 10 10
Gambia 10 10 10
Germany 10 0/10/15 (10) 10
Hungary 10 10 10
India 12.5 10 10
Indonesia 10 10 10
Israel 10 7/10 (4) 10
Italy 10 10 10
Kiribati 10 10 10
Luxembourg 10/15 (13) 10/15 (13) 10
Macedonia 10 10 10
Malaysia (5) 12.5 10 10
Paraguay 5 10 10
Senegal 10 15 12.5
Singapore (6) Not prescribed 15
Slovakia 10 10 5/10 (8)
South Africa 5/15 (7) 10 10
Swaziland 10 10 10
Sweden 10 10 10
Thailand 5/10 (11) 0/10/15 (12) 10
Vietnam 15 10 15
Notes
1. For non-resident enterprises, a 15% WHT applies to interest income derived from short-term bills,
sec ritised certificates, cor orate bonds, government bonds, or financial debent res, as well as
interest derived from re rchase transactions involving these bonds or certificates. he rate in all
other cases is 20%, unless reduced under a tax treaty.
2. Royalties received by foreign enterprises that are specially approved in advance by the government
are exempt from income tax.
3. A rate of 10% applies for shareholders that are companies (other than partnerships) with at least a
25% shareholding.
4. 7% of the gross amount of the interest arising in a territory and paid on any loan of whatever kind
granted by a bank of the other territory.
5. The WHT rate on technical service fees is reduced to 7.5%.
6. he total ta b rden of C and dividends ta is not to e ceed 0 of the total rofits of the
company.
7. A rate of 5% applies for shareholders with at least a 10% shareholding.
8. A rate of a lies for the se of or the right to se ind strial, commercial, or scientific e i ment.

Taiwan
10. A rate of 10% applies to all types of interests, except a rate of 15% applies for interest derived from
real estate investment trusts and real estate asset trusts in Taiwan. Tax exemption applies to interests
paid to public institutions of the other territory as mutually agreed between the competent authorities
of both territories.
12. A rate of 15% applies to all types of interests, except a rate of 10% applies for interest received by
an financial instit tion incl ding an ins rance com an . a e em tion a lies to interests aid
to the authority of the other territory as mutually agreed between the competent authorities of both
territories.
13. A rate of 15% applies for shareholders/creditors that are a collective investment vehicle and treated
as a body corporate for tax purposes.
Tax treaties
Tax treaties entered into with Australia, Austria, Belgium, Denmark, France, Gambia,
Germany, Hungary, India, Indonesia, Israel, Italy, Kiribati, Luxembourg, Macedonia,
Malaysia, Netherlands, New Zealand, Paraguay, Senegal, Singapore, Slovakia, South
Africa, Swaziland, Sweden, Switzerland, Thailand, the United Kingdom, and Vietnam
relate to corporate and individual income tax.
Treaties with Canada, the European Union, Germany, Israel, Japan, Korea, Luxembourg,
Macau, Netherlands, Norway, Sweden, Thailand, and the United States (US) relate to
certain earnings from the operation of ships and/or aircraft.
Tax administration
Taxable period
The tax year in Taiwan runs from 1 January to 31 December. Businesses may request
a ro a rom the o a o e t on author t to fi e returns us ng a fis a ear en
other than 31 December.
Tax returns
a returns are fi e on a se assessment bas s returns are ue no ater than fi e
months after the end of the tax year.
ayment o tax
a s a on a se assessment bas s n two nsta ments he first a ment s base on
50% of the tax liability of the prior year’s tax return and is made in the ninth month
o the enter r se s fis a ear owe er the ta a er meets erta n re u rements t
ma se assess the ro s ona ta base on the ta ab e n ome o the first ha o the
urrent fis a ear an e u t n ome ta es a o erseas aga nst the ro s ona n ome
tax payable if corresponding income is consolidated in the provisional tax return. The
se on a ment s ma e at the t me o fi ng the annua ta return he returns are
subse uent re ewe b the ta author t es an a fina assessment s ssue
Any overpaid tax as a result of the tax collection authority’s mistake shall be refunded to
the taxpayer within two years of the tax authority’s acknowledgement of such mistake, T
an sha not be sub e t to the or g na fi e ear er o or a ng or re un where the
taxpayer is responsible for the mistake.
Tax audit pro ess

a wan oes not ha e a fi e au t e a au t an be arr e out an t me r or
to the expiration of the statute of limitations. Companies may be selected for audit if
certain criteria are met.
he statute o m tat ons n a wan s fi e ears rom the ta return fi ng ate the
return s fi e on t me here a ta a er a s to fi e an annua ta return w th n the
statutory deadline or evades tax by fraud or any other unrighteous means, the statute of
limitations is extended to seven years.

Taiwan
Tax ruling system

or orate ta a ers ma fi e an a an e ta ru ng a at on w th the ta author t es
together with the relevant supporting documents, to clarify their tax position before
n t at ng the s e fi transa t on he ta author t es are ob gate to ssue a res onse
within six months after submitting the application.
e ent o us o Taiwan tax aut orities

The tax authorities have developed sophisticated and comprehensive tax audit
techniques and approaches over the years. The following sets out some of the common
items frequently challenged or audited by the tax authorities:
• anagement ees a o ate rom the ore gn arent om an or a fi ates he ta

authorities frequently question the economic substance of the services rendered, the
a o at on metho an the a a ab t o su fi ent o uments to su ort the ta
deduction claim.
• Amortisation of goodwill: The tax authorities frequently challenge the valuation
report supporting the calculation of goodwill and whether the transaction itself
should give rise to goodwill.
• Amortisation of business rights: The tax authorities have taken a more conservative
view, which limits ‘business rights’ to those explicitly authorised by laws (e.g. those
regulated under certain public utilities act).
• Eligibility for R&D tax credits.
• WHT compliance.
• Transfer pricing compliance.
• Business tax audit.
t er issues
S oreign ount Tax omplian e t T
A Model 2 Intergovernmental Agreement (IGA) is treated as ‘in effect’ by the US
reasur as o une he n te tates an a wan ha e rea he an agreement
in substance, and Taiwan has consented to disclose this status. In accordance with this
status the te t o su h has not been re ease an finan a nst tut ons n a wan
are allowed to register on the FATCA registration website consistent with the treatment
o ha ng an n e e t ro e that the ur s t on ont nues to emonstrate firm
resolution to sign the IGA as soon as possible.

Tajikistan
PwC contact
Elena Kaeva
PricewaterhouseCoopers Tax & Advisory LLP
34 Al-Farabi Avenue
Building A, 4th Floor
050059 Almaty, Kazakhstan
Tel: +7 727 330 32 00
Email: elena.kaeva@kz.pwc.com

The government of the Republic of Tajikistan introduced some changes in the
re u rements or ta res en ert fi ates wh h be ome e e t e rom anuar
he re u rements s e that ta res en ert fi ates must to be a ost e or
legalised.
Also, a new article regulating taxation of professional participants of securities markets

was ntro u e an be ame e e t e rom anuar

All Tajik legal entities are subject to corporate income tax (CIT) in Tajikistan. Tajik
residents are taxed on their worldwide income. Non-residents are subject to CIT
in Tajikistan only on Tajikistan-source income. Non-residents operating through a
permanent establishment (PE) are generally subject to the same CIT provisions.
rom anuar s om ute b a ng the statutor rate to ta ab e

n ome or enter r ses ro u ng goo s wh h s a u ate base on gross
income decreased by allowed deductions and losses carried forward from previous
er o s ab t ma not be ess than o aggregate n ome
he gra ua re u t on o rates s e e te to rea h or enter r ses

ro u ng goo s n
Simplified tax system

he s m fie ta s stem or sma bus ness ent t es here na ter ta un er the
s m fie s stem s a s e a ta reg me un er wh h n ome ta or sma bus ness
legal entities or income tax for individual entrepreneurs shall be paid under the
s m fie ro e ure he s m fie ta reg me s a e b the sma bus nesses unt
aggregate annua n ome oes not e ee a k stan somon
T
a a ers who a the ta un er the s m fie s stem are not ab e or
• Income tax, except for withholding tax (WHT).

• Road tax.
• Income tax from revenues of the individual entrepreneur, functioning according to
the ert fi ate e e t or
• Value-added tax (VAT), except for the import VAT and reverse-charge VAT.
he ta base or a ng ta un er the s m fie s stem s the aggregate n ome or

a t t es re ate to ro u t on o goo s the ta rate s or other a t t es the ta
rate s
o al in ome taxes
There are no local income taxes in Tajikistan.
www.pwc.com/taxsummaries Tajikistan 354

Tajikistan
orporate residen e
Legal entities formed under Tajik law, as well as legal entities whose effective control
(management) is in Tajikistan, are recognised as residents for CIT purposes.

n er genera ro s ons o the a o e an a t t arr e out through a fi e
a e on the terr tor o a k stan n u ng a t t er orme through a e en ent
agent regar ess o urat on o su h a t t es w reate a o a non res ent
Further, a non-resident legal entity having business activities in Tajikistan may

a so reate a n the o ow ng ases
• er es a non res ent enter r se ren ers ser es n a k stan through

employees or other personnel engaged by the non-resident for such purposes,
provided that these activities continue for more than 90 calendar days within any
onse ut e month er o
• onstru t on a onstru t on s te assemb a t er orman e o su er sor
activities (connected with such objects), or project works/design works.
• gen a non res ent w be ons ere as ha ng a n ases where a
res ent or non res ent has the ontra tua author t to re resent the non res ent s
interests in Tajikistan (i.e. act and/or sign contracts on behalf of the non-resident).
t er taxes
alue added tax T
VAT is generally assessed on taxable turnover, which includes goods and services. The
urrent rate s n ua s an bus nesses are re u re to reg ster as
a ers the ta a er s ta ab e turno er e ee s a thresho o or the
re e ng month er o
Generally, the Tax Code exempts the following from VAT: goods and services that
are not ro e n a k stan un er the a e o su ru es sa e trans er or rent
o rea ro ert finan a ser es erta n me a ser es an erta n other goo s
an ser es
For goods, the place of supply is determined as the initial point of transportation.
er es are genera ons ere to be ro e at the a e o bus ness o the ser e
provider or the actual place where services are rendered. However, certain types of
ser es are ons ere to be ro e at the o at on o the bu er u h ser es n u e
ega market ng onsu t ng a ount ng et
re un s genera a a ab e or ua fie e orters n ut e ee s assesse

VAT.
returns together w th ssue an re e e n o es are fi e month not ater than

the th a o the month o ow ng the re ort ng month a ments are ue b the same
date.
ustoms duties
he tar rates estab she b the go ernment rang ng rom to are a e on
an ad valorem bas s at a s e fi rate or a a omb nat on o the two he ta rate o
is granted to certain types of goods (e.g. some types of printed publication, unwrought
wool, gaseous hydrocarbons, electricity).
355 Tajikistan PwC Worldwide Tax Summaries

Tajikistan
Note that Tajikistan is signatory to several free trade agreements, primarily among
the o ow ng ommonwea th o n e en ent tates ountr es uss a e arus
Kazakhstan, and Kyrgyzstan.
Customs fees
ustoms earan e an t be er orme w thout ert fi at on o goo s or wh h m orter
shou a a ee base on the t me s ent b a ert fi at on s e a st ees or ustoms
earan e range rom a ro mate n te tates o ars to
depending on customs value.
Ex ise taxes
Excise tax is assessed on beverages, tobacco products, fuel, tyres, passenger automobiles,
jewellery, and mobile communications. Excise tax rates are established by the
government.
roperty taxes
Property tax is divided into two taxes, which are paid based on the taxable base.
Land tax
ta on an ots s a annua base on the rates estab she b the a k stan
go ernment a e to the area o the an ot wh h ar e en ng on the o at on
of the land plot.
Real estate tax

a on rea estate s a annua an a es to mmo ab e rea ro ert su h as
bu ngs houses an ats he rea estate ta rate ar es rom to an a so
e en s on terr tor oe fi ents
Trans er taxes
There are no transfer taxes in Tajikistan.
Stamp taxes
There are no stamp taxes in Tajikistan.
ayroll taxes
There are no payroll taxes borne by an employer other than social tax (see below).
Social tax
n em o er s ob gate to make so a ta a ments at the rate o o sa ar n
a t on to an em o er s ort on so a ta s w thhe rom em o ee s n ome
oad tax
The formula for calculating road tax is total deductions of the reporting year multiplied
b the ta rate or tra e om an es a tua e u t ons o not e ee T
o gross n ome the ta base or roa ta s o gross n ome t s ontem ate that
the ta w be e m nate n
e i le tax
Vehicle tax is computed as a percentage of the calculation index applied for horsepower
o the eh e eng ne he er entage ranges rom to
Bran in ome
n a t on to s are sub e t to bran h rofit ta at the rate o o net rofit
a ter un ess a ower rate s res r be b an a ab e oub e ta treat

Tajikistan
n ome determination
Income tax is assessed on taxable income, which is the difference between gross income
and allowed exemptions and deductions.
n entory aluation
n entor a ount ng or ta ur oses o ows n entor a ount ng or finan a
re ort ng ur oses ub om an es are re u re to a nternat ona nan a
e ort ng tan ar s ther ega ent t es ma a or at ona ount ng
tan ar s
or ta ur oses the o ow ng n entor metho s are erm tte ast n first out
first n first out an we ghte a erage or ub om an es there an be a
m smat h between the ta metho an the book metho as s not erm tte un er
or other ega ent t es the ta metho w mat h the book metho the ta
a ount ng o ows at ona ount ng tan ar s
apital gains
n genera a ta ga ns on se ur t es are ta e as bus ness rofits
i idend in ome
n er the a o e en s are efine as an str but on o n ome or ro ert o a
ega ent t between ts shareho ers en s shou be n u e n annua aggregate
income.
Inter-company dividends received by a resident parent company from a resident
subsidiary are exempt from annual aggregate income.
nterest in ome
he a o e efines nterest n ome as n ome re e e rom an ees asso ate w th
a debt obligation, including tax liability, payments for any loans, and contributions on
deposit (accounts). Interest income is subject to CIT in Tajikistan and should be included
in annual aggregate income.
oreign in ome
Tajik residents are taxed on their worldwide income. Non-residents are subject to CIT in
Tajikistan only on Tajikistan-source income. There are no provisions in the Tax Code for
tax deferral.
For information about Controlled foreign company (CFC) provisions, see the Group
a ai s i
edu tions
In general, all business expenses (e.g. materials, payroll) are allowed as a deduction
if the expenses are connected with the earning of income, not of a capital nature, and
supported by proper documentation.
epre iation
he e u t on or osts re ate to fi e assets genera s ma e through e re at on at
rates rang ng rom to us ng the e n ng ba an e metho
oodwill
here are no s e a ro s ons or goo w e u t on n the a o e howe er
goodwill is not deductible in accordance with the general rules on intangible assets
amortisation.

Tajikistan
Start up expenses
tart u e enses are not e u t b e owe er n ase o reg strat on o a bran h the
hea o fi e an e u t e enses re ate to the reat on o su h bran h
nterest expenses
nterest e u t b t s genera m te to three t mes the refinan ng rate o the
at ona ank o a k stan urrent or erta n ent t es a t ona m tat ons
may apply.
Bad debt
A taxpayer is allowed a bad debt deduction in cases where the income associated with
such bad debt is already recognised for CIT purposes. Bad debts are deductible when
the are wr tten o n the a ount ng books e a ro s ons a or banks an
other finan a nst tut ons
har tab e ontr but ons are m te to o ta ab e n ome
ines and penalties

Fines and penalties paid to the budget of Tajikistan and other states are not deductible.
Taxes
a es a to the bu get o a k stan an other states are e u t b e e e t or an
individual income tax.

mong other e u t ons s e fi a ment one n the a o e are resear h an
e e o ment re a r e enses an geo og a an geo h s a e enses
Non-deductible expenses
on e u t b e e enses s e fi a ment one b the a o e n u e mea s an
entertainment, personal expenses, passenger vehicles, and non-business expenses.
et operating losses
et o erat ng osses ma be arr e orwar or three ears but ma not be arr e ba k

o s e a ro s ons or e u t on o a ments to ore gn a fi ates e st n the a
o e onse uent genera ru es or e u t b t o e enses shou a
roup taxation
There are no rules permitting grouping for tax purposes in Tajikistan. T
Trans er pri ing
Under Tajikistan market pricing (transfer pricing) provisions, tax authorities have the
right to adjust prices. The following transactions are subject to control and further
feasible (potential) adjustment:
• Transactions between related parties.

• Barter transactions.
• Foreign trade agreements (contracts) where one of the parties is resident of a tax
haven.
• ransa t ons where one o the art ants re e es ta benefits or ta n ent es
• here the r e o goo s ser es works e ates b more than rom the
market price for identical (homogeneous) goods (services, works).

Tajikistan
T in apitalisation
here are no th n a ta sat on ru es n a k stan howe er nterest e u t b t s
limited as s i i i ss i .

The Tax Code contains CFC provisions, according to which, income received by the
res ent s subs ar more than ownersh reg stere n ountr es w th r ege
taxation should be included in the income of the resident.

oreign tax redit
Taxes paid outside Tajikistan may be credited against the same types of taxes in
a k stan a ro r ate su ort ng o uments are ro e he amount o re t ma
not exceed the amount of tax assessed in respect of such income at the rates applicable
in Tajikistan.
ree E onomi ones E s

Four FEZs were established by the government of Tajikistan to offer reduced taxes
and customs fees to both foreign and domestic businesses located in these zones. Tax
n ent es n u e s o og an shkosh m an angara he eg s at on or the
s has been mo fie se era t mes s n e the start o the ro ess but urrent aw
re u res a m n mum n estment o or manu a tur ng om an es
or tra ng om an es an or onsu t ng an ser e om an es
before being eligible for the preferential tax treatment.
T exemptions
An exemption from CIT is available for taxpayers that have made a certain amount of
investments into chartered capital of a production company, as follows:
• wo ear e em t on o ume o n estments s u to

• hree ear e em t on o ume o n estment s rom u to
million.
• our ear e em t on o ume o n estment s rom m on u to
million.
• e ear e em t on o ume o n estment e ee s m on
Tax benefits or poultry arms and ombined eed produ ers

ew ta benefits are a a ab e or ou tr arms an ro u ers o omb ne ee or
b r s an an ma s su h ro u ers w attra t ore gn n estments o not ess than
m on a benefits n u e a ear e em t on rom
• Income taxes.
• VAT.
• Road tax.
• Property tax.
• Import VAT and customs duties.
he statute o m tat on er o s e ten e or the er o o use o ta benefits
Wit olding taxes

Tajikistan-source income of non-residents is subject to WHT at its source at the rates
shown in the following table:

Tajikistan
Types of income at source of payment Tax rate (%)

Dividends and interest 12
Insurance and reinsurance premiums 6
International transport and telecommunications 5 to 6
Royalties, rent, lease income, management fees, and other income 15
n a or an e w th the s the rate o ma be re u e as o ows

Non-treaty 12 12 15
Treaty:
Armenia 10 10 10
Austria 5/10 (1) 8 8
Azerbaijan 10 10 10
China 5/10 (2) 8 8
Czech Republic 5 7 10
Finland 5/15 (9) 10 5
Germany 5/15 (3) 0 5
India 10 10 10
Iran 10 10 8
Kazakhstan 10/15 (4) 10 10
Kyrgyzstan 5/15 (5) 10 10
Latvia 0/5/10 (6) 7 5/10 (7)
Luxembourg 15 12 10
Moldova 5/10 (8) 5 10
Pakistan 5/10 (8) 10 10
Poland 5/15 (9) 10 10
Romania 5/10 (10) 10 10
Russia 5/10 (11) 10 15
Turkey 10 10 (13) 10
Turkmenistan 10 10 10
Ukraine 10 10 10
United Kingdom 5/10 (14) 0/10 (15) 7
Notes
1. A rate of of the gross amo nt of the dividends if the beneficial owner is a com an other than a
partnership) that directly holds at least 15% of the capital of the company paying the dividends; 10%
of the gross amount of the dividends in all other cases.
2. A rate of 5% of the gross amount of the dividends if the recipient is an enterprise (except a T
4. A rate of 10 of the gross amo nt of the dividends if the beneficial owner is a legal entit and directl
holds no less than a 30% stake in the company paying the dividends; 15% of the gross amount of
the dividends in all other cases.
5. A rate of of the gross amo nt of the dividends if the beneficial owner is a com an that holds at
least 50% of the share capital of the company paying the dividends; 15% of the gross amount of the
dividends in all other cases.
6. A rate of 0 of the gross amo nt of the dividends if the beneficial owner is a com an other than a
of the gross amo nt of the dividends if the beneficial owner is a com an other than a artnershi
that directly holds at least 25% of the capital of the company paying the dividends; 10% of the gross
amount of the dividends in all other cases.

Tajikistan
7. A rate of 5% of the gross amount of the royalties paid for the use of or the right to use software, or
ind strial, commercial, or scientific e i ment 10 of the gross amo nt of the ro alties in all other
cases.
partnership) that directly holds at least 25% of the share capital of the company paying the dividends;
10% of the gross amount of the dividends in all other cases.
partnership) that directly holds at least 25% of the share capital of the company paying the dividends;
15% of the gross amount of the dividends in all other cases.
10. A rate of of the gross amo nt of the dividends if the beneficial owner is a com an that directl
holds at least 25% of the share capital of the company paying the dividends; 10% of the gross
11. A rate of of the gross amo nt of the dividends if the beneficial owner is a erson who directl
holds at least 25% of the share capital of the company paying the dividends; 10% of the gross
13. Interest arising in Tajikistan and paid to the government of Turkey or to the Central Bank of Turkey
shall be exempt from Tajikistan tax; interest arising in Turkey and paid to the government of Tajikistan
or to the National Bank of Tajikistan shall be exempt from Turkish tax.
14. ifferent rates a l de ending on the beneficial owner.
15. nterest can be e em t if the beneficial owner of the interest is a bank or ension scheme, s b ect to
certain conditions.
Tax administration
Taxable period
The Tax Code prescribes a calendar year as the tax year.
Tax returns
nnua e arat ons are ue b r n the ear o ow ng the ta ear en
Taxpayers are required to submit their estimated calculation of monthly advance

payments of CIT.
ayment o tax
th res e t to a an e a ments are ue e er th a o the month a ment o
an outstan ng ab t es s re u re not ater than r o ow ng the re ort ng
tax period.
he sett ement o m n mum n ome ta shou be one b r o ow ng the

reporting tax period in cases where it exceeds CIT liability.
Fines and interest penalties

he fine or a ure to fi e a ta return ranges rom a m n mum amount o a u at on
n e wh h s urrent to a ma mum fine o or he
amount o the fine e en s on the ta a er s ategor an shou be assesse base on
each ten days of delay. In the absence of tax returns, the tax authorities are entitled to
assess taxes based on any information available.
nes ma be assesse n the amount o to o the un erstate ta ab t es n

severe cases, a violation may be considered a criminal offence.
fine or a ure to w thho an rem t ta ma be assesse n the amount o to

a ro mate to o the ta not w thhe
nterest ena t es ma a to ate ta a ments n the amount o o the

underpaid tax amount, for each day of tax underpayment.
Tax audit pro ess

Tajikistan tax authorities have the right to conduct regular tax audits (once per year for
planned tax audits). Generally, there are two types of audits:

Tajikistan
• Planned tax audits. Planned tax audits are conducted according to the list of entities
that fall under tax audit, published by the competent authority.
• Unplanned tax audits. Reorganisation or liquidation of a legal entity, the expiration of
the contract on subsoil use, validation of the VAT amount that is charged for a return,
etc., may trigger an unplanned tax audit.
o umentar ta au ts ma be urther sub e nto om rehens e e o er ng

a ta es themat o er ng on s e fi t e o ta es or ross he k o er ng on
transactions with a particular counterparty). Comprehensive and thematic audits may
be conducted once a year.
he first anne o umentar ta au t o a sma bus ness m ement ng the

s m fie ta s stem an be arr e out on a ter u a en ar months rom the
date of its registration.
The tax authority sends or presents a notice of a tax audit to a taxpayer no later than ten
working days before the start of the documentary tax audit unless otherwise provided in
the Tax Code.
he er o o ta au ts s e fie n ssue or ers sha not e ee work ng a s

from the date of receipt of the order, unless otherwise provided in the Tax Code.
Taxpayers are allowed to make changes to prior period tax returns within the statute of
m tat ons three ears o fines shou a to orre t ons n th s ase

The tax authorities are currently paying particular attention to deals involving sale of
shares and participation interests.
t er issues
doption o S
In accordance with the governmental Resolution of the Republic of Tajikistan
on ern ng nternat ona tan ar s o nan a tatements the n str o nan e o
the e ub o a k stan sha a o t through a ste b ste a roa h tart ng
rom ur a ega ent t es shou a howe er at ona ount ng
tan ar s ma st be a ab e b om an es e e t or ub om an es
Accounting policies and practices are being revised in light of the legal requirement that
om an es a o t an nternat ona ount ng tan ar s u h re se a ount ng
o es shou be a o te b om an es boar s o re tors an ssem nate to a the
accounting units with clear instructions on how to introduce and follow the new policies T
and procedures.

Thailand
PwC contact
Somboon Weerawutiwong
PricewaterhouseCoopers Legal & Tax Consultants Ltd.
15th Floor, Bangkok City Tower
179/74-80 South Sathorn Road
Bangkok 10120
Thailand
Tel: +66 2 344 1247
Email: somboon.weerawutiwong@th.pwc.com

The corporate income tax (CIT) rate of 20%, which was previously reduced to this
rate on a tem orar bas s has now been ma e o fi a un er the e enue o e or
accounting periods beginning on or after 1 January 2016.
Furthermore, the rates for companies with low paid-in capital and income have been
changed.

Thailand incorporated companies are taxed on worldwide income. A foreign
n or orate om an s ta e on ts rofits ar s ng rom or n onse uen e o the
business carried on in Thailand.
The CIT rate is 20%.
A foreign company not carrying on business in Thailand is subject to a withholding tax

(WHT) on certain types of assessable income (e.g. interest, dividends, royalties, rentals,
and service fees) paid from or in Thailand. The rate of tax is generally 15%, except for
dividends, which is 10%, while other rates may apply under the provisions of double tax
treaties (DTTs).
ates or ompanies wit low paid in apital and in ome

Companies and juristic partnerships with a paid-in capital not exceeding 5 million Thai
baht (THB) at the end of any accounting period and income from the sale of goods and/
or the provision of services not exceeding THB 30 million in any accounting period will
be subject to tax at the following rates:
For accounting periods beginning on or after 1 January 2015 but no later than 31
December 2016:
et pro t (T ) Tax rate (%)

0 to 300,000 0
Over 300,000 10
For accounting periods beginning on or after 1 January 2017:
et pro t (T ) Tax rate (%)

0 to 300,000 0
300,001 to 3 million 15
Over 3 million 20
363 Thailand PwC Worldwide Tax Summaries

Thailand
edu ed rates or ertain banking transa tions

anks are sub e t to ta at the rate o on the r rofits er e rom en ng to non
Thai residents from foreign currency funds obtained from non-Thai sources (so-called
‘out-out’ business).
etroleum in ome tax

Taxation on income from petroleum operations is imposed on petroleum concessionaire
companies by the Petroleum Income Tax Acts (PITA). Companies taxed under the PITA
are exempt from taxes and duties on income imposed under the Revenue Code and
under any other laws. The exemption applies so long as the company pays taxes and
duties on income subject to the PITA or on dividends paid out of income subject to the
PITA.
etro eum om an es are ta e at the rate o o the r annua net rofit rom
etro eum o erat ons n u ng rofit rom the trans er o the r on ess on nterests an
other activities incidental to petroleum operations. Deductions are allowed for ‘ordinary
and necessary’ business expenses, as well as depreciation of capital expenditure,
etro eum ro a t es an other harges erta n t es o e enses are s e fi a
disallowed for deduction, including interest.
o al in ome taxes
There are no local government taxes on income in Thailand.
orporate residen e
Corporate residence is determined by the place of incorporation. A company
incorporated under the laws of Thailand is a resident company.
A company incorporated abroad is subject to CIT in Thailand if it is considered to

be carrying on business in Thailand. The term ‘carrying on business in Thailand’ is
broad and, subject to the provisions of DTTs, includes the presence of an employee,
representative, or go-between that results in a foreign corporation deriving income or
gains in Thailand.
t er taxes
alue added tax T
he stan ar rate o s but the rate s urrent re u e to unt
September 2016. VAT is levied on the sale of goods and the provision of services. Exports
are zero-rated, while a number of goods and services are exempt (e.g. basic groceries,
education, healthcare, interest, leasing of immovable property, sale of real estate).
T
ustoms duties
Basis of taxation
Customs duties are imposed under the Customs Act and the Customs Tariff Decree.
Customs duties are collected on both imports and a limited number of exports.
ass fi at on o m orts s base on the armon e ommo t es r t on an
Coding System (the so-called ‘Harmonized System’). Thailand has adopted the
Association of Southeast Asian Nations (ASEAN) Harmonized Tariff Nomenclature
(‘AHTN’) 2012, which is based on the Harmonized System 2012, as its import tariff
nomenclature.
ut es are e e on a s e fi or an ad valorem basis, whichever is higher, and the

applied ad valorem duties range between 0% and 80%. Exemptions from import duties
are available on particular items of goods as prescribed in the Customs Tariff Decree.
www.pwc.com/taxsummaries Thailand 364

Thailand
Preferential duty rates are available on imported goods from countries that have a
preferential free trade agreement (FTA) with Thailand.
Currently, Thailand has FTAs with the following countries:
• ASEAN member states (Singapore, Vietnam, Malaysia, Indonesia, Philippines,

Cambodia, Laos, Myanmar, and Brunei)
• Australia
• Chile
• India
• Japan
• New Zealand
• Peru
Also, as a member of ASEAN, Thailand has preferential trade agreements with the
following countries:
• Australia and New Zealand

• China
• India
• Japan
• Korea
Generally, the value of imports is based on their cost, insurance, and freight (CIF),
whereas exported goods are based on their free on board (FOB) amount.
Thailand has implemented the World Trade Organization (WTO) Valuation Agreement.
The primary basis for the customs value is the transaction value, which is the price
actually paid or payable for the goods when sold for export, subject to adjustments
for certain elements that are considered to form a part of the value for customs
purposes or that can be deducted from the value of the imported goods (e.g. the cost of
transportation after the importation, duties and taxes associated with the import).
Elements that may need to be added include royalties and licence fees that are related
to the goo s an a as a on t on o sa e ro ee s rom subse uent resa e n the
importing country, and the value of goods or services supplied by the buyer, such
as design or development fees related to the imported goods. If the declared price is
evidently low or is unlikely to be the true value of such goods, Thai Customs will likely
dispute the declared price.
Customs controls and procedures

Customs procedures for goods arriving in Thailand in any manner are similar to those
e st ng n most other ountr es n m orter s re u re to fi e an entr orm together
w th other re u s te o uments n u ng a b o a ng n o e an a k ng st a
the e-Customs system.
Customs duties are due upon the arrival of the vessel carrying the imported goods, and
goods may be stored in a bonded warehouse for a period not exceeding 60 days. Landing
and storage charges must be paid before the goods are released.
Customs incentives schemes

ar ous ustoms n ent es s hemes ea h w th ts own s e fi on t ons an ut
privileges, are available in Thailand, including the following:
• Duty and tax compensation (‘tax coupons’).

• Duty drawback under Section 19 bis for imported raw materials used in export
production.
• Duty drawback for re-export in the same state under Section 19.

Thailand
• Free zones (Customs or Industrial Estate Authority of Thailand Free Zones).

• Manufacturing bonded warehouses.
• General bonded warehouses.
• Board of Investment (BOI) promotion.
Offences and penalties

Although, technically, an offence against the customs law is a criminal offence, in
practice, legal procedures are usually concerned with the recovery of tax arrears and
fines en es n u e non om an e w th ustoms ro e ures a se e arat ons an
the most serious offence of smuggling and evasion of customs duties. Statutory penalties
are as prescribed by the relevant provisions of the Customs Act. Where Customs and
the offender agree to settle the case at the Customs level (i.e. waiver of prosecution),
the penalties would be in accordance with the settlement criteria as prescribed by
the Director-General of the Customs Department. This is typically two times the duty
and one times the VAT shortfall. For import licensing errors and offences related to
smuggling, the penalties are based on a multiple of the value of the goods.
Ex ise tax
Basis of taxation
Excise tax is a form of consumption tax that is imposed on the sale of a selected range
of services and goods (whether manufactured locally or imported) that are considered
‘luxuries’. The tax liability arises on locally manufactured goods when leaving the
factory and at the time of importation for imported goods.
e ow s an out ne o the ormu a or the ad valorem rate on commodities subject to

e se ta n ha an owe er s e fi rates a on some ommo t es a rates are
based on ad valorem or a s e fi rate wh he er s h gher
Excise tax payable = (CIF+ID) x ((ETR)/(1-(1.1 x ETR)))
Where:
• CIF: Landed CIF price.

• ID: Amount of import duty.
• ETR: Excise tax rate % (in schedule).
Note that the above formula does not apply to alcoholic beverages, for which a different
s e fi a u at on w a
The excise tax computation method may be changed due to a possible revision of the
excise tax base to suggested retail price for all excise products. However, the draft
regulation is still under consideration by the Council of State and there is no exact
timeline to conclude this draft. T
Taxable goods and services
xcise tax rate (% except here

Commodities * stated)
Petroleum and petroleum products 0 to 36
Certain non-alcoholic beverages 0 to 25
Certain electrical appliances 0 to 15
Crystal glassware 0 to 15
Motor vehicles 0 to 50
Boats 0
Perfume products and cosmetics 0 to 15

Thailand
xcise tax rate (% except here

Commodities * stated)
Entertaining services, turf courses, race courses, and golf 0 to 20
courses
Telecommunication business 0
Alcoholic beverages 0 to ad valorem rate and s ecific
rate at THB 0 to THB 1,000 per litre
per 100 degree or THB 0 to THB 225
per litre (whichever is higher) and
THB 3 per each excess degree
Cigarettes containing tobacco 10 to 87
Woollen carpets 0 to 20
Motorcycles 0 to 20
Batteries to 10
Playing cards THB 2/100 cards or
THB 30/100 cards
one de leting s bstances, chloro orocarbons 0 to 30
* Source: The Excise Department website
In addition to the excise tax, an interior tax is also levied by the Excise Department at
a rate of 10% of excise tax payable. Other taxes, such as Health Tax and Thai Public
roa ast ng er e ta or ta ma a to erta n s e fie ro u ts n
the categories of cigarettes and alcoholic beverages.
he manu a turer o the ro u ts must fi e a return an rem t the ta ue r or to tak ng

the goods from the factory or bonded warehouse. If a VAT liability arises before the
goo s are taken out o su h o at ons the manu a turer must fi e a return an rem t the
excise tax to the Excise Department within 15 days from the end of the month.
Stamp duty
Stamp duty is levied on 28 different types of documents and instruments, including
contracts for hire of work, loans, share transfers, leases of land or buildings, and
insurance policies. The rate of stamp duty varies depending on the type of agreement,
but ranges from THB 1 per THB 1,000 of value on most contracts and agreements to a
fi e amount er nstrument on most ommer a an other o uments nstam e
documents are not admissible as evidence in a civil lawsuit, and the surcharge can be as
high as 600% of the duty for failure to pay the stamp duty on a timely basis.
Spe ifi business tax

e fi bus ness ta s o e te at fi e rates on the gross re enue o erta n bus nesses
not sub e t to ommer a bank ng s m ar finan a bus nesses an the sa e o
immovable property are taxed at 3% and life insurance at 2.5%.
he rate o s e fi bus ness ta has been re u e to or erta n re enue er e

b ommer a banks an finan e se ur t es an re t on er bus nesses as we as
businesses that have regular transactions similar to commercial banking.
An additional 10% of the tax is levied as municipality tax.
apital taxes
There are no capital taxes in Thailand.
ayroll taxes
An employer is responsible for withholding personal income tax (PIT) from all salaries
an benefits a to or on beha o an em o ee an rem tt ng su h ta to the e enue

Thailand
Department within seven days from the end of the month in which the salaries and
benefits were a
Social security contribution

Contributions are levied at the rate of 5% of the monthly salary of each employee,
subject to a maximum levy per employee of THB 750 per month. These contributions are
payable by both the employer and employee.
o al taxes
There are currently three major local taxes. However, it should be noted that the house
and land tax and the local development tax below are planned to be revoked and
replaced by a new land and building tax. The taxes currently in effect are as follows:
House and land tax

House and land tax is levied annually at the rate of 12.5% of the assessed economic
rental income.
Local development tax

Local development tax is levied annually at rates ranging between 0.25% and 0.95% of
the value of land assessed by local authorities. This tax does not apply if the property is
subject to the house and land tax.
Signboard tax
Signboard tax is levied annually on certain commercial signs or billboards at varying
rates a or ng to s e an anguage use he rates er s uare ent metres are
3 if all words are in Thai, THB 20 if both Thai and foreign words are used, and THB 40 if
only foreign words are used or if the Thai words are below the foreign words.
Bran in ome
ran hes o ore gn or orat ons are sub e t to on o a earne rofits on ran h
rofits rem tte to the ore gn hea o fi e are sub e t to an a t ona ta at the rate
o owe er th s s a ta on the s os t on o rofits abroa an s not m te to
rem ttan es or e am e a re t o rofit to the hea o fi e a ount n the books s he
to be a s os t on o rofit abroa e en though no rem ttan e o un s takes a e
n ome determination
n entory aluation
Inventory is valued at the lower of cost or market price. Any recognised method of
ascertaining the cost price may be used, but a change in the method may only be made
with the prior approval of the Director-General of the Revenue Department. T
apital gains
here s no s e fi eg s at on go ern ng a ta ga ns a ta ga ns earne b a ha
company are treated as ordinary revenue for tax purposes. Capital gains on the sale of
investments derived from or in Thailand by a foreign company not carrying on business
in Thailand are subject to a tax of 15%, withheld at source by the purchaser, unless
otherwise exempt under a DTT.
The following income earned by a foreign company not carrying on business in Thailand
is subject to 15% WHT:
• Interest on bonds/debentures issued by state enterprises.

• Difference between the redemption price and the initial sale price of bonds issued by
the go ernment state enter r ses an s e fie nst tut ons

Thailand
• Gains on the transfer of bonds issued by the government, state enterprises, and
s e fie nst tut ons
i idend in ome
Dividends received from a Thai company by a company listed on the Stock Exchange of
Thailand are exempt from tax. Dividends received by a non-listed company from other
Thai companies are also exempt from tax, provided that the company receiving the
dividends holds at least 25% of the total voting shares without any cross-shareholding
in the company paying the dividend and that the shares have been held for at least three
months before and three months after the dividends were received.
In other cases, where one Thai company receives dividends from another Thai company,
one-half thereof is exempt from tax also on the condition that the shares have been held
for at least three months before and three months after the dividends were received.
Dividends received from a company incorporated abroad are exempt from tax if the Thai
company receiving the dividends holds at least 25% of the shares with voting rights of
the company paying the dividends for a period of not less than six months before the
date on which the dividends are received and the dividends are derived from the net
rofit n the ore gn ountr ta e at a rate o not ess than n the e ent that a
‘special law’ in a particular foreign country provides a reduced tax rate or exemption for
the net rofit the m te om an that re e es the en s s st e g b e or the ta
exemption.
he share o rofits re e e b a ha om an or a ore gn om an arr ng on

business in Thailand from an unincorporated joint venture carrying on business in
Thailand is exempt from tax.
Stock dividends
Stock dividends are taxable to the recipient as ordinary income.
nterest in ome
Interest is taxable as income on the accrual basis.
oreign in ome
Thailand incorporated companies are taxed on worldwide income. The Revenue Code
does not describe how foreign income received by a Thailand incorporated company
is taxed, but the Revenue Department regards foreign branch income as taxable when
earned and foreign dividend income as taxable when received. Double taxation is
relieved by way of a credit against the tax chargeable in Thailand (see Foreign tax credit
i a i sa i i s s i ).
edu tions
epre iation, amortisation, and depletion
Deductions for depreciation are allowed as a percentage of cost. If the rate of deduction
adopted by a company under its own accounting method is lower than the maximum
percentage of cost permitted, a deduction will be allowed only at the rate adopted by
the company. The straight-line basis is the method most commonly used by companies,
but any generally accepted basis, such as sum-of-the-years-digits or double-declining
method, is permitted. The maximum permitted rates are shown below:
Asset aximum permitted rate (%)

Buildings:
Durable buildings 5
Temporary buildings 100

Thailand
Asset aximum permitted rate (%)

Cost of acquisition of depletable natural resources 5
Cost of acquisition of lease rights:
If there is no written lease agreement or if there is a written 10
lease agreement containing a renewal clause whereby
continual renewals are permitted
If there is a written lease agreement containing no renewal Percentage rate equals 100 divided
clause or containing a renewal clause but restricting by the sum of years of the original
renewable eriods to a definitel limited d ration and renewable lease periods
Cost of acquisition of the right in a process, formula, goodwill,
trademark, business licence, patent, copyright, or any other
right:
If the period of use is unlimited 10
If the period of use is limited Percentage rate equals 100 divided
by the number of years of use
Other assets not mentioned above, excluding land and 20
inventory
Special depreciation methods for certain assets
• a h ner an e u ment or resear h an e e o ment ma n t a be

depreciated at 40% of cost, with the remaining balance being depreciated at the
above maximum rate of 20% per annum.
• Computer hardware and software may be depreciated within three accounting
periods.
Special depreciation method for small companies

om an es an ur st artnersh s w th fi e assets e u ng an w th a a ue o no
more than THB 200 million and with no more than 200 employees are entitled to use the
following special depreciation methods:
• a h ner an e u ment ma n t a be e re ate at o ost an the

remaining balance will then be depreciated at the maximum rate of 20%.
• Computer hardware and software may initially be depreciated at 40% of cost, and the
remaining balance can then be depreciated within three accounting periods.
• Factory buildings may initially be depreciated at 25% of cost, and the remaining
balance will then be depreciated at the maximum rate of 5%.
Start up expenses
Start-up expenses, such as incorporation expenses and registration fees, are deductible
when the expenses are incurred.
nterest expenses
nterest on mone borrowe or the ur ose o a u r ng rofit or or the ur ose o the
T
business is deductible. Interest incurred in respect of the construction or installation of
fi e assets that re u re a er o o t me be ore the are rea or the r nten e use s
considered to be capital expenditure.
Bad debts
Bad debts written off are deductible, provided that they are consistent with the rules,
procedures, and conditions prescribed by the Ministerial Regulations.
onat ons to s e fie har t es or or ub benefit are e u t b e n the amount
a tua a but not e ee ng o net rofit onat ons or e u at on or s ort are
a so e u t b e n the amount a tua a but not e ee ng o net rofit

Thailand
Donations to support certain educational or recreational programmes are allowed a

double deduction for tax. Donations made to sports entities from 1 January 2016 to 31
December 2018 are also allowed a double deduction for tax.
ines and penalties

Fines, penalties, and surcharges paid under the Revenue Code are not deductible.
Taxes
In general, all taxes are deductible except CIT and VAT (in certain cases) and any related
penalties and surcharges thereon.

Non-deductible expenses include, but are not limited to, the following:
• Expenses in the nature of provisions.

• Contributions to any fund (except for an approved provident fund).
et operating losses
osses ma be arr e orwar or the o ow ng fi e a ount ng er o s he arr ba k
of losses is not permitted. A change in control of a loss-making company does not impact
its loss carried forward status.

A Thailand incorporated company may claim a deduction for royalties, management
service fees, and interest charges, provided they are expended exclusively for the
ur ose o generat ng rofit or or the ur ose o the bus ness n ha an an are
determined on an arm’s-length basis.
roup taxation
Group taxation is not permitted in Thailand.
Trans er pri ing

ha an w soon ntro u e s e fi trans er r ng ro s ons nto the n ome ta aw
One of the expected provisions is to make transfer pricing disclosure at the time of tax
fi ng man ator
At present, related-party transactions are governed under the general provisions of the
ta aw wh h re u re om an es to transa t on an arm s ength bas s as we as the
transfer pricing guidelines.
The transfer pricing guidelines are in the form of a Departmental Instruction (no. Paw
113/2545) and do not have the status of legislation. This instruction provides internal
re t es to e enue o fi a s to a here to when on u t ng trans er r ng au ts
reviews, or investigations. It also provides guidelines to taxpayers on setting arm’s-
length prices for their transactions with related parties.
The instruction authorises the use of both traditional transaction methods (i.e.
comparable uncontrolled price, resale price, and cost plus methods), as well as
transa t ona rofit metho s n or er to eterm ne the market r e o a transa t on
Although taxpayers are technically expected to consider using traditional transaction
metho s be ore resort ng to us ng a transa t ona rofit metho no one metho s
preferred in practice.
he nstru t on a so efines the term market r e es r bes the trans er r ng

o umentat on re u rements an a ows ta a ers to a or a an e r ng
agreements (APAs) in respect of any related-party transaction.

Thailand
To address the APA process, the Revenue Department has issued separate APA
guidelines. At present, Thailand accepts only bilateral APAs and limits the period
o ere to three to fi e a ount ng er o s n a om an or artnersh n or orate
n ha an wh h enters nto ntra grou transa t ons w th a fi ates who are res ents
of Thailand’s treaty partners, may apply for an APA.
n e the s e fi trans er r ng ro s ons are ena te t s e e te that there w

be additional subordinate regulations to provide further details of the transfer pricing
re u rements n ha an
T in apitalisation
There are no thin capitalisation rules. However, for certain businesses or as part of the
on t ons or grant ng ta n ent es a erta n ebt to e u t rat o ma be re u re

There are no tax provisions in respect of CFCs.

Board o n estment B tax in enti es
The BOI, by virtue of the Investment Promotion Act, provides tax incentives to certain
activities within the following categories:
• Agriculture and agricultural products.

• Mining, ceramics, and basic metals.
• Light industry.
• eta ro u ts ma h ner an trans ortat on e u ment
• Electronic industry and electrical appliances.
• Chemicals, paper, and plastics.
• Services and public utilities.
The tax incentives available include the following:
• Exemption from import duties on imported machinery.

• Exemption from import duties on raw and essential materials imported for
manufacturing for export.
• em t on rom e ua to or more than the amount o the n estment e u ng
the cost of land and working capital, for up to eight years, depending on the
promoted activity.
• Exclusion of dividends derived from promoted enterprises from taxable income
during the period of exemption from CIT.
Incentives by category T
n er the romot on s heme o us s a e on the a t t es an the
importance of the activities. Tax incentives are categorised under four categories (A1 to
A4) and non-tax incentives under two categories (B1 and B2), as below:
Import duty Import duty exemption

exemption on on ra materials for on tax
roup CIT exemption machinery export incentives
A1 8 years (without cap) + Yes Yes Yes
merit
A2 8 years + merit Yes Yes Yes

Thailand
Import duty Import duty exemption

exemption on on ra materials for on tax
roup CIT exemption machinery export incentives
B1 Merit (some activities) Yes Yes Yes
B2 Merit (some activities) No Yes Yes
Additional incentives based on the value of a project (merit-based incentives) have

been launched in order to motivate the investor to invest or spend on activities that will
benefit the ountr or the n ustr as a who e
Merit on research and development (R&D)

R&D merit-based incentives will depend on the investment made or expenses incurred
by investors in R&D for their business, the provision of advance training to employees, or
the development of local suppliers. The investment or expenses are as follows:
dditional investment
cap (% of investment or
Investment on expenses incurred)
R&D, whether in-house, outsourced in the country, or in cooperation 200
with educational or research institutions abroad
Donations to the Technology and Human Resources Development 100
Fund as approved by the BOI
Licence fees paid for technology developed in the country 100
Training in advance technology 100
Development of local suppliers with not less than 51% Thai 100
shareholding in advance technology training or technical assistance
Product or packaging design, whether in-house or outsourced in the 100
country as approved by the BOI
Additional years of tax exemption will be added to the standard tax incentives received
as follows:
dditional period of tax exemption ith cap

Investment/expenditure based on the sales based on amount of investment (in total
revenue in the rst years maximum period is years)
1 or 200 million 1 year
2 or 00 million 2 years
or 600 million 3 years
Merit on decentralisation
As the zoning scheme has been abolished, investment promotion zones have been
included as a decentralisation merit to businesses that include any of the following 20
provinces with low average income:
Kalasin, Chaiyaphum, Nakhon Phanom, Nan, Bung Karn, Buri Ram, Phrae, Maha
Sarakham, Mukdahan, Mae Hong Son, Yasothon, Roi Et, Si Sa Ket, Sakhon Nakhon, Sa
aew ukhotha ur n ong ua am hu bon at hatan an mnat haroen
Additional incentives for enterprises located in these 20 provinces include the following:
• hree a t ona ears o e em t on owe er re u t on o o or fi e

years after the end of the tax holiday will be granted to projects with activities in
Group A1 and A2.

Thailand
• Double deduction from taxable income of the cost of transportation, electricity, and
water su or ten ears rom the ate on wh h re enue was first er e rom the
promoted activity.
• e u t on rom net rofit o o the ro e t s n rastru ture nsta at on or
construction costs in addition to normal depreciation; such deduction can be made
rom the net rofit o one or se era ears w th n ten ears rom the ate on wh h
re enue was first er e rom the romote a t t
Merit on industrial area development

One additional year of CIT exemption will be granted to projects located within
an industrial estate or promoted industrial zone. However, the total period of CIT
exemption will not exceed eight years.
esear and de elopment in enti es
Tax incentives given to R&D contractors

R&D is a promoted activity under the Investment Promotion Act, which prescribes the
criteria and conditions to be followed by an R&D contractor.
Tax incentives given are as follows:
• CIT exemption on income derived from the provision of R&D services as stated in the
n estment romot on ert fi ate ua fie ser es or e ght ears w th no a
• Exemption from import duty on imported machinery and raw materials for
manufacturing for export.
• Exclusion of dividends derived from promoted enterprises from taxable income
during the period of CIT exemption.
The R&D services must be of a description that is:
• Basic research: Activities that are conducted to explore new knowledge from basic
natural phenomena and factual observation.
• Applied research: The application of basic knowledge to solve or develop a concept
for commercial purposes.
• Pilot development: Activities performed to magnify a production scale from basic
research and applied research.
• Demonstration development: To verify a technology and production process and to
demonstrate the level of integrity of such process and viability on a commercial scale
ro u t on n both ua t ontro an ost est mat on
Tax bene ts under the evenue Code

According to the Revenue Code, an additional 100% deduction for tax is allowed in
respect of expenditure on R&D for technology and innovation (including product and
process innovation) when hiring government agencies or the private sector, as approved T
by the Director-General of the Revenue Department, provided the R&D is incurred in
Thailand.
In addition to the above, a further 100% tax deduction is granted for R&D expenses paid
from 1 January 2015 to 31 December 2019 with threshold amounts depending on the
revenue of the company.
egional operating ead uarters

ROH means a company organised under the Thai law providing administrative, technical
ass stan e or su ort ng ser es to ts omest or o erseas a fi ate enter r ses or
branches in at least three countries other than Thailand with a paid-in capital of at least
THB 10 million on the last day of any accounting period.

Thailand
Tax incentives available to ROH are currently under two packages. However, since 14
o ember the r eges un er the se on a kage are no onger a a ab e to new
applicants.
The criteria for ROH are:
• Company formed under Thai law with a minimum paid-up capital of THB 10 million.
• ro s on o ua fie ser es to ua fie a fi ates om an es w th at east
common group ownership) in at least three countries other than Thailand.
• n ome rom ser es ro e to or ro a t es re e e rom o erseas a fi ates must
be at least 50% of the total income of the ROH company (reduced to one-third for the
first three ears
The following corporate tax incentives are still available to existing and new
a ants un er the first a kage ro e a o the r ter a are met
• n ome ta on net rofit rom ser es ro e to ore gn an omest

a fi ates
• n ome ta on net rofit rom ua fie ro a t es an nterest n ome rom
en ng borrowe un s to omest an ore gn a fi ates
• or orate an omest e em t ons on en s re e e rom a fi ates
• Exemption from WHT on dividends paid to foreign corporate shareholders on net
rofit ar s ng rom ua fie n ome
nternational ead uarters

n s efine as a om an n or orate un er the aw o ha an or the ur ose
o ro ng manager a te hn a or su ort ng ser es or finan a management to ts
associated enterprises or branches situated in Thailand or abroad. This includes carrying
on a business as an international trade centre (see International trade centre below),
which has been approved as an IHQ.
The criteria for an IHQ are:
• A company formed under Thai law with minimum paid-up capital of THB 10 million.
• anager a te hn a or su ort ng ser es an finan a management n the ase
of treasury centres, as stated below must be ro e to ore gn a fi ates om an es
with at least 25% common group ownership, directly or indirectly).
• Operating expenses related to IHQ activities of at least THB 15 million per year.
The tax concessions are:
• on net rofit rom ua fie ser es ro e to omest a fi ates an

ro a t es er e rom omest a fi ates
• u e em t on on net rofit rom ua fie ser es ro e to ore gn a fi ates
ro a t es an en s er e rom ore gn a fi ates an a ta ga ns rom the
trans er o shares n ore gn a fi ates un er on t ons
• WHT exemption on dividends paid to foreign corporate shareholders from the net
rofit er e rom the n ome e em t rom ta
• atr ates em o e b the an hoose to be ta e at a at rate o rom the
ate on wh h the be omes ua fie unt the ate on wh h the s no onger
ua fie or the em o ment s term nate
Please note the following:
• ua fie w be grante ta r eges or a ount ng er o s

• The total income subject to tax at the 10% rate must not exceed the total income from
ua fie ser es an ro a t es that are both e em t rom ta

Thailand
• an a ks an o the ua fi at ons n an a ount ng er o the r ght to the ta

privileges will be suspended only for that accounting period.
Treasury entre T
n that has obta ne a en e rom the ank o ha an an re uest a ro a
from the Revenue Department for the tax concessions available when carrying on the
bus ness o finan a management or ts asso ate enter r ses or bran hes s tuate n
Thailand or abroad.
Financial management includes:
1. Financial management of a TC permitted under the law governing exchange control.

2. Borrowing and lending of Thai currency (‘Baht’) in the following cases:
a. un s borrowe rom ha finan a nst tut ons or a fi ates n ha an
b. Lending of funds obtained from operations under 1 or 2 (a) in Thai currency to
a fi ates n ha an
• WHT exemption on interest paid to foreign companies not carrying on business in

ha an on oans borrowe or re en ng to a fi ates
• em t on rom s e fi bus ness ta on remunerat on re e e rom finan a
management ro e to a fi ates
• Other tax concessions available for the TC activities are the same as for IHQ noted
above.
ua fie w be grante ta r eges or a ount ng er o s
The criteria are the same as noted above for an IHQ.
a a ks an o the ua fi at ons n an a ount ng er o the r ght to the ta

nternational trade entre T

n s efine as a om an estab she un er the aw o ha an an engage n
the business of buying and selling goods, raw materials, and parts, including providing
services relating to international trade to foreign juristic entities. Services relating to
international trade include procuring goods, maintaining goods awaiting delivery,
packaging, transporting goods, providing insurance for goods, providing advice,
including technical services and training relating to goods, and providing other services
as prescribed by the Director-General of the Revenue Department.
An IHQ is entitled to obtain approval to carry on a business as an ITC and enjoy the same
tax concessions. T
The criteria for ITC are:
• Company formed under Thai law with a minimum paid-up capital of THB 10 million.
• Operating expenses related to ITC activities of at least THB 15 million per year.
• Exemption from CIT on income from buying and selling goods abroad without
importing such goods into Thailand (out-out), including income from services
relating to international trade provided to foreign juristic entities and received in or
from a foreign country.
• WHT exemption on dividends paid to foreign corporate shareholders from the net
rofit er e rom the n ome e em t rom ta

Thailand
• atr ates em o e b the an hoose to be ta e at a at rate o rom the

ate on wh h the be omes ua fie unt the ate on wh h the s no onger
ua fie or the em o ment s term nate
ua fie w be grante ta r eges or a ount ng er o s
an a ks an o the ua fi at ons n an a ount ng er o the r ght to the ta

oreign tax redit

A Thai company can use foreign tax paid on business income or dividends as a credit
against its CIT liability. However, the credit cannot exceed the amount of Thai tax on the
income.
Wit olding taxes

W T rate s edule

Resident corporations 0/10 (1) 0/1 (2) 3
Resident individuals 10 15 Progressive rate (3)

Non-treaty 10 15 15
Treaty:
Armenia 10 10/15 (4) 15
Australia 10 10/15 (4) 15
Austria 10 10/15 (4) 15
Bahrain 10 10/15 (4) 15
Bangladesh 10 10/15 (4) 15
Belarus 10 10/15 (5) 15
Belgium 10 10/15 (4) 5/15 (6)
Bulgaria 10 10/15 (4) 5/15 (7)
Canada 10 10/15 (4) 5/15 (8)
Chile 10 10/15 (4) 10/15 (9)
China 10 10/15 (4) 15
Cyprus 10 10/15 (10) 5/10/15 (11)
Czech Republic 10 10/15 (4) 5/10/15 (12)
Denmark 10 10/15 (4) 5/15 (6)
Estonia 10 10 8/10 (13)
Finland 10 10/15 (4) 15
France 10 3/10/15 (14) 0/5/15 (15)
Germany 10 0/10/15 (16) 5/15 (6)
Hong Kong 10 10/15 (17) 5/10/15 (18)
Hungary 10 10/15 (4) 15
India 10 10/15 (4) 15
India - new (19) 10 10 10
Indonesia 10 10/15 (4) 15
Ireland 10 10/15 (20) 5/10/15 (21)
Israel 10 10/15 (4) 5/15 (22)
Italy 10 0/10/15 (23) 5/15 (6)
Japan 10 0/10/15 (24) 15

Thailand

Korea, Republic of 10 10/15 (17) 5/10/15 (25)
Kuwait 10 10/15 (4) 15
Laos 10 10/15 (4) 15
Luxembourg 10 10/15 (4) 15
Malaysia 10 10/15 (4) 15
Mauritius 10 10/15 (4) 5/15 (7)
Myanmar 10 10 5/10/15 (26)
Nepal 10 10/15 (4) 15
Netherlands 10 10/15 (4) 5/15 (6)
New Zealand 10 10/15 (17) 10/15 (27)
Norway 10 10/15 (4) 5/10/15 (28)
Oman 10 10/15 (29) 15
Pakistan 10 10/15 (4) 0/10/15 (30)
Philippines 10 10/15 (31) 15
Poland 10 10/15 (4) 0/5/15 (32)
Romania 10 10/15 (4) 15
Russia 10 10/15 (33) 15
Seychelles 10 10/15 (4) 15
Singapore 10 10/15 (4) 15
Singapore - new (34) 10 10/15 (35) 5/8/10 (36)
Slovenia 10 10/15 (4) 10/15 (37)
South Africa 10 10/15 (4) 15
Spain 10 10/15 (4) 5/8/15 (38)
Sri Lanka 10 10/15 (4) 15
Sweden 10 10/15 (4) 15
Switzerland 10 10/15 (4) 5/10/15 (39)
Taiwan 5/10 (40) 10/15 (4) 10
Tajikistan 10 10 5/10 (41)
Turkey 10 10/15 (4) 15
Ukraine 10 0/10/15 (42) 15
United Arab Emirates 10 10/15 (4) 15
United Kingdom 10 10/15 (4) 5/15 (6)
United States 10 10/15 (17) 5/8/15 (43)
Uzbekistan 10 10/15 (4) 15
Vietnam 10 10/15 (4) 15
Notes
1. The zero rate applies to a recipient company listed on the Stock Exchange of Thailand and any other
limited company that holds at least 25% of the total shares with voting rights in the company paying
T
the dividend without any cross shareholding.
2. he 1 rate a lies to interest aid to all resident cor orations other than banks or finance
companies, except where interest arises from bonds or debentures.
3. The progressive rate is in accordance with the PIT schedule.
4. he 10 rate a lies to interest aid to a reci ient that is a bank or financial instit tion incl ding an
insurance company).
5. he 10 rate a lies to interest aid i to a reci ient that is a bank or financial instit tion incl ding
an insurance company) or (ii) with respect to indebtedness arising as a consequence of a sale on
credit of any equipment, merchandise, or services.
6. The 5% rate applies to royalties paid for the use of, or the right to use, any copyright of literary,
artistic, or scientific work.
artistic, or scientific work, e cl ding cinematogra h films and films, ta es, or discs for radio or
television broadcasting.
8. The 5% rate applies to copyright royalties and other like payments in respect of the production or
reproduction of any literary, dramatic, musical, or artistic work, excluding royalties with respect to
motion ict re films and works on film or videota e for se in connection with television.

Thailand
artistic, or scientific work, or for the se of, or the right to se, ind strial, commercial, or scientific
equipment.
10. he 10 rate a lies to interest aid i to a reci ient that is a bank or financial instit tion incl ding
an insurance company); (ii) in connection with the sale on credit of any industrial, commercial, or
scientific e i ment or iii in connection with the sale on credit of an merchandise b one enter rise
to another enterprise.
11. The 5% rate applies to royalties paid for the use of or the right to use any copyright of literary,
dramatic, m sical, artistic, or scientific work, incl ding software, cinematogra h films or films, or
tapes used for radio or television broadcasting; and the 10% rate applies to royalties paid for the use
of or the right to se ind strial, commercial, or scientific e i ment or for information concerning
ind strial, commercial, or scientific e erience.
12. The 5% rate applies to royalties paid for the alienation or the use of or the right to use any copyright
of literar , artistic, or scientific work, e cl ding cinematogra h films or films or ta es sed for radio
or television broadcasting, and the 10% rate for the alienation of any patent, trademark, design, or
model, plan, secret formula, or process.
13. The 8% rate applies to royalties paid for the use of, or the right to use, industrial, commercial, or
scientific e i ment. he 10 rate a lies to ro alties aid in all other cases.
14. The 3% rate applies to interest paid on loans or credits granted for four years or more with the
artici ation of a financing blic instit tion to a stat tor bod or to an enter rise in relation to
the sale of any equipment or to the survey, the installation, or the supply of industrial, commercial,
or scientific remises and of blic works. he 10 rate a lies to interest aid to an financial
institution.
15. The zero rate applies to royalties paid to a contracting state or state-owned company with respect
to films or ta es, and the rate to ro alties for the alienation or the se of or the right to se an
co right of literar , artistic, or scientific work.
16. he ero rate a lies to interest aid to an financial instit tion wholl owned b the other contracting
state, a ‘land’, a political subdivision, a local authority, or a local administration thereof, and in
particular, in the case of the Federal Republic, by the Deutsche Bundesbank or the Kreditanstalt für
Wiederaufbau, and in the case of Thailand, by the Bank of Thailand. The 10% rate applies to interest
aid to a reci ient that is a bank or financial instit tion incl ding an ins rance com an .
17. he 10 rate a lies to i interest aid to a bank or financial instit tion incl ding an ins rance
company) and (ii) interest paid with respect to indebtedness arising as a consequence of a sale on
credit of any equipment, merchandise, or services, except where the sale was between persons not
dealing with each other at arm’s length.
18. The 5% rate applies to royalties paid for the use or the right to use any copyright of literary, artistic,
or scientific work and the 10 rate for the se or the right to se an atent, trademark, design, or
model, plan, secret formula, or process.
19. A new DTT between Thailand and India entered into force on 5 January 2016 and will be effective
from the tax year commencing on 1 January 2017.
20. he 10 rate a lies to i interest aid to an financial instit tion incl ding an ins rance com an
and (ii) interest paid with respect to indebtedness arising as a consequence of a sale on credit of any
equipment, merchandise, or services, except where the sale was between persons not dealing with
each other at arm’s length.
21. The 5% rate applies to royalties paid for the use of or the right to use any copyright of literary, artistic,
or scientific work, incl ding software, and motion ict res and works on film, ta e, or other means of
reproduction for use in connection with radio or television broadcasting, and the 10% rate for the use
of or the right to se ind strial, commercial, or scientific e i ment or an atent.
22. The 5% rate applies to royalties paid for the use of or the right to use any copyright of literary,
artistic, or scientific work, e cl ding cinematogra h films or films or ta es sed for radio or television
broadcasting.
23. he ero rate a lies to interest aid to an financial instit tion wholl owned b the other contracting
state, an administrative subdivision, or a local authority thereof. The 10% rate applies to interest paid
to a reci ient that is a bank or financial instit tion incl ding an ins rance com an .
24. he ero rate a lies to interest aid to an financial instit tion wholl owned b the government.
he 10 rate a lies to interest aid to a reci ient that is a bank or financial instit tion incl ding an
insurance company).
25. The 5% rate applies to royalties paid for the use of or the right to use any copyright of literary, artistic,
or scientific work, incl ding software and motion ict res and works on film, ta e, or other means of
reproduction for use in connection with radio or television broadcasting, and the 10% rate for the use
of or the right to use any patent, trademark, design, or model, plan, secret formula, or process.
26. The 5% rate applies to royalties paid for the use of, or the right to use, any copyrights of literary,
artistic, or scientific work, while the 10 rate a lies to ro alties for the consideration for an
services of a managerial or consultancy nature, or for information concerning industrial, commercial,
or scientific e erience.
27. The 10% rate applies to royalties paid for the use of or the right to use any copyright; or the use
of, or the right to se, an ind strial, scientific, or commercial e i ment or the se of, or the right
to se, an motion ict re film, or film or videota e or an other recording for se in connection
with television, or tape or any other recording for use in connection with radio broadcasting; or the
reception of, or the right to receive, visual images or sounds, or both, transmitted to the public by
satellite or, cable, o tic fibre, or similar technolog or the se in connection with television or radio
broadcasting, or the right to use in connection with television or radio broadcasting, visual images or
so nds, or both, transmitted b satellite or cable, o tic fibre, or similar technolog .
artistic, or scientific work, and the 10 rate a lies to ro alties aid for the se of or the right to se
ind strial, commercial, or scientific e i ment.
29. he 10 rate a lies to i interest aid to a bank or financial instit tion incl ding an ins rance
company) and (ii) interest from a loan or debt claim that is guaranteed by the government.

Thailand
30. The zero rate applies to royalties paid to a contracting state or a state-owned company with respect
to films or ta es, and the 10 rate a lies to ro alties aid for the alienation or the se of or the right
to se an co right of literar , artistic, or scientific work.
31. n case of interest arising in hailand, the 10 rate a lies to interest aid to a Phili ines financial
institution (including an insurance company). In the case of interest arising in the Philippines, the 10%
rate applies in respect of public issues of bonds, debentures, or similar obligations.
32. The zero rate applies to royalties paid to a contracting state or a state owned company with respect
to films or ta es. he rate a lies to ro alties aid for the alienation or the se of or the right to
se an co right of literar , artistic, or scientific work, e cl ding cinematogra h films or ta es sed
for television or broadcasting.
33. The 10% rate applies to interest paid to the following recipients (i) in the case of a resident of Russia,
any institution having a licence to carry on banking operations; and (ii) in the case of a resident of
hailand, an financial instit tion incl ding an ins rance com an .
34. A new DTT between Thailand and Singapore entered into force on 15 February 2016 and will be
effective from the tax year commencing on 1 January 2017.
35. he 10 rate a lies to interest if i the interest is aid to a beneficial owner that is a financial
institution or an insurance company; or (ii) the interest is paid with respect to indebtedness arising as
a consequence of a sale on credit of any equipment, merchandise, or services, except where the sale
was between persons not dealing with each other at arm’s length.
artistic, or scientific work, incl ding cinematogra h films, or films or ta es sed for radio or television
broadcasting. The 8% rate applies to royalties paid for the use of, or the right to use, any patent,
trademark, design or model, plan, secret formula or process, or for the use of, or the right to use,
ind strial, commercial, or scientific e i ment.
37. The 10% rate applies to royalties paid for the use of, or the right to use, any copyright of literary or
artistic work, incl ding motion ict res, live broadcasting, film, ta e, or other means of the se or
reproduction in connection with radio and television broadcasting, and for the use of, or the right to
se ind strial, commercial, or scientific e i ment.
dramatic, m sical, artistic, or scientific work, e cl ding cinematogra h films or films or ta es sed for
radio or television broadcasting. he rate a lies to ro alties in consideration of financial leasing
for the se of, or the right to se, ind strial, commercial, or scientific e i ment.
39. The 5% rate applies to royalties paid for the alienation or the use of, or the right to use, any copyright,
artistic, or scientific work, e cl ding cinematogra h films or films or ta es sed for radio or television
broadcasting, and the 10% rate for the alienation of any patent, trademark, design or model, plan,
secret formula, or process.
40. The 5% rate applies if the recipient holds at least 25% of the capital of the company paying the
dividend.
artistic, or scientific work.
42. he ero rate a lies to interest aid to an other financial instit tion established and owned b the
government to promote trade and investment. The 10% rate applies to interest paid to a recipient
that is a bank or financial instit tion incl ding an ins rance com an .
artistic, or scientific work, incl ding software, motion ict res, and works on film, ta e, or other
means of reproduction for use in connection with radio or television broadcasting. The 8% rate
a lies to ro alties aid for the se of, or the right to se, ind strial, commercial, or scientific
equipment.
Tax administration
Taxable period
The tax year for a company is its accounting period, which must be of 12 months’
urat on owe er t ma be ess than months n the ase o the first a ount ng
period after incorporation, the accounting period of dissolution, or after approval for a T
change in the accounting period has been received from the Revenue Department and
the Business Development Department.
Tax returns
he ta s stem s one o se assessment om an re ares an fi es ts ta returns b
the due dates and at the same time pays the taxes calculated to be due. The annual CIT
return is due 150 days from the closing date of the accounting period.
ayment o tax
s a tw e n ea h ear ha ear return must be fi e w th n two months a ter
the en o the first s months o an a ount ng er o he ta to be a s om ute
on one ha o the est mate rofit or the u a ount ng er o e e t or ste
om an es banks erta n other finan a nst tut ons an other om an es un er
res r be on t ons where the ta s base on the a tua net rofit or the first s

Thailand
months. The balance of the tax due is payable within 150 days from the closing date
of the accounting period, together with the annual tax return. Credit is given for the
amount of tax paid at the half-year.
Tax audit pro ess

w th n a er o o two ears rom the ate o fi ng a ta return the assessment o fi er
has reason to be e e that a se or na e uate n ormat on has been e are n a return
the assessment o fi er has the ower to ssue a summons re uest ng the resen e o
the person responsible, or a witness, for examination, and to order either of them to
produce accounts or other relevant evidence, provided that advance notice of seven days
s g en he subse uent e am nat on o the books an re or s s norma arr e out at
the om an s o fi es t s n on en ent to trans er a the o uments to the ta o fi e
ter om et on o the e am nat on the assessment o fi er has the ower to a ust the
amounts previously assessed or included in a return on the basis of the evidence, and
issue a further assessment for tax together with penalties and surcharges, or adjust the
amount of losses available for carryforward.
a au ts ma o er the re ous fi e a ount ng er o s rom the ate o fi ng a ta

return w th the a ro a o the re tor enera the assessment o fi er has e en e o
an intention to evade tax or in the case of a claim for a refund of tax. However, under the
Civil and Commercial Code, the Revenue Department can assess tax for up to ten years.
The statute of limitations for tax is ten years.

Topics of focus for tax authorities currently include the following:
• Deductibility of management service fees or expenses allocated to Thailand by

ore gn a fi ates
• International inter-company transactions and transfer pricing.
t er issues
he ntergo ernmenta agreement between the n te tates an ha an
regar ng the was s gne on ar h he agreement w enter nto
or e on the ate o ha an s wr tten not fi at on to the n te tates that ha an has
completed its necessary internal procedures for entry into force.
he reasur has re ous treate the to be n e e t s n e une

when the n te tates an ha an rea he an agreement n substan e an ha an
onsente to s ose th s status n a or an e w th th s status finan a nst tut ons n
Thailand were allowed to register on the FATCA registration website consistent with the
treatment of having an IGA in effect.

Timor-Leste
PwC contact
Tim Watson
PT Prima Wahana Caraka - PricewaterhouseCoopers
Plaza 89, Jl.H.R. Rasuna Said Kav. X-7 No. 6
Jakarta 12940 - Indonesia
Tel: +62 21 5212901
Email: tim.robert.watson@id.pwc.com

here ha e been no s gn fi ant or orate ta e e o ments n mor este ur ng the
past year.

mor este res ents are sub e t to n ome ta on wor w e ta ab e n ome where
ta ab e n ome s essent a the eren e between gross n ome an a owab e
e u t ons on res ents are genera sub e t to n ome ta on mor este sour e
income attributed to a permanent establishment (PE) (s a i s i
i ai on res ents w thout a ma be sub e t to a w thho ng ta
(WHT) (s i i a ss i i a i ).
he n ome o om an es s genera sub e t to or orate n ome ta at a at rate

o
ndustry spe ifi T rates

he rate o or o an gas ontra tors s wh e sub ontra tors are sub e t to
at the at rate o genera
u ementa etro eum a a so a es or o an gas ontra tors an s

m ose on a umu ate net re e ts us ng a s e fi ormu a s e u t b e or
calculation purposes.
e arate ta arrangements a or etro eum a t t es n the o nt etro eum

Development Area (JPDA) (s iss s s i ).
o al in ome taxes
here are no o a ta es on n ome n mor este
orporate residen e T
he efin t on o a or orate res ent res ent ega erson o ers a w e range
o ent t es su h as om an es artnersh s trusts go ernmenta nst tut ons an
un n or orate asso at ons n or orate orme organ se or estab she n mor
este

s efine as a fi e a e o bus ness through wh h the bus ness o a erson s
wholly or partly carried on, including:
• a e o management
• A branch.
• re resentat e o fi e
• n o fi e
www.pwc.com/taxsummaries Timor-Leste 382

mor este
• a tor
• A workshop.
• m ne an o or gas we a uarr or an other a e o e tra t on o natura
resour es n u ng an a e o r ng or m nera e orat on
• fisher a e where an ma husban r s on u te arm antat on or orest
• onstru t on nsta at on or assemb ro e t
• he urn sh ng o a ser e through em o ees or other ersonne on u te or
more than 60 days in any 12-month period.
• A natural or legal person acting as a dependent agent.
• n agent or em o ee o a non res ent nsuran e om an the agent or em o ee
o e ts rem ums or nsures r sks n mor este
t er taxes
Sales tax
a es ta s m ose on the sa es ta a ue o
• ta ab e goo s m orte nto mor este an

• ta ab e goo s so or ta ab e ser es ro e n mor este on or a ter the ate
s e fie b ar ament
a a ers ab e or sa es ta n u e the o ow ng
• ta a er who m orts ta ab e goo s nto mor este

• ta a er who se s ta ab e goo s n mor este
• ta a er who ro es ta ab e ser es n mor este
he rates o sa es ta are or ta ab e goo s m orte nto mor este an or

the sa e o ta ab e goo s an ro s on o ta ab e ser es n mor este
Ser i es tax
er es ta s m ose at on an gross ons erat on o more than n te tates
o ars re e e b a ta a er or the ro s on o hote restaurant an bar or
telecommunication services.
mport duties
m ort ut a es to m orte goo s e e t or s e fi a e em te goo s at
o the ustoms a ue o the goo s ustoms a ue s the a r market a ue n u ng
ost nsuran e an re ght as state n the enera greement on ar s an
ra e ru es
he o ow ng goo s are e em te rom m ort ut
• oo s a om an a erson arr ng n mor este rom another terr tor

(limitations apply).
• m orts o the t e e em te un er s e fi nternat ona on ent ons
• oo s re m orte n the same on t on as when the were e orte
• oo s other than a oho or toba o m orte b reg stere har tab e
organ sat ons reg stere un er an aw o mor este ro e the goo s are to
be use or har tab e ur oses o human tar an ass stan e an re e e u at on or
health care.
• ther goo s or tem orar a m ss on the m orter has ro e se ur t or the
import duty in the prescribed manner.
• oo s or onsum t on b nternat ona sta o the n te at ons ntegrate
ss on n ast mor or members o ea e kee ng or es rom ont ngent ountr es
ro e the goo s are so n on orm t w th res r be ru es o sa e
• erta n n ant an ema e h g ene ro u ts
383 Timor-Leste PwC Worldwide Tax Summaries

mor este
• ther goo s m orte nto mor este as ersona goo s a om an ng a tra e er

an where the m ort ut that wou be m ose on the m ort wou be or
less.
Ex ise tax
se ta s m ose on e sab e goo s where remo e rom a warehouse b a
reg stere manu a turer or onsum t on n mor este or m orte nto mor este
e ow s the st o e sab e goo s an the res e t e rates o e se ta
Goods Excise tax rate

Beer USD 1.90/litre
Wine, vermouth, fermented beverages (such as cider) USD 2.50/litre
Ethyl alcohol (other than denatured) and other alcoholic beverages USD 8.90/litre
Gasoline, diesel fuel products, and other petroleum products USD 0.06/litre
Tobacco and tobacco products USD 19.00/kg
Cigarette lighters 12% of the excise value
Smoking pipes 12% of the excise value
Arms and ammunition 200 of the e cise val e
Motor cars and small passenger vehicles (with an excise value 35% of the excise value
exceeding USD 70,000)
Private boats and aircraft 20 of the e cise val e
ote that the e se a ue o e sab e goo s m orte nto mor este s the tota o
the ustoms a ue an an m ort ut m ose he e se a ue o e sab e goo s
manu a ture n mor este s the r a r market a ue at the t me o remo a rom the
manu a turer s warehouse
oo s on the abo e st are e sab e goo s other than
• goo s m orte nto mor este that are e em t rom m ort ut or

• goo s e orte rom mor este w th n a s a ter the r ro u t on or m ort
as ong as the ta a er ab e to e se ta subm ts to the ank ng an a ments
uthor t o umentar roo o the e ort o goo s
roperty taxes
o ate there are no ta es on ro ert n mor este
Transfer taxes
here are no trans er ta es n mor este
Stamp duties
here s no stam ut n mor este
T
ayroll taxes
n em o er a ng ta ab e wages sha w thho age n ome a at a rate o
rom those wages an rem t the on month bas s
n annua return s ue b the ast a o the ar h o ow ng the en o the

re e ant ta ear n ormat on on w thhe must a so be ro e to ea h em o ee
on an annua bas s or on term nat on o em o ment

here are no so a se ur t or s m ar ontr but on re u rements n mor este

mor este
Bran in ome
he ta ab e n ome o a non res ent arr ng out bus ness a t t es through a s
a u ate b re eren e to
• the income attributable to the PE

• an sa es o goo s or mer han se o the same or s m ar k n as those so through
the PE, and
• an other bus ness a t t es arr e on n mor este o the same or s m ar k n as
those e e te through the
ther r n es or eterm n ng the ta ab e n ome o a n mor este n u e the

o ow ng
• rofit s a u ate as the was a mor este ent t engage n the same or
similar activities under the same or similar conditions and dealt with wholly
n e en ent rom the non res ent erson o wh h t s a
• ub e t to th s e u t ons ma be a me or e enses n urre or the ur oses
o the bus ness a t t es o the n u ng hea o fi e e en tures whether
n urre n mor este or e sewhere
• o e u t ons ma be a me or amounts a or a ab e b the to ts
hea o fi e or to another o the non res ent erson other than towar s the
re mbursement o a tua e enses n urre b the non res ent erson to th r
art es b wa o
• ro a t es ees or other s m ar a ments
• om ensat on or an ser es n u ng management ser es ro e to the
PE, and
• nterest on mone ent to the e e t or bank ng bus nesses
n ome determination
a ab e bus ness rofits are eterm ne on the bas s o net rofit or finan a a ount ng
ur oses n a or an e w th nternat ona nan a e ort ng tan ar s
sub e t to erta n mo fi at ons n the a an ut es t n genera n ome s
assessab e when re e ab e wh e e enses are e u t b e when a ab e ta a er
w th turno er o ess than ma howe er e e t to a ta on a ash bas s
ross n ome s efine w e to mean an rea se n rease n e onom a a t n

whate er name or orm wh h an be use or onsum t on or to n rease the wea th o
the ta a er other than wages that are sub e t to ages n ome a
he gross n ome or a ta ear s the tota amount earne b the ta a er n u ng

but not limited to, business income, property income, lottery prizes or awards, and
re un s o ta a ments re ous e u te as an e ense
n entory aluation
here are no s e fi ro s ons ea ng w th n entor a uat on n mor este h s
s be ause a e u t on s a owe or the ost o n entor n urre ur ng the ta ear
e en the n entor s on han at the en o the ear
apital gains
a ns an osses ar s ng rom the a enat on o assets are genera assessab e an
e u t b e as or nar n ome an sub e t to ta at the stan ar rate
i idend in ome
en s are ta e em t n the han s o mor este res ents

mor este
Interest income
nterest n ome s genera assessab e as or nar n ome an sub e t to ta at the
standard CIT rate.
Exempted in ome
he o ow ng n ome s ta e em t
• Any aid or donations, provided that the donor and recipient do not have any business
or control relationship.
• ts re e e b a re g ous e u at ona or har tab e organ sat on ro e that
the donor and recipient do not have any business or control relationship.
• ssets n u ng ash re e e b a res ent n e hange or shares or a a ta
contribution.
• Any amount paid by an insurance company to a resident in connection with accident
or e
Foreign income
n er the wor w e n ome r n e a res ent ta a er s re u re to a u ate
n ome that s not on mor este sour e but a so ore gn sour e n the ase that the
ore gn sour e n ome s ta e at sour e mor este a ows a ore gn ta re t or the
art u ar ta ear s i a i i a i sa i i s s i ).
th regar to rofits reta ne n ontro e ore gn om an es s mor este oes

not urrent ha e an arrangements to otherw se eem the re atr at on o the rofit
edu tions
he ta ab e n ome o res ents an non res ents who ha e a n mor este sha be
eterm ne on the bas s o gross n ome re u e b
• e en ture an osses n urre rom the a enat on o assets or the s harge o ebt
n the on u t o a ta ab e bus ness a t t
• e en ture n urre n er ng an other amounts n u e n gross n ome
• an oss on s osa o an asset other than assets he on ersona a ount
• ontr but ons to an a ro e ens on un an
• ba an oubt u ebts sub e t to ar ous tests s a ).

e re ab e assets n u e an tang b e mo ab e ro ert w th a use u e e ee ng
one ear that s who or art use or ta ab e bus ness a t t es ntang b e assets
include property, other than tangible movable property or immovable property, with a
use u e e ee ng one ear that s use or ta ab e bus ness a t t es
T
here are ro s ons or e e t on o e ther stra ght ne or oub e e n ng metho s
the oo ng o assets an i i is e e t ons owe er the rate o ta e re at on
amort sat on or non etro eum o erat ons s set at mean ng that ta a ers are
n e e t ent t e to a u an u ront e u t on n r umstan es where the asset s
on art use or the on u t o ta ab e bus ness a t t es the e u t on s re u e
b the ro ort on o ts non ta ab e bus ness use
oodwill
here are no s e fi ro s ons ea ng w th the treatment o goo w ee e t that
the treatment shou o ow that un er

mor este
Start up expenses
here are no s e fi ro s ons ea ng w th the treatment o start u e enses
owe er assum ng that the start u e ense s n urre to er e n ome we e e t
that start u e ense shou be e u t b e
nterest expenses
nterest e en ture s not e u t b e un ess n urre b a finan a nst tut on
Bad debt
a ebts are not e u t b e w thout ass ng a o the o ow ng tests
• he ebt was re ous n u e n ta ab e n ome

• he ebt was wr tten o n the a ounts ur ng the re e ant ta ear
• here are reasonab e groun s or be e ng that the ebt w not be re o ere
he abo e tests o not a to banks wh h are ent t e to e u t ro s ons or

oubt u ebt where eterm ne n a or an e w th the ru ent a re u rements
res r be b nstru t on o the ank ng an a ments uthor t
onat ons are not e u t b e the onat ons are e em t rom n ome ta n the han s
o the re ent
ines and penalties

ena t es or o at on o aw an regu at on are not e u t b e
Taxes
mor este or ore gn n ome ta s not e u t b e
edu tions not allowed or onditional dedu tions

he o ow ng e enses are a so not e u t b e to a res ent or non res ent w th a n
mor este
• he str but on o rofits n whate er name or orm

• enses n urre or the ersona benefit o a ta a er a ta a er s e en ents
shareholders, partners, or members.
• eser es other than as ro e or un er the
• ess e om ensat on a b a ega erson to a member o the ega erson or
paid between associates.
• Salaries paid to a partner in a partnership.
• A bribe, or any similar payment.
• en ture or osses n urre to the e tent re o erab e un er an nsuran e o or
a ontra t o n emn t es
et operating losses
osses rom re ous ears ma be arr e orwar n efin te owe er the arr e
orwar oss rom the s osa o assets ma on be ut se aga nst ga ns ar s ng rom
the s osa o assets ore gn sour e osses ma on be o set aga nst ore gn sour e
n ome o that art u ar ountr
he arr ba k o osses s not a owe

ess e a ments or om ensat on to members o a ega erson or a ments
between asso ates or work er orme shou not be e u t b e he howe er
oes not e aborate on the mean ng o e ess e

mor este
roup taxation
om an es et are ta ab e on a stan a one bas s e there s no grou ng or ab t to
trans er ta osses
Trans er pri ing

ess e a ments or om ensat on to members o a ega erson or a ments
between asso ates or work er orme shou not be e u t b e he howe er
oes not ro e s e fi gu an e on how to eterm ne arm s ength r ng on re ate
art transa t ons or an other genera trans er r ng r n es
T in apitalisation
urrent there are no th n a ta sat on or s m ar ru es n mor este not ng that
nterest s not e u t b e e e t or finan a nst tut ons

mor este oes not ha e an regu at ons

oreign tax redit
res ent ta a er s ent t e to a re t or an ore gn n ome ta a n res e t o
ore gn sour e n ome he ore gn ta re t s a u ate se arate or ea h ore gn
ountr rom wh h n ome s er e b a ta a er he a ue o su h ta re ts s
m te to the a ue o the mor este n ome ta a ab e on that n ome here s no
e u t on or arr orwar o an e ess ore gn ta re t
Wit olding taxes

s m ose on the o ow ng a ments b res ents to a res ent
Type of payment WHT rate (%) inal/non nal tax

Dividends 0 Final
Interest 0 ot final
Royalties 10 ot final, e ce t where aid to an individ al
Rent (land and building) 10 ot final, e ce t where aid to an individ al
Prize and winnings 10 Final
Construction/building activities 2 Final *
Construction consulting services 4 Final *
Air and sea transportation 2.64 Final *
Mining and mining support services 4.5 Final * T
he defa lt osition is that s ch amo nts will be a final ta . he income reci ient can elect to have
these a ments for services not s b ected to final ta b s bmitting a notification letter to the imor este
Revenue Service.
a ments o mor este sour e n ome ma e b a res ent to a non res ent are sub e t
to at mor este has not entere nto an oub e ta at on treat es s
here sa e as a fina ta the ta e n ome s not n u e n the re ents

ta ab e n ome or n ome ta ur oses or ng e enses n urre n er ng
n ome that s sub e t to fina ta are not e u t b e or n ome ta ur oses

mor este
Tax administration
Taxable period
he stan ar ta ear s the a en ar ear a though erent a ount ng ear en s an
be granted upon application.
Tax returns
returns are to be fi e annua b the th a o the th r month o ow ng the ear
end.
er e ta e se ta sa es ta an are to be fi e month b the th a o the

o ow ng month
ayment o tax
CIT due shall be settled to the Banking and Payments Authority or another entity
nom nate b the mor este e enue er e b the ate o fi ng s a ).
er e ta e se ta sa es ta an shou be sett e to the ank ng an

a ments uthor t or another ent t nom nate b the mor este e enue er eb
the th a a ter the en o the o ow ng month
Penalties
a ta a er a s to e er the ta orm on t me t sha be ab e to an a t ona ta
o a ta a er a s to e er a or art o an ta ue b the ue ate that
ta a er sha be ab e to an a t ona ta o o the amount ue us an a t ona
o the ta ue on the th a o ea h month o ow ng the ue ate an
• the a ure was ue to gross are essness on the art o the erson urther
a
t ona ta o o the ta that rema ns un a or
• the a ure was ue to a e berate attem t to a o a ment o ta urther
a t ona ta o o the ta that rema ns un a
a ta a er has un erstate the ta ue n the ta orm that ta a er sha be ab e to

an a t ona ta o an
• the un erstatement was ue to gross are essness on the art o the ta a er

urther a t ona ta o o the ta un erstate or
• the un erstatement was ue to a e berate attem t to a o a ment o ta
urther a t ona ta o o the ta un erstate
Tax audit pro ess

ssessments ma o ur u on the o ow ng
• he e er o a ta return orm an a ment

• ter re e t o a return where the omm ss oner be e es a return s n orre t
• here a ta a er a s to fi e a return
ssessments ma be amen e a or ng to the o ow ng e ents
• the ta a er u on e er to the omm ss oner o an amen e assessment

• a a ta a er re uest to the omm ss oner
• a s e fi amen ment b the omm ss oner
he mor este e enue er e ma ssue an assessment not e or amen an
assessment not e on w th n fi e ears rom the ate o fi ng o the return n the
e ent o a e berate ta e as on or rau there s no t me m t or the ssuan e o an
assessment notice.

mor este

ase on our e er en e the mor este ta author t es are o uss ng on the t me
rem ttan e o the ta ob gat ons rom an n ustr ers e t e the o an gas se tor
ont nues to be a o us na there ha e been numerous ha enges o ta on ess ons
granted on a contractual basis, including by government agencies.
t er issues
Taxation o petroleum operations
he ta at on o etro eum o erat ons n mor este s art o ere b the
owe er the o erates on to mo the ta at on o etro eum a t t es ursuant
to a number o ega ta reg mes hese mo fi at ons a to ontra tors sub
ontra tors an an other art es re e ng n ome rom the su o goo s or ser es
to a contractor or sub-contractor.
ontra tor s efine as a erson w th whom the res ons b e n str or es gnate
Authority, as the case may be, has made a petroleum agreement. A sub-contractor
includes any person supplying goods or services directly or indirectly to a contractor in
res e t o etro eum o erat ons
e fi ro s ons or the ta at on o etro eum o erat ons n u e
• rate or ontra tors o on ta ab e n ome wh e sub ontra tors w

genera be ta e on a fina bas s at a rate o a s A ).
• o ta on bran h rofit rem ttan es a s A ).
• here net re e ts e ee s e fie e e s an an a
• he r ng en ng o n ome an e en ture w th n the ontra t area
• o fie e u t b t ru es n u ng aroun the e u t b t o nterest or
ontra tors an a mo fie e re at on reg me
• s e fi reg me
• s e fi trans er r ng an asso ate ant a o an e ro s on
Spe ial tax regime or t e oint etroleum e elopment rea

The JPDA is a geographical area in the Timor Sea known to be rich in hydrocarbon
e os ts he o ers the nne ro u t on har ng ontra ts s s )
known as a a n u ng the ang akatua an akatua orth fie s s
an reater unr se he a so o ers a number o non nne s
ursuant to the mor ea reat the s te hn a w th n the ta at on

ur s t on o both mor este an ustra a an there ore a s un er the o nt ontro
an management o mor este an ustra a nne o the re ers to the s
w th ommer a s o er es at the t me o the s gn ng an so mbe s a number o
h stor a ta r n es T
ontro o the s e er se b a o nt uthor t onta n ng re resentat on
rom ustra a an mor este he etro eum a t t es o er ng the e orat on
e e o ment ro ess ng trans ortat on an market ng o h ro arbons are arr e out
pursuant to PSCs entered into between the designated authority and the oil company in
question.
n er the re enue rom the s ss t or mor este an or

ustra a or ng or ta a u at on ur oses bus ness rofits or osses o an ent t
arr ng on bus ness n the are re u e b the re u t on er entage o or
mor este an or ustra a h s e e t e means that the ta rates a e b
mor este an ustra a are at an o the r res e t e nat ona e e

mor este
or mor este these ta rates are genera or a art ants w th s an an

or fina or non res ents a or ng to the a ue a e ta
(VAT) also applies.
he ta reg me as i a ai ai s a also applies

n the e e t or nne s h s s howe er w th a number o m ortant
mo fi at ons n u ng the e us on o the ser e ta e se ta sa es ta m ort
duty, and WIT.

Vietnam
PwC contact
David Fitzgerald
PricewaterhouseCoopers (Vietnam) Limited
Saigon Tower, 8th Floor
29 Le Duan Boulevard
District 1
Ho Chi Minh City
Vietnam
Tel: +84 8 3823 0796
ma a fit gera n w om

As of 1 January 2016, the standard corporate income tax (CIT) rate has been reduced
from 22% to 20%.
Some of the other recent changes to the tax system have focused on easing the
administrative burden placed on companies (e.g. the requirements for quarterly
or orate ta fi ng an the subm ss on o e ess e su ort ng o uments w th a ue
added tax [VAT] returns have been relaxed).
CIT reductions and other favourable legislative changes in recent years are impacting
the state budget and leading to strong audit and enforcement activities. A focus point of
tax audits has been tax incentives.
Vietnam’s transfer pricing environment continues to develop, with a steady increase

in tax audit activity in this area. In late 2015, specialist transfer pricing teams were
established in the tax authorities in four key provinces (Ho Chi Minh City, Hanoi,
Binh Duong, Dong Nai), which will be tasked, inter alia, with conducting transfer
pricing focused investigations of companies, as well as dealing with Mutual Agreement
Procedure cases and Advance Pricing Agreements (APAs). Vietnam’s APA regime
ont nues to emerge w th three o fi a subm ss on ma e to ate a b atera an these
now being under review.
An amended law on VAT, special sales tax (SST), and tax administration was approved
in April 2016 and becomes effective from 1 July 2016. A welcome change is the interest
on late tax payment reduces from 0.05%/day to 0.03%/day (approximately from 18%
to 11% per annum ess a ourab e hanges n u e a tougher ant a o an e ru es
for SST purposes, which will result in a higher taxable price in many instances, and the
removal of the ability to obtain VAT refunds where taxpayers have accumulated input
VAT outstanding for 12 months or more (except for exporters and taxpayers that have
new investment projects). Detailed guidance on changes is in process.
Please note that Vietnam and the United States (US) have signed a tax treaty. While
the treat s st to be rat fie n ea h ountr t w ke be an n ent e to re t
investment from the United States.

Standard rates
All taxes are imposed at the national level. The standard CIT rate is 20% as of 1 January
2016 (previously 22%). Enterprises operating in the oil and gas industry are subject
to rates rang ng rom to e en ng on the o at on an s e fi ro e t
conditions. Enterprises engaging in prospecting, exploration, and exploitation of
392 Vietnam PwC Worldwide Tax Summaries

Vietnam
mineral resources (e.g. silver, gold, gemstones) are subject to CIT rates of 40% or 50%,
depending on the project’s location.
There is no concept of tax residency for CIT. Business organisations established under
the laws of Vietnam are subject to CIT and taxed on worldwide income. 20% CIT shall be
applicable to foreign income. There are no provisions for tax incentives for such income.
Foreign organisations carrying out business in Vietnam without setting up a legal entity
n etnam an or ha ng etnam sour e n ome are ons ere ore gn ontra tors
irrespective of whether the services are performed inside or outside Vietnam. Payments
to foreign contractors are subject to Foreign Contractor Tax (FCT), which consists of VAT
and CIT elements. See the Withholding taxes section for more information.
re erential rates
Preferential CIT rates of 10%, 15%, and 17% are available where certain criteria are met.
See the Tax credits and incentives section for more information.
al ulation o taxable profits

a ab e rofit s the eren e between tota re enue whether omest or ore gn
sourced, and deductible expenses (see the Deductions section), plus other assessable
income.
Taxpayers are required to prepare an annual CIT return that includes a section for
mak ng a ustments between a ount ng rofits an ta ab e rofits
o al in ome taxes
There are no local, state, or provincial income taxes in Vietnam.
orporate residen e
There is no concept of tax residency for CIT. Enterprises established under the law
of Vietnam are subject to CIT in Vietnam. In addition, Vietnam has a broadly worded
ermanent estab shment efin t on

n etnam a s efine as a fi e a e o bus ness through wh h a ore gn
enterprise carries out part or the whole of its business or production activities in
Vietnam. The PE of a foreign enterprise shall include:
• bran h an o erat ng o fi e a a tor a worksho means o trans ortat on a m ne

an o an gas fie or an a e re at ng to the e o tat on o natura resour es n
Vietnam.
• A building site; a construction, installation, or assembly project.
• An establishment providing services, including consultancy services, through its
employees or other persons.
• An agent for a foreign enterprise.
• A representative in Vietnam where [one] has authority to sign contracts under
the name of the foreign enterprise, or where [one] does not have authority to sign V
contracts under the name of the foreign enterprise but regularly delivers goods or
provides services in Vietnam.”
Foreign enterprises with their PEs in Vietnam shall pay tax on the taxable income earned
in Vietnam (irrespective of whether it relates to the PE) and on the taxable income
generated out of Vietnam and related to operations of the PEs.
www.pwc.com/taxsummaries Vietnam 393

Vietnam
Where a treaty on avoidance of double taxation to which Vietnam is a signatory contains

different provisions relating to PE, such treaty shall apply (see the Withholding taxes
section for a list of countries with which such treaties exist).
t er taxes
alue added tax T
VAT applies to goods and services used for production, trading, and consumption in
etnam n u ng goo s an ser es ur hase rom non res ents w th erta n
exemptions. Depending on the category of goods or services, the VAT rates are as
follows:
• A 0% rate applies to exported goods/services, including goods sold to overseas/

non tar areas an onsume outs e etnam n the non tar areas goo s
ro esse or e ort or n ountr e ort sub e t to on t ons goo s so to ut
free shops, certain exported services, construction and installation carried out for
export processing enterprises, and aviation, marine, and international transportation
services.
• A 5% rate applies generally to areas of the economy concerned with the provision
of essential goods and services. This includes clean water, teaching aids, books,
unprocessed foodstuffs, medicine and medical equipment, husbandry feed, various
agr u tura ro u ts an ser es te hn a s ent fi ser es rubber ate sugar
an ts b ro u ts so a hous ng an erta n u tura art st an s ort ser es
products.
• he stan ar rate a es to a t t es not s e fie as e em t or sub e t to the
0% or 5% rate.
Activities not subject to output VAT

A separate category includes supplies not subject to output VAT, but related input VAT
can, nevertheless, be claimed. This category includes the following:
• Compensation, bonus, subsidies (except those provided in exchange for certain

services).
• rans ers o em ss on r ghts an ar ous finan a re enues
• Certain services rendered by a foreign organisation that does not have a PE in
Vietnam where the services are rendered outside of Vietnam, including repairs to
means of transport, machinery, or equipment, advertising, marketing, promotion of
overseas investment and trade, brokerage activities for the sale of overseas goods and
services, training, and certain international telecommunication services.
• a es o assets b non bus ness organ sat ons or n ua s not reg stere or
• Transfer of investment projects.
• Sale of agricultural products that have not been processed into other products or have
only been through preliminary processing.
• Capital contributions in kind.
• Certain asset transfers between a parent company and its subsidiaries or between
subsidiaries of the same parent company.
• Collections of compensation/indemnities by insurance companies from third parties.
• Collections on behalf of other parties that are not related to the provision of goods/
services (e.g. if company A purchases goods/services from company B but pays to
company C, and, subsequently, company C pays to company B, then the payment
from company C to company B is not subject to VAT).
• Commissions earned by (i) agents selling services, including postal,
telecommunications, lottery, airlines/bus/ship/train tickets, at prices determined
by principals; and (ii) agents for international transportation, airlines, and shipping
services entitled to 0% VAT; or (iii) insurance agents.
• Commissions from the selling of exempt goods/services.
• Lending or return of machinery, equipment, goods.

Vietnam
• oo s e orte an then re m orte ba k to etnam ue to sa es returns b

overseas customers.
Exempt goods and services

There are stipulated categories of VAT exemptions, including goods/services provided
by individuals having annual revenue of 100 million Vietnamese dong (VND) or below,
trans er o an use r ghts ar ous finan a ser es a ta ass gnments erta n t es
of insurance, medical services, education, printing/publishing, public transportation,
export of unprocessed natural resources, etc.
hen a su annot be rea ass fie base on the ta tar must be

calculated based on the highest rate applicable for the particular range of goods that the
business supplies.
a a ers must fi e returns on a month bas s b the th a o the subse uent

month or on a quarterly basis by the 30th day of the subsequent quarter (for companies
with prior year annual revenue of VND 50 billion or less).
ustoms duties
m ort ut rates are ass fie nto three ategor es or nar rates re erent a rates
and special preferential rates.
re erent a rates are a ab e to m orte goo s rom ountr es that ha e most

a oure nat on a so known as norma tra e re at ons status w th etnam
The MFN rates are in accordance with Vietnam’s World Trade Organization (WTO)
commitments and are applicable to goods imported from other member countries of the
WTO.
Special preferential rates are applicable to imported goods from countries that have
a special preferential trade agreement with Vietnam. Vietnam has such free trade
agreements with various countries, including the ASEAN member states, Japan,
h na n a orea h e ustra a an ew ea an an has fin she on us on o
negotiations with the Customs Union of Russia, Belarus, Kazakhstan.
Import duty exemptions are provided for encouraged projects and goods imported in
certain circumstances.
Export duties are charged only on a few items, basically certain natural resources. Rates
range from 0% to 40%.
Spe ial sales tax SST

SST is a form of excise tax that applies to selected goods and services (see below). For
goods, SST is charged at the production or importation stage. Imported goods (except
for various types of petrol) are subject to SST at both import and selling stages. The SST
paid at importation will be creditable against SST paid at the selling stage.
The SST rates are as follows:
Products/services SST rate (%) V

Cigar/cigarette:
From 1 January 2016 to 31 December 2018 70
From 1 January 2019 75
Spirit/wine:
ith A 20

Vietnam
Products/services SST rate (%)

ith A 20
Beer:
Automobiles having less than 24 seats 10 to 60
Motorcycle of cylinder capacity above 125cm3 20
Airplanes 30
Boats 30
Petrol 7 to 10
Air-conditioners (not more than 90,000 BTU) 10
Playing cards 40
Votive paper 70
Discotheques 40
Massage, karaoke 30
Casinos, jackpot games 35
Entertainment with betting 30
Golf 20
Lottery 15
roperty taxes
Foreign investors generally pay rental fees for land use rights. The range of rates is wide
depending upon the location, infrastructure, and the industrial sector in which the
business is operating.
In addition, owners of houses and apartments have to pay land tax under the law on
non agr u tura an use he ta s harge on the s e fi an area use base on the
prescribed price per square metre at progressive tax rates ranging from 0.03% to 0.15%.
Stamp taxes
Certain assets, including houses, land, automobiles and motorcycles, etc., that are
subject to registration of ownership are subject to stamp duty. The stamp duty rates vary
depending on the asset transferred.
atural resour es tax T

NRT is payable by industries exploiting Vietnam’s natural resources, such as petroleum,
minerals, forest products, seafood, and natural water. Natural water used for
agr u ture orestr fisher es sa t n ustr es an sea water or oo ng ur oses ma
be e em t rom ro e that erta n on t ons are sat sfie he ta rates ar
depending on the natural resource being exploited, ranging from 1% to 40%, and are
a e to the ro u t on out ut at a s e fie ta ab e a ue er un t ar ous metho s
are available for the calculation of the taxable value of the resources, including cases
where the commercial value of the resources cannot be determined. Crude oil, natural
gas, and coal gas are taxed at progressive tax rates depending on the daily average
production output.
En ironment prote tion tax E T

EPT is an indirect tax that is applicable to the production and importation of certain
goo s eeme etr menta to the en ronment the most s gn fi ant o wh h are
petroleum and coal. The tax is calculated as an absolute amount on the quantity of the
goods.

Vietnam
The tax rates are as follows:
Goods Unit Tax range (VND)

Petrol, diesel, grease, etc. litre/kg 900 to 3,000
Coal ton 10,000 to 20,000
HCFC kg 4,000
Plastic bags * kg 40,000
Limited usage chemicals kg 500 to 1,000
* Excludes plastic bags used for packaging or that are ‘environmentally friendly’.
ayroll taxes
Social insurance (SI) contributions

The level of compulsory SI contribution is 26% of total salary, of which 18% is the
employers’ obligation and the remaining 8% is the employees’ obligation. The salary
subject to SI contribution is the salary stated in the labour contract, but is capped at 20
times the minimum regional salary (the minimum salary is currently VND 1,150,000 and
the minimum regional salary varies from VND 2,150,000 to VND 3,100,000, depending
on each region; these minimum salaries are subject to change).
Health insurance (HI) contributions

ontr but on rates are o tota sa ar w th two th r s ontr bute b the
em o er an one th r b the em o ee
Unemployment insurance (UI) contributions

The employer and employee UI contributions are 1% on gross salary each. The employee
contribution is capped at 20 times the minimum salary.
Bran in ome
Branches of foreign entities are subject to the same CIT regime as entities incorporated
in Vietnam.
n ome determination
n entory aluation
At present, there are no provisions for valuing inventories or determining inventory
ows he ta treatment o ows the a ount ng treatment
sset re aluation
Gains from the revaluation of assets for the purposes of capital contribution or transfer
upon division, demerger, consolidation, merger, or conversion of business are subject to
the standard CIT rate.
apital gains V
Gains made by a foreign investor on the transfer of an interest (as opposed to shares) in
a limited liability company are subject to the standard CIT rate. The assignee is required
to withhold the tax due from the payment to the assignor and account for this to the tax
authorities.
Gains earned by a foreign investor from selling securities (i.e. bonds, shares of public
o nt sto k om an es rres e t e o whether the are ste or non ste are sub e t
to CIT at a deemed rate of 0.1% of the sales proceeds. The standard CIT rate will apply

Vietnam
to any gains earned by a foreign company (not incorporated in Vietnam) upon a sale of
shares n a non ub o nt sto k om an
i idend in ome
Dividends received from investments in other companies in Vietnam are from after tax
rofits an are not sub e t to
nterest in ome
Interest income is subject to the standard CIT rate and is not entitled to tax incentives
(including preferential tax rate and exemption/reduction).

The following other income items are subject to the standard CIT rate and are not
entitled to tax incentives (including preferential tax rate and exemption/reduction):
• Income from transfer of real estate.

• Income from royalty, leasing of assets.
• Income from transfer of assets.
• Income from trading of foreign currency.
• Reversal of provisions, except for reversal of provisions for inventory devaluation,
finan a n estment oss ba ebts warrant es an sa ar
• o e te wr tten o ebts
• n ent fie a ab es
• Difference between penalties and compensation for breaching economic contracts.
• Gain from the revaluation of assets.
• Income from the transfer of projects and the rights to exploit, explore, and process
minerals.
• Income from selling scrap, which is not directly related to tax incentivised activities.
• Exchange gains on revaluation of payables denominated in foreign currencies at the
en o the fis a ear
oreign in ome
Foreign income, under the domestic tax law, is subject to the standard CIT rate with tax
credits available (see Foreign tax credit in the Tax credits and incentives section).
Foreign income shall be taxed when earned. There are no provisions for tax deferral or
preferential tax rates for foreign income.
edu tions
Tax depreciation may differ from accounting depreciation. Depreciation in excess of the
rates s e fie n the regu at ons on ta e re at on s not e u t b e hese regu at ons
specify maximum and minimum permissible effective lives for various classes of assets,
n u ng ntang b es urrent stra ght ne ta e re at on rates are as o ows
Assets Rate (%)

Buildings 2 to 16.67
ffice e i ment 10 to 20
Automobiles 3.33 to 16.66
Machinery and equipment 5 to 33.33
Intangible assets Not more than 5
Goodwill 33.33

Vietnam
Start up expenses
re estab shment e enses e e enses or sett ng u a om an an erta n
expenses (i.e. training, advertising before establishment, costs for the research
stage, relocation cost) can be amortised over a period of up to three years from the
ommen ement o o erat ons n or er or re estab shment an re o erat ng
expenses to be deductible for CIT purposes, supporting documents to substantiate the
a t that these re o erat ng e enses were ne essar an eg t mate n urre or the
establishment of the company should be available.
nterest expenses
Interest on loans corresponding to the portion of charter capital not yet contributed as
scheduled is not deductible.
nterest on oans rom non e onom an non re t organ sat ons e ee ng t mes
the interest rate set by the State Bank of Vietnam is not deductible.
Bad debt
Provisions for bad debts are deductible if the provision is made in accordance with
the gu an e b the n str o nan e erta n on t ons must be sat sfie n
order to set up a provision for bad debts (e.g. the debts must be supported by original
o umentat on there must be onfirmat on rom ents o the o er ue amounts the
debts must be overdue under the terms of an economic contract). In the absence of
satisfying the necessary conditions, the provision for bad debts will generally not be
deductible until incurred and supported by invoices.
onat ons are genera non e u t b e e e t erta n onat ons or e u at on hea th
are natura sasters bu ng har tab e homes or the oor or s ent fi resear h
ines and penalties

m n strat e ena t es an fines are s e fi a ons ere non e u t b e
Taxes
Creditable input VAT, CIT, and other fees/charges are not deductible for CIT purposes.

he o ow ng other e en tures are s e fi a state to be non e u t b e
• Employee remuneration expenses that are not actually paid or are not stated in a
abour ontra t o e t e abour agreement or the finan a regu at ons o the
company.
• ta we are n u ng erta n benefits ro e to am member o sta
exceeding a cap of one month’s average salary.
• Provisions for severance allowance (except for companies not subject to mandatory
unemployment insurance contributions) and payments of severance allowance in
excess of the prescribed amount per the Labour Code.
• Contributions to voluntary pension funds and the purchase of voluntary pension for
employees exceeding VND 1 million per month per person.
• The portion of costs of raw materials, materials, fuel, or goods that are used in excess V
of reasonable consumption levels.
• Reserves for research and development (R&D) that is not in accordance with the
prevailing regulations.
• ro s ons or sto k e a uat on ba ebts finan a n estment osses ro u t
warranties, or construction work that are not in accordance with the prevailing
regulations.
• Unrealised foreign exchange gain/losses due to the revaluation of foreign currency
tems other than a ount a ab es at the en o a finan a ear

Vietnam
• Management expenses allocated to PEs in Vietnam by the foreign company’s head

o fi e that are not n a or an e w th the regu at ons
• Certain expenses directly related to the issuance, purchase, or sale of shares.
From 2015, the cap on the tax deductibility of advertising and promotion (A&P)
expenses has been abolished.
For certain businesses (e.g. insurance companies, securities trading, lotteries), the
n str o nan e ro es s e fi gu an e on e u t b e e enses or ur oses
et operating losses
osses ma be arr e orwar u an onse ut e or a ma mum o fi e ears
Carryback of losses is not permitted.

There are no special restrictions on the deductibility of royalties, loan interest, and
ser e ees a to ore gn a fi ates e e t or those a b bran hes owe er the
a ment must be e en ab e on an arm s ength bas s as re u re b trans er r ng
regulations (see Transfer pricing in the Group taxation section). Certain contracts for
the transfer of technology and foreign loans must be registered with the competent
authorities.
roup taxation
here s no ro s on or an orm o onso ate fi ng or grou oss re e n etnam
Trans er pri ing

Vietnam has transfer pricing regulations that outline various situations where
transactions will be considered as being between related parties and the mechanisms for
determining the market ‘arm’s length’ transaction value (e.g. comparable uncontrolled
r e ost us resa e r e om arab e rofits rofit s t
n er the w e rang ng efin t on o asso ate art es the ontro thresho s

ower than n man other ountr es an the efin t on a so e ten s to erta n
s gn fi ant su er ustomer an un ng re at onsh s between otherw se unre ate
art es etnam s trans er r ng ru es a so e ten to omest re ate art
transactions.
om an e re u rements n u e an annua e arat on o re ate art transa t ons

an trans er r ng metho o og es use wh h s re u re to be fi e together w th the
annual CIT return.
om an es that ha e re ate art transa t ons must re are an ma nta n

contemporaneous transfer pricing documentation, which is required to be submitted to
the tax authorities within 30 working days of a request, in Vietnamese. There are no de
minimis rules for documentation.
etnamese ta a ers w th re ate art transa t ons n u ng omest

transactions) can apply for an Advance Pricing Agreement (APA) to cover either one or
more of their transactions with related parties.
T in apitalisation
There are no thin capitalisation requirements in the tax legislation. However, the level
of permitted debt funding will be limited by virtue of licensing requirements. The
maximum amount of debt funding is the difference between the licensed investment
capital and charter capital.

Vietnam

Vietnam does not have any CFC legislation.

oreign tax redit
In respect of Vietnamese enterprises earning income from overseas investment, CIT (or a
kind of tax with a nature similar to CIT) paid in a foreign country or paid on behalf by its
partner in the country receiving the investment (including tax levied on the dividend) is
allowed to be creditable. The credit shall not exceed the CIT amount payable in Vietnam.
The foreign income tax that is entitled to exemption or reduction in accordance with the
foreign law shall also be credited.

Tax incentives are granted based on regulated encouraged sectors, encouraged locations,
and size of the projects. The sectors that are encouraged by the Vietnamese government
include education, health care, sport/culture, high technology, environmental
rote t on s ent fi resear h n rastru tura e e o ment an om uter so tware
manu a tur ng he en ourage o at ons n u e ua ng e onom an h gh te h
ones erta n n ustr a ones an fi u t so o e onom areas arge manu a tur ng
projects with investment capital of more than VND 6 trillion disbursed within three
years of being licensed can also qualify for CIT incentives if:
• the minimum revenue is VND 10 trillion per annum by the fourth year of operations
at the latest, and
• the minimum headcount is 3,000 by the fourth year of operations at the latest.
The preferential incentive rate applied for large manufacturing projects can be
extended for a maximum additional 15 years if the project manufactures goods having
‘international competitiveness’ whose revenue exceeds VND 20,000 billion per annum
w th n fi e ears rom the first ear o re enue generat on or whose a erage hea ount
is over 6,000.
Large manufacturing projects include projects with investment capital of VND 12

tr on or more sburse w th n fi e ears o be ng ense e u ng those re ate
to the manufacture of products subject to special sales tax or those exploiting mineral
resources) and using technologies appraised in accordance with relevant laws.
Further, new investment projects engaging in manufacturing industrial products

prioritised for development will be entitled to CIT incentives if the products support:
• the high technology sector, or

• the garment, textile, and footwear; information technology (IT); automobiles
assembly; or mechanics sector and were not produced domestically as of 1 January
2015, or, if produced domestically, they meet the quality standards of the European
Union (EU) or equivalent.
V
The two preferential rates of 10% and 17% for 15 years and 10 years, respectively, are
available starting from the commencement of operating activities. From 1 January 2016,
enter r ses ent t e to the re re erent a rate o w en o the rate o
17% instead. When the preferential rate expires, the CIT rate reverts to the standard
rate. Certain socialised sectors (e.g. education, health) enjoy the 10% rate for the life of
the project.
Business expansion projects are now entitled to CIT incentives if any of the following
criteria are met:

Vietnam
• t ona fi e assets ost ng at east b on or b on the

ro e ts are n erta n s e fie reg ons w th fi u t so o e onom on t ons are
invested.
• here s at east a n rease n the a ue o fi e assets om are w th the er o
before expansion.
• There is at least a 20% increase in the designed capacity compared with the period
before expansion.
Investment projects are allowed to access more favourable tax incentives available under
an amended or new law on CIT for the remaining project period, from tax year 2015.
h s ent t ement s s e fi a a ab e to the o ow ng ases
• Expansion projects licensed or implemented during the period from 2009 to 2013
that were not previously entitled to any CIT incentives.
• Investment projects commencing operations in industrial zones during the period
from 2009 to 2013 that were not previously entitled to any CIT incentives.
• Investment projects located in areas that were not previously designated as
encouraged.
Tax olidays
Investors may be considered for tax holidays and reductions. The holidays take the form
of a complete exemption from CIT for a certain period beginning immediately after the
enter r se first makes rofits o owe b a urther er o where ta s harge at
o the a ab e rate owe er where the enter r se has not er e rofits w th n
three years of the commencement of operations, the tax holidays/tax reduction will start
from the fourth year of operation. Criteria for eligibility to these holidays and reductions
are set out in the CIT regulations as follows:
• Four years of tax exemption and nine subsequent years of 50% reduction shall be
applied to:
• Income earned by enterprises carrying out new investment projects entitled to
10% CIT.
• Income earned by enterprises carrying out new investment projects in the
so a se se tors an fi u t so o e onom areas
• our ears o ta e em t on an ta re u t on or fi e subse uent ears sha be
given to income earned by enterprises carrying out new investment projects in the
so a se se tors an n reg ons not n u e n the st o fi u t so o e onom
areas.
• Two years of tax exemption and four subsequent years of 50% reduction shall be
applied to:
• Income earned by enterprises from carrying out new investment projects in
reg ons w th fi u t so o e onom on t ons
• Income earned by enterprises from carrying out new investment projects,
n u ng ro u t on o h gh gra e stee ro u t on o energ sa ng ro u ts
production of machinery or equipment used to serve agricultural, forestry,
fisher or sa t ro u t on ro u t on o rr gat ona e u ment ro u t on an
refinement o oo stu or att e ou tr or a uat ro u ts an e e o ment
of traditional trades.
• Income earned by enterprises that carry out new investment projects in industrial
ones e e t or n ustr a ones o ate n reg ons w th a ourab e so o
economic conditions).
Employment in enti es
Additional tax reductions may be available for engaging in manufacturing, construction,
and transportation activities that employ several female staff and/or ethnic minorities.
CIT reduction must correspond with the actual payment for those employees.

Vietnam
esear and e elopment und

Business entities in Vietnam are allowed to set up a tax deductible R&D Fund.
nter r ses an a ro r ate u to o annua rofits be ore ta to the un ar ous
conditions apply.
Wit olding taxes

Foreign Contractor Tax (FCT) is withheld on payments to foreign contractors.
ayments to oreign ontra tors

FCT on payments to foreign contractors applies where a Vietnamese contracting party
n u ng a ore gn n este enter r se n or orate n etnam ontra ts w th a
foreign party that does not have a licensed presence in Vietnam, irrespective of whether
the services are provided in Vietnam or overseas.
This FCT generally applies to payments derived from Vietnam, except for the pure
supply of goods (i.e. where the responsibility, cost, and risk relating to the goods passes
at or before the border gate of Vietnam and there are no associated services performed
in Vietnam), services performed and consumed outside Vietnam, and various other
services performed wholly outside Vietnam (e.g. certain repairs, training, advertising,
promotion).
In addition, certain distribution arrangements where foreign entities are directly or

indirectly involved in the distribution of goods or provision of services in Vietnam are
subject to FCT (e.g. where the foreign entity retains ownership of the goods; bears
distribution, advertising, or marketing costs; is responsible for the quality of goods or
services; makes pricing decisions; or authorises/hires other Vietnamese entities to carry
out part of the distribution of goods/provision of services in Vietnam).
ore gn ontra tors an a to be e u t on metho a ers the a o t

the Vietnamese accounting system. If accounting records are adequate, the foreign
ontra tor w a on a tua rofits but otherw se on a eeme rofit bas s
or re t non e u t on metho ore gn ontra tors an w be w thhe b

the ontra t ng art at eeme rates ar ous rates are s e fie a or ng to the nature
of the contract performed. For CIT, the FCT rate varies from 0.1% to 10%. For VAT, the
FCT rate can also range from 3% to 5%. The VAT withheld by the contracting party is an
allowable input credit in its VAT return.
A summary of VAT and CIT FCT rates follow:
Deemed VAT Deemed CIT

Types of payment rate (%) (3) rate (%)
Supply of goods in Vietnam or associated with services rendered Exempt (1) 1
in Vietnam (including in-country import-export and imports,
distribution of goods in Vietnam or delivery of goods under
Incoterms where the seller bears risk relating to goods in Vietnam)
V
Services 5 5
Services together with supply of machinery and equipment (2) 3 2
Restaurant, hotel, and casino management services 5 10
Construction, installation without supply of materials, machinery, 5 2
or equipment
Construction, installation with supply of materials, machinery, or 3 2
equipment
Leasing of machinery, equipment, and drilling rigs 5 5
Leasing of aircraft and vessels Exempt (4) 2

Vietnam
Deemed VAT Deemed CIT

Types of payment rate (%) (3) rate (%)
Transportation 3 (5) 2
Interest Exempt 5
Royalties Exempt (6) 10
Insurance Exempt/5 (7) 5
Re-insurance, commission for re-insurance Exempt 0.1
Transfer of securities Exempt 0.1
Financial derivatives Exempt 2
Other activities 2 N/A
Notes
1. VAT will not be payable where goods are exempt from VAT or where import VAT is paid.
2. Where the contract does not separate the value of goods and services.
3. The supply of goods and/or services to the oil and gas industry is subject to the standard 10% VAT
rate. Certain goods or services may be VAT exempt or subject to 5% VAT.
4. Where aircraft and vessels cannot be manufactured in Vietnam.
5. International transportation is subject to 0% VAT.
6. Software licences, transfer of technology, and transfer of intellectual property (IP) rights are VAT
exempt.
7. Certain types of insurance are exempt from VAT (see Exempt goods and services under VAT in the
Other taxes section).
Interest
he a e to nterest a ments to an o erseas en er s nterest on re
loans may be exempt from FCT. Offshore loans provided by certain government or
sem go ernmenta nst tut ons ma obta n an e em t on rom the nterest where a
re e ant oub e ta agreement or nter go ernment agreement a es
nterest earne rom bon s e e t or ta e em t bon s an ert fi ates o e os t are

sub e t to he sa e o bon s an ert fi ates o e os ts are sub e t to eeme
tax of 0.1% of the gross sales proceeds.
Royalties, licence fees, etc.

A 10% royalty FCT applies in the case of payments made to a foreign party for transfers
of technology or software licence, unless the transfers are contributed as part of legal
a ta ak n to e u t rans ers o te hno og are efine er broa erta n
contracts for the transfer of technology must be registered with the competent
authorities.
anagement fees and head of ce charges

a es on management ees an hea o fi e harges at the rates a ab e to
services (see above).
ross border leases

etnam base essee s re u re to w thho ta rom a ments to an o shore essor
5% VAT and 5% CIT is applicable to the rental charge if it is an operating lease. If it is a
finan e ease the nterest ort on w be e em t rom an sub e t to
Tax treaties
The above FCT rates may be affected by a relevant DTA.
Recipient Interest (%) Royalties (%)

Algeria (1) 15 15
Australia 10 10
Austria (2, 4) 10 7.5/10
Azerbaijan 10 10

Vietnam

Bangladesh (2, 3) 15 15
Belarus (2, 3) 10 15
Belgium (2, 3, 4) 10 5/10/15
Brunei Darussalam (3) 10 10
Bulgaria (2, 3) 10 15
Canada (4) 10 7.5/10
China (3) 10 10
Cuba 10 10
Czech Republic (3) 10 10
Denmark (2, 3, 4) 10 5/15
Egypt (1) 15 15
France 0 10
Finland 10 10
Germany (3, 4) 10 7.5/10
Hong Kong (3, 4) 10 7/10
Hungary 10 10
Iceland (3) 10 10
India (3) 10 10
Indonesia (2, 3) 15 15
Iran 10 10
Israel (2, 3, 4) 10 5/7.5/15
Italy (3, 4) 10 7.5/10
Ireland (2, 3, 4) 10 5/10/15
Japan (3) 10 10
Kazakhstan 10 10
Korea (North) (3) 10 10
Korea (South) (2, 4) 10 5/15
Kuwait 15 20
Laos 10 10
Luxembourg (3) 10 10
Macedonia (1) 10 10
Malaysia (3) 10 10
Mongolia (3) 10 10
Morocco 10 10
Mozambique 10 10
Myanmar (3) 10 10
Netherlands (2, 3, 4) 10 5/10/15
New Zealand 10 10
Norway (3) 10 10
Oman (3) 10 10
Pakistan (2) 15 15
Palestine (1) 10 10
Philippines (2) 15 15 V
Poland (2, 3, 4) 10 10/15
Qatar 10 5/10
Romania (2) 10 15
Russia (2) 10 15
San Marino (1) 10/15 10/15
Saudi Arabia 10 7.5/10
Serbia (1) 10 10
Seychelles (2, 3) 10 10

Vietnam

Singapore (2, 3, 4) 10 5/10
Slovakia (4) 10 5/10/15
Spain (3) 10 10
Sri Lanka (2, 3) 10 15
Sweden (3, 4) 10 5/15
Switzerland 10 10
Taiwan (2, 3) 10 15
Thailand (2, 3) 10/15 15
Tunisia (1) 10 10
Turkey (1) 10 10
Ukraine (3) 10 10
United Arab Emirates (1) 10 10
United Kingdom (3) 10 10
United States (1, 2) 10 5/10
Uzbekistan (2) 10 15
Venezuela 10 10
Notes
1. The treaty is not yet in force.

2. In most cases, the limits set by the DTA are higher than the present FCT rates under domestic law;
consequently, the domestic rates will apply.
3. Interest derived by certain government bodies is exempt from FCT.
4. Royalty FCT rates vary for certain types of royalties.
Tax administration
Taxable period
he stan ar ta ear s the a en ar ear owe er erent a ount ng ear en s an
be used if approval is obtained from the authorities.
Tax returns
he annua fina return an the au te finan a statements must be fi e w th n
a s rom the en o the finan a ear
ayment o tax
Enterprises are required to make quarterly provisional CIT payments (no later than
the 30th day of the next quarter) based on estimates. If the provisional quarterly CIT
a ments a ount or ess than o the fina ab t the short a n e ess o
20% is subject to late payment interest (currently as high as 18% per annum), counting
from the deadline for payment of the fourth quarter CIT liability.
na a ment o s ue w th the fina return e the th a o the o ow ng

finan a ear
Penalties
There are detailed regulations setting out penalties for various tax offences. These range
from relatively minor administrative penalties to tax penalties amounting to various
multiples of the additional tax assessed.
In practice, imposition of penalties has been arbitrary and inconsistent. However, in

recent periods there has been a much tougher stance adopted by the tax authorities.
Hence, where tax is paid late (e.g. as a result of a tax audit investigation), there is a
s gn fi ant ke hoo o ena t es be ng m ose

Vietnam
Tax audit pro ess

Tax audits are carried out regularly and often cover a number of tax years. Prior to an
audit, the tax authorities send the taxpayer a written notice of time and scope of the
audit inspection.
The general statute of limitations for imposing tax is ten years (effective 1 July 2013)
an or ena t es s fi e ears here the ta a er oes not reg ster or ta or omm ts
evasion liable to criminal prosecution, the tax authorities can collect unpaid tax and
penalties at any time.
Transfer pricing
Transfer pricing is commonly discussed in the press, and the enterprises that are
attracting the attention of the tax authority are generally multinational companies that
ha e man nter om an transa t ons ha e re orte osses or man ears an or are
expanding businesses.
Documentation of expenses
The tax authorities are strictly reviewing the documentation of expenses, including
ontra ts n o es e en e o work one benefit re e e et nsu fi ent
documentation is resulting in disallowance of input VAT credit/refund and CIT
deductibility.
FCT on supply of goods

The customs authority has been requested to provide the tax authority with information
o om an es engage n n ountr m ort e ort transa t ons n an e ort to o e t
un er e are ar s ng rom these transa t ons n a t on there are some
tax rulings issued by the tax authority stating that existence of a warranty clause in
a contract for the supply of goods by foreign suppliers, irrespective of whether the
warranty services have been actually provided, creates an FCT exposure.
Secondment arrangements
We have seen the tax authority seek to impose FCT on reimbursements of expatriate
remuneration costs by Vietnamese entities. Companies need to ensure that supporting
documents are available to show amounts have been reimbursed at cost.
t er issues
oreign in estment restri tions
n se era fie s ore gn n estment w not be ense or w on be ense un er
special conditions. The List of Conditional Investment Sectors include television,
production and publishing cultural products, telecommunication, transportation by all
means garette ro u t on e or ng an ro ess ng natura resour es rea estate
business, education, and medical services and distribution.
Ex ange ontrols V
All buying, selling, lending, and transfer of foreign currency needs to be made through
re t nst tut ons an other finan a nst tut ons author se b the tate ank o
Vietnam (SBV).
ut ow o ore gn urren b trans er s author se or erta n transa t ons su h

as payments for imports and services abroad, refund of loans contracted abroad and
a ment o nterest a rue thereon trans er o rofits an en s an re enues
from transfer of technology.

Vietnam
All monetary transactions in Vietnam must be undertaken in Vietnamese dong.

Exceptions are applicable to payments for exports made between principals and their
agents, and payments for goods and services purchased from institutions authorised
to receive foreign currency payments such as for air tickets, shipping and air freight,
insurance, and international communications.
orms o doing business

or ng to the aw on nter r ses a ore gn n este enter r se ma be estab she as
either a single member limited liability or a limited liability with more than one member,
a o nt sto k om an or a artnersh
ntelle tual property

IP rights are protected by the Civil Code (1995 and 2005), the Law on Intellectual
Property (2005), and a host of subordinate legislation.
Vietnam is signatory to the Paris Convention, the Madrid Agreement on International

Trademark Registration, and the Patent Cooperation Treaty, and is a member of the
World Intellectual Property Organisation. Vietnam has entered into an agreement
on o r ghts w th the n te tates or ng to the etnam atera ra e
Agreement, Vietnam is further under the obligation to adhere to the Berne Convention.

Global Tax
Contacts
Building trust in society and
solving important problems
Colm Kelly Peter le Huray

Global Tax Leader Global Tax Service Networks
PwC Ireland and Markets Leader
+353 1 792 8943 PwC Singapore
colm.r.kelly@ie.pwc.com +65 6236 7278
peter.g.le.huray@sg.pwc.com
Christ Economos
Deputy Global Tax and Legal Services John Kelly
Leader lobal Tax Chief perating f cer
PwC US PwC Ireland
+1 646 471 0612 +353 1 792 6307
christ.h.economos@us.pwc.com john.m.kelly@ie.pwc.com
th o fi es n ountr es an more than eo e we are the first

choice tax provider globally1 he strength o the w network omb ne
w th the e th an brea th o our ser es g es us a ea ng os t on n the
professional services marketplace.
As tax codes become increasingly complex and the related risks become more
ha eng ng to manage we he our ents to
• understand and comply with their legal and regulatory obligations

or ta at on
• an the r a a rs so as to be ta e fi ent n the bus ness or other finan a
decisions they make
• understand the tax risks they face and the effectiveness of their
organ sat on s nterna ontro s re at ng to ta an
• resolve tax disputes through domestic law and/or treaty-based dispute
resolution mechanisms.
1
enior ta b ers name PwC as their first choice ta rovider globall . hese res lts are based on an
inde endent s rve of , rimar b ers of ta services globall , cond cted b research agenc
igsaw esearch 1 201 .
410 Global Tax Contacts PwC Worldwide Tax Summaries
is s i a
i a
The advice we provide to clients is based on our Global Tax Code of

Conduct (www.pwc.com/taxcodeofconduct n art u ar we a the
o ow ng r n es
1. Tax advice that results in positions taken in a client’s tax return must
be su orte b a re b e bas s n ta aw
2. No tax advice relies for its effectiveness on any tax authority having
ess than the re e ant a ts e that a w firm g es n u es
ons erat on o an s base on the assum t on that the ent w
make re e ant s osures that both om w th the aw an enab e ta
authorities to make further enquiries should they wish to do so.
3. a a e s g en n the onte t o the s e fi a ts an r umstan es

as provided by the client concerned and is appropriate to those facts and
circumstances.
4. a a e n o es s uss on o the w er ons erat ons n o e

as a ro r ate n the r umstan es n u ng e onom ommer a an
reputational risks and consequences arising from the way stakeholders
might view a particular course of action.
5. w firms a se ents o a ro r ate o t ons a a ab e to them un er

the law having regard to all of the principles contained in this code.
e e e t a o our eo e to a these r n es to the wa the work

and we encourage them to consult whenever they are in doubt.
We take pride in our role as an essential and productive part of global tax
a m n strat on an om an e ur o s e a sts a se regu ators
go ernments or orat ons an su ra nat ona bo es wor w e on
the technical and practical aspects of developing and implementing tax
o n t at es
www.pwc.com/taxsummaries Global Tax Contacts 411

Indirect Taxes
s is s
i a s
a s
Global Leader, Indirect Taxes

Jo Bello
PwC UK
+44 20 780 43147
jo.bello@uk.pwc.com
o g e the best a e on n re t ta at on we be e e ou
nee to work ose w th the eo e e s ng t t w
we do this. We have a thorough knowledge of indirect taxes
from every perspective – we appreciate that indirect taxes
can be very different depending on which industry sector
ou work n ross the wor our n re t ta an ustoms
specialists work closely with PwC industry specialists to really
un erstan the s e fi ssues n our se tor an g e ou
advice with genuine insight. And because the implications
o n re t ta es an be so m ortant to our bus ness
we ustom se the su ort we g e ou an use the atest
te hno og to ro e ou w th what ou nee where er
you are and whenever you need us. We can assist you with
strateg r sk ro ess an marg n m ro ement

Indirect Taxes
Albania Loreta Peci +355 4 229 0720 loreta.peci@al.pwc.com
Algeria Alain Chedal +33 1 5657 4019 alain.chedal@fr.landwellglobal.com
Angola Pedro Calixto +244 227 286 111 pedro.calixto@ao.pwc.com
Argentina Ricardo Tavieres +54 11 4850 6722 ricardo.d.tavieres@ar.pwc.com
Armenia Nerses Nersisyan +374 60 652 166 nerses.nersisyan@am.pwc.com
Australia Peter Konidaris +61 3 8603 1168 peter.konidaris@au.pwc.com
Austria Christine Weinzierl +43 1 501 88 3630 christine.weinzierl@at.pwc.com
Azerbaijan Movlan Pashayev +994 12 497 2515 movlan.pashayev@az.pwc.com
Bahamas Prince Rahming +1 242 302 5301 prince.a.rahming@bs.pwc.com
Bahrain Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Belgium Wouter Villette +32 2 710 7302 wouter.villette@be.pwc.com
Bosnia and Herzegovina Branka Rajicic +38 11 1330 2100 branka.rajicic@rs.pwc.com
Botswana Butler Phirie +26 7 395 2011 butler.phirie@bw.pwc.com
Brazil Luis Reis +55 11 3674 2276 luis.reis@br.pwc.com
Bulgaria Svetlin Krastanov +359 2 93 55 135 svetlin.krastanov@bg.pwc.com
Cambodia Thy Heng +855 23 218 086 ext. 1502 heng.thy@kh.pwc.com
Canada Mario Seyer +1 514 205 5285 mario.seyer@ca.pwc.com
Chile Sandra Benedetto +56 2 2940 0155 sandra.benedetto@cl.pwc.com
China, People’s Republic of Alan Wu +86 10 6533 2889 alan.wu@cn.pwc.com
Croatia Marko Marusic +385 1 6328 896 marko.marusic@hr.pwc.com
Cyprus Chrysilios Pelekanos +357 22 555 000 chrysilios.pelekanos@cy.pwc.com
Czech Republic Martin Divis +420 251 152 574 martin.divis@cz.pwc.com
Denmark Claus Boldt +45 3945 9008 cub@pwc.dk
Dominican Republic Andrea Paniagua +1 809 567 7741 andrea.paniagua@do.pwc.com
Egypt Abdallah El Adly +20 2 2759 7887 abdallah.eladly@eg.pwc.com
Estonia Ain Veide +372 614 1978 ain.veide@ee.pwc.com
Fiji Jerome S. Kado +679 331 5199 jerome.kado@fj.pwc.com
Finland Ilona Paakkala +358 40 845 9169 ilona.paakkala@fi.pwc.com
France Stephen Dale +33 1 5657 4161 stephen.dale@pwcavocats.com
Georgia Sergi Kobakhidze +995 32 250 8050 sergi.kobakhidze@ge.pwc.com
Germany Götz Neuhahn +49 30 2636 5445 goetz.neuhahn@de.pwc.com
Ghana Ayesha Bedwei +233 302 761 500 ayesha.a.bedwei@gh.pwc.com
Greece Mariza Sakellaridou +30 210 6874 557 mariza.sakellaridou@gr.pwc.com
Honduras Ramon Morales +504 2553 1014 ext. 2204 ramon.morales@hn.pwc.com
Hungary Laszlo Deak +36 1 461 9590 laszlo.deak@hu.pwc.com
Iceland Jon Ingi Ingibergsson +354 550 5342 jon.i.ingibergsson@is.pwc.com
India Pratik Jain +91 124 3306507 pratik.p.jain@in.pwc.com
Indonesia Abdullah Azis +62 21 528 90601 abdullah.azis@id.pwc.com
Iraq Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Ireland Tom Corbett +353 0 1 7925462 tom.corbett@ie.pwc.com
Isle of Man Phil Morris +44 1624 689 689 phil. morris@iom.pwc.com
Israel Liat Neuwirth +972 3 795 4482 liat.neuwirth@il.pwc.com
Italy Luca Lavazza + 390 2 9160 5701 luca.lavazza@it.pwc.com
Jamaica Paul A. Cobourne +1 876 932 8350 paul.cobourne@jm.pwc.com
Japan Masanori Kato +81 3 5251 2536 masanori.kato@jp.pwc.com
Jordan Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Kazakhstan Michael Ahern +7 727 330 3200 michael.ahern@kz.pwc.com
Kenya Job Kabochi +254 20 285 5653 job.kabochi@ke.pwc.com
Korea, Republic of Dong-Keon Lee +82 2 709 0561 dong-keon.lee@kr.pwc.com
Kosovo Loreta Peci +355 4 229 0720 loreta.peci@al.pwc.com
Kuwait Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Kyrgyzstan Anvar Suleimanov +7 727 330 3200 anvar.suleimanov@kz.pwc.com
Latvia Ilze Rauza +371 6709 4512 ilze.rauza@lv.pwc.com
Lebanon Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Liechtenstein Michaela Merz +41 58 792 4429 michaela.merz@ch.pwc.com
Lithuania Aušra Miltenytė +370 5 239 2371 ausra.miltenyte@lt.pwc.com
Luxembourg Laurent Grençon +352 49 4848 2060 laurent.grencon@lu.pwc.com
Macedonia Georgi Markov +389 2 3140 908 georgi.markov@mk.pwc.com
Malawi Vyamala Moyo +265 1 82 0322 vyamala.moyo@mw.pwc.com
Malaysia Raja Kumaran +60 3 2173 1701 raja.kumaran@my.pwc.com
Malta David Ferry +356 2564 6712 david.ferry@mt.pwc.com
Mauritius Tony Leung Shing +230 404 5071 anthony.leung.shing@mu.pwc.com
Mexico Ivan Jaso +52 55 5263 8535 ivan.jaso@mx.pwc.com
Monaco Stephen Dale +33 1 5657 4161 stephen.dale@pwcavocats.com
Mongolia Michael Ahern +7 727 330 3200 michael.ahern@kz.pwc.com

Indirect Taxes
Morocco Mahat Chraibi +212 5 2299 9898 mahat.chraibi@ma.pwc.com
Mozambique Malaika Ribeiro +258 21 350 400 malaika.ribeiro@mz.pwc.com
Namibia, Republic of Chantell Husselmann +264 61 284 1327 chantell.husselmann@na.pwc.com
Netherlands Wanda Otto +31 88 792 7374 wanda.otto@nl.pwc.com
New Zealand Eugen Trombitas +64 9 355 8686 eugen.x.trombitas@nz.pwc.com
Nicaragua Francisco Castro +505 2270 9950 francisco.castro@ni.pwc.com
Nigeria Emuesiri Agbeyi +234 1 2711700 emuesiri.agbeyi@ng.pwc.com
Norway Trond Ingebrigtsen +47 95 26 0810 trond.ingebrigtsen@no.pwc.com
Oman Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Papua New Guinea Jason Ellis +675 321 1500 jason.b.ellis@pg.pwc.com
Philippines Carlos Carado +63 2 459 2020 carlos.carado@ph.pwc.com
Poland Marcin Chomiuk +48 22 746 4760 marcin.chomiuk@pl.pwc.com
Portugal Susana Claro +351 213 599 648 susana.claro@pt.pwc.com
Qatar Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Romania Daniel Anghel +40 21 225 3688 daniel.anghel@ro.pwc.com
Russian Federation Vladimir Konstantinov +7 495 967 6236 vladimir.konstantinov@ru.pwc.com
Rwanda Frobisher Mugambwa +250 252 5882 03/04/05/06 frobisher.mugambwa@rw.pwc.com
Saudi Arabia Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Serbia Branka Rajicic +38 11 1330 2100 branka.rajicic@rs.pwc.com
Singapore Soo How Koh +65 6236 3600 soo.how.koh@sg.pwc.com
Slovak Republic Eva Fricova +421 259 350 613 eva.fricova@sk.pwc.com
Slovenia Miroslav Marchev +386 1 5836 058 miroslav.marchev@si.pwc.com
South Africa Charles De Wet +27 21 529 2377 charles.de.wet@za.pwc.com
Spain Alberto Monreal +34 915 685 570 alberto.monreal@es.pwc.com
Sweden Kajsa Boqvist +46 8 555 338 24 kajsa.boqvist@se.pwc.com
Switzerland Michaela Merz +41 58 792 4429 michaela.merz@ch.pwc.com
Syria Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Taiwan Li-Li Chou +886 2 2729-6566 li-li.chou@tw.pwc.com
Tanzania Rishit Shah +255 22 219 2601 rishit.shah@tz.pwc.com
Thailand Somboon Weerawutiwong +66 2344 1247 somboon.weerawutiwong@th.pwc.com
Trinidad and Tobago Allyson West +1 868 299 0704 allyson.west@tt.pwc.com
Tunisia Mabrouk Maalaoui +216 71 160 105 mabrouk.maalaoui@tn.pwc.com
Turkey Cenk Ulu +90 212 326 6424 cenk.ulu@tr.pwc.com
Turkmenistan Jamshid Juraev +998 71 120 6101 jamshid.juraev@uz.pwc.com
Uganda Francis Kamulegeya +256 312 354425 francis.kamulegeya@ug.pwc.com
Ukraine Viktoria Tymoshenko +380 44 490 6777 viktoria.tymoshenko@ua.pwc.com
United Arab Emirates Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
United Kingdom Martin Blanche +44 207 213 8347 martin.j.blanche@uk.pwc.com
United States George A. Famalett +1 646 471 0520 george.a.famalett@pwc.com
Tom Boniface (VAT) +1 646 471 4579 thomas.a.boniface@us.pwc.com
Uruguay Patricia Marques +598 2 916 0463 ext. 1348 patricia.marques@uy.pwc.com
Uzbekistan, Republic of Jamishd Juraev +998 71 120 61 01 jamshid.juraev@uz.pwc.com
Venezuela Elys Aray +58 241 825 6434 elys.aray@ve.pwc.com
Vietnam Huong Giang Nguyen +84 4 9462 246 ext. 3020 n.huong.giang@vn.pwc.com
West Bank and Gaza Wael Saadi +972 2 532 6660 ext. 21 wael.h.saadi@ps.pwc.com
Yemen Jeanine Daou +971 4 304 3744 jeanine.daou@ae.pwc.com
Zambia Jyoti Mistry +260 211 334 000 ext. 4023 jyoti.mistry@zm.pwc.com
Zimbabwe Manuel Lopes +263 4 33 8362 ext. 8 manuel.lopes@zw.pwc.com

International Tax Services
A a
a a i
Global Leader, International Tax Services

Shi-Chieh ‘Suchi’ Lee
PwC US
+1 646 471 5315
suchi.lee@us.pwc.com
If you’re operating across borders or competing in multiple

ur s t ons om ng w th o a ta aws re ort ng
re u rements an statutor fi ngs not to ment on sta ng on
top of new legislative developments – is more than a full-time
job for your tax department.
But compliance is only half of the equation. In a world of

ntens fie g oba om et t on the ke to bus ness su ess
is keeping your tax strategy agile and aligned with your
corporate strategy – while keeping an eye on your worldwide
effective tax rate.
PwC’s leading international tax professionals2 have the

resour es e er en e an o a om eten es to he
companies like yours address your cross-border needs. With
our ega trans er r ng ta ontro ers an n re t
ta teams we are su erb ua fie to ass st ou w th a
as e ts o our nternat ona ta at on nee s n a t on our
geogra h networks su h as our re t a rou at n
mer an a rou an nternat ona a esks an ro e
you with the up-to-date analytical tax insight you need to
a h e e our bus ness goa s both o a an g oba
2
enior ta b ers name PwC as their first choice rovider for international cor orate
ta str ct ring services globall . hese res lts are based on an inde endent s rve
of 1, rimar b ers of international cor orate ta str ct ring ta services
globall , cond cted b research agenc igsaw esearch 1 201 .

Afghanistan Rashid Ibrahim +92 51 2273457 rashid.ibrahim@pk.pwc.com
Albania Paul Tobin +359 2 93 55 116 paul.tobin@bg.pwc.com
Antigua and Barbuda Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Argentina Andres M. Edelstein +54 11 4850 6722 andres.m.edelstein@ar.pwc.com
Armenia Nerses Nersisyan +374 1 0592166 nerses.nersisyan@am.pwc.com
Aruba Hans Ruiter +297 5221647 hans.ruiter@an.pwc.com
Australia Peter Collins +61 3 8603 6247 peter.collins@au.pwc.com
Austria Christof Woerndl +43 1 501 88 3335 christof.woerndl@at.pwc.com
Bahamas Prince Rahming +1 242 302 5301 prince.a.rahming@bs.pwc.com
Bahrain Ebrahim Karolia +973 1711 8884 ebrahim.karolia@bh.pwc.com
Barbados Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Belarus Sergei Odintsov +375 17 335 4000 sergei.odintsov@by.pwc.com
Eugenia Chetverikova +375 17 335 4000 eugenia.chetverikova@by.pwc.com
Belgium Maarten Temmerman +32 3 259 3021 maarten.temmerman@be.pwc.com
Benin Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Bermuda Richard Irvine +1 441 299 7136 richard.e.irvine@bm.pwc.com
Bolivia Eduardo Aramayo +591 3 3444311 ext. 119 eduardo.aramayo@bo.pwc.com
Bosnia and Herzegovina Branka Rajicic +381 11 3302117 branka.rajicic@rs.pwc.com
Botswana Butler Phirie +267 395 2011 butler.phirie@bw.pwc.com
Brazil Fernando Giacobbo +55 51 3378 1703 fernando.giacobbo@br.pwc.com
British Virgin Islands Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Bulgaria Orlin Hadjiiski +359 2 93 55 142 orlin.hadjiiski@bg.pwc.com
Burkina Faso Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Burundi Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Cameroon Nadine Tinen +237 33 43 2443 nadine.tinen@cm.pwc.com
Canada Mike Maikawa +416-365-2719 mike.maikawa@ca.pwc.com
Caribbean Netherlands Lennart Huijsen +599 9 430 0006 lennart.f.huijsen@an.pwc.com
Cayman Islands Frazer Lindsay +1 345 914 8606 frazer.lindsay@ky.pwc.com
Central Eastern Europe Dora Mathe +36 1 461 9767 dora.mathe@hu.pwc.com
Chad Nadine Tinen +237 33 43 2443 nadine.tinen@cm.pwc.com
Chile Francisco Selame +56 2 940 0462 francisco.selame@cl.pwc.com
China, People’s Republic of Edwin Wong +86 10 6533 2100 edwin.wong@cn.pwc.com
Colombia Carlos Chaparro +57 163 405 55 ext. 216 carlos.chaparro@co.pwc.com
Comoros Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Congo, Democratic Republic of Emmanuel LeBras +242 05 534 0907 emmanuel.lebras@cg.pwc.com
Congo, Republic of Emmanuel LeBras +242 05 534 0907 emmanuel.lebras@cg.pwc.com
Costa Rica Carlos Barrantes +506 2224 1555 carlos.barrantes@cr.pwc.com
Croatia Hrvoje Jelic +385 1 6328 839 hrvoje.jelic@hr.pwc.com
Curacao Lennart Huijsen +599 9 430 0006 lennart.f.huijsen@an.pwc.com
Cyprus Marios Andreou +357 22 555 266 marios.andreou@cy.pwc.com
Czech Republic David Borkovec +420 251 152 561 david.borkovec@cz.pwc.com
Cote d'lvoire (Ivory Coast) Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Denmark Søren Jesper Hansen +45 3945 3320 soren.jesper.hansen@dk.pwc.com
Dominican Republic Andrea Paniagua +1 809 567 7741 ext. 2354 andrea.paniagua@do.pwc.com
Ecuador Pablo Aguirre +593 2 382 9351 pablo.aguirre@ec.pwc-ag.com
Egypt Amr ElMonayer +2 02 27597700 amr.elmonayer@eg.pwc.com
El Salvador Andrea Paniagua +1 809 567 7741 ext. 2354 andrea.paniagua@do.pwc.com
Equatorial Guinea Sébastien Lechene +240 222 27 38 41 sebastien.lechene@ga.pwc.com
Eritrea Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Estonia Hannes Lentsius +372 6141 1937 hannes.lentsius@ee.pwc.com
Ethiopia Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Fiji Jerome Kado +679 313955 jerome.kado@fj.pwc.com
Finland Martti Virolainen +358 0 9 2280 1396 martti.virolainen@fi.pwc.com
France Renaud Jouffroy +33 1 56 57 4229 renaud.jouffroy@fr.landwellglobal.com
Gabon Christophe Relongoue +241 76 2508 christophe.relongoue@ga.pwc.com
Gambia George Kwatia +233 302 761 459 george.kwatia@gh.pwc.com
Germany Volker Käbisch +49 211 981 1527 volker.kaebisch@de.pwc.com
Ghana George Kwatia +233 302 761 459 george.kwatia@gh.pwc.com
Gibraltar Edgar Lavarello +350 200 73520 edgar.c.lavarello@gi.pwc.com
Greece Vassilios Vizas +30 210 6874 019 vassilios.vizas@gr.pwc.com
Guatemala Edgar Mendoza +502 2420 7800 edgar.mendoza@gt.pwc.com
Guernsey (Channel Islands) David Waldron +44 1481 752081 david.x.waldron@gg.pwc.com

Guinea-Bissau Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Honduras Ramon Morales +504 2553 3060 ramon.morales@hn.pwc.com
Hong Kong Jenny Chong +86 21 2323 3219 j.chong@cn.pwc.com
Hungary Dora Mathe +36 1 461 9767 dora.mathe@hu.pwc.com
Iceland Fridgeir Sigurdsson +354 550 5366 fridgeir.sigurdsson@is.pwc.com
India Dwaraknath Narasimhan + 91 80 4079 6003 dwaraknath.e.n@in.pwc.com
Indonesia Ay Tjhing Phan +62 21 521 2901 ay.tjhing.phan@id.pwc.com
Ireland (Rep. of) Denis Harrington +353 1 792 8629 denis.harrington@ie.pwc.com
Isle of Man Kevin Cowley +44 1624 689 689 kevin.cowley@iom.pwc.com
Israel Doron Sadan +972 3 7954 460 doron.sadan@il.pwc.com
Italy Franco Boga +390 2 9160 5400 franco.boga@it.pwc.com
Jamaica Eric Crawford +1 876 932 8323 eric.crawford@jm.pwc.com
Japan Jun Takashima +81 3 5251 2574 jun.takashima@jp.pwc.com
Jersey (Channel Islands) David Waldron +44 1481 752081 david.x.waldron@gg.pwc.com
Jordan Stephan Stephan +962 6 500 1300 stephan.stephan@jo.pwc.com
Kazakhstan Richard Bregonje +7 727 330 32 01 ext. 4002 richard.bregonje@kz.pwc.com
Kenya Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Korea (Republic of) Alex Joong-Hyun Lee +82 2 709 0598 alex.joong-hyun.lee@kr.pwc.com
Kuwait Fouad Douglas +965 2227 5700 fouad.douglas@kw.pwc.com
Kyrgyzstan Richard Bregonje +7 727 330 32 01 ext. 4002 richard.bregonje@kz.pwc.com
Latvia Zlata Elksniņa +371 6709 4514 zlata.elksnina@lv.pwc.com
Lebanon Wadih AbouNasr +961 3 08 23 23 wadih.abounasr@lb.pwc.com
Liberia George Kwatia +233 302 761 459 george.kwatia@gh.pwc.com
Libya Husam Elnaili +218 21 360 98 30 32 husam.elnaili@ly.pwc.com
Liechtenstein Stefan Schmid +41 58 792 4482 stefan.schmid@ch.pwc.com
Lithuania Kristina Krisciunaite +370 5 2392 365 kristina.krisciunaite@lt.pwc.com
Luxembourg Sami Douénias +352 49 4848 3060 sami.douenias@lu.pwc.com
Macedonia Miroslav Marchev +389 2314 0908 miroslav.marchev@mk.pwc.com
Madagascar Andriamisa Ravelomanana +261 20 22 217 63 andriamisa.ravelomanana@mg.pwc.com
Malawi Vyamala Aggriel Moyo +265 1 82 0322 vyamala.aggriel.moyo@mw.pwc.com
Malaysia Frances Po +60 3 2173 1618 frances.po@my.pwc.com
Mali Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Malta Neville Gatt +356 2564 6711 neville.gatt@mt.pwc.com
Mauritania (Maghreb) Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Mauritius Anthony Leung Shing +230 404 5071 anthony.leung.shing@mu.pwc.com
Mexico David Cuellar +52 55 5263 5816 david.cuellar@mx.pwc.com
Middle East Region Jochem Rossel +971 4 304 3445 jochem.rossel@ae.pwc.com
Moldova Ionut Simion +40 21 225 3702 ionut.simion@ro.pwc.com
Monaco Emmanuelle Veras +33 4 91 99 30 36 emmanuelle.veras@pwcavocats.com
Mongolia Mike Ahern +7 727 330 3200 michael.ahern@kz.pwc.com
Montenegro Branka Rajicic +381 11 3302117 branka.rajicic@rs.pwc.com
Morocco (Maghreb) Mahat Chraibi +212 22 99 9800 mahat.chraibi@ma.landwellglobal.com
Mozambique João Martins +258 21 307 620 joao.l.martins@mz.pwc.com
Myanmar Paul Cornelius +65 6236 3718 paul.cornelius@sg.pwc.com
Namibia Stefan Hugo +264 61 284 1102 stefan.hugo@na.pwc.com
Netherlands Jeroen Schmitz +31 0 88 792 73 52 jeroen.schmitz@nl.pwc.com
New Zealand Peter Boyce +64 9 355 8547 peter.boyce@nz.pwc.com
Nicaragua Andrea Paniagua +1 809 567 7741 ext. 2354 andrea.paniagua@do.pwc.com
Niger Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Nigeria Taiwo Oyedele +234 1 271 700 taiwo.oyedele@ng.pwc.com
Norway Ståle Wangen +47 95 26 08 16 staale.wangen@no.pwc.com
Oman Jochem Rossel +971 4 304 3445 jochem.rossel@ae.pwc.com
Pakistan Rashid Ibrahim +92 51 2273457 rashid.ibrahim@pk.pwc.com
Panama Francisco Barrios +507 206 9217 francisco.barrios@pa.pwc.com
Papua New Guinea Jason Ellis +675 3211500 jason.b.ellis@pg.pwc.com
Paraguay Ruben Taboada +595 21 445 003 ruben.taboada@py.pwc.com
Peru Rudolf Röder +51 1 211 6500 rudolf.roeder@pe.pwc.com
Philippines Alex Cabrera +63 2 845 2728 alex.cabrera@ph.pwc.com
Poland Agata Oktawiec +48 22 746 4864 agata.oktawiec@pl.pwc.com
Portugal Jorge Figueiredo +351 213 599 636 jorge.figueiredo@pt.pwc.com
Qatar Sajid Khan +974 66262347 sajid.khan@qa.pwc.com
Romania Mihaela Mitroi +40 21 225 3717 mihaela.mitroi@ro.pwc.com
Russia Natalia Kuznetsova +7 495 967 6271 natalia.kuznetsova@ru.pwc.com
Rwanda Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Saudi Arabia Mohammed Yaghmour +966 2 660 4400 ext. 2228 mohammed.yaghmour@sa.pwc.com

Senegal Matthias Hubert +221 33 849 0500 matthias.hubert@sn.pwc.com
Serbia Branka Rajicic +381 11 3302117 branka.rajicic@rs.pwc.com
Seychelles Anthony Leung Shing +230 404 5071 anthony.leung.shing@mu.pwc.com
Sierra Leone George Kwatia +233 302 761 459 george.kwatia@gh.pwc.com
Singapore Paul Cornelius +65 6236 3718 paul.cornelius@sg.pwc.com
Sint Maarten Lennart Huijsen +599 9 430 0006 lennart.f.huijsen@an.pwc.com
Slovakia Christiana Serugova +421 2 59 350 614 christiana.serugova@sk.pwc.com
Slovenia Lana Brlek +386 1 583 6058 lana.brlek@si.pwc.com
Somalia Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
South Africa David Lermer +27 21 529 2364 david.lermer@za.pwc.com
Spain Ramon Mullerat +34 915 685 534 ramon.mullerat@es.pwc.com
Sri Lanka Charmaine Tillekeratne +94 11 471 9838 charmaine.tillekeratne@lk.pwc.com
St. Kitts & Nevis Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
St. Lucia Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Sudan Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Swaziland Theo Mason +268 2404 3143 theo.mason@sz.pwc.com
Sweden Jörgen Haglund +46 8 555 331 51 jorgen.haglund@se.pwc.com
Switzerland Stefan Schmid +41 58 792 4482 stefan.schmid@ch.pwc.com
Taiwan Elaine Hsieh +886 2 2729 5809 elaine.hsieh@tw.pwc.com
Tajikistan Elena Kaeva +7 727 330 32 01 ext. 4004 elena.kaeva@kz.pwc.com
Tanzania David Tarimo +255 22 219 2000 ext. 2600 david.tarimo@tz.pwc.com
Thailand Paul Stitt +66 2 344 1119 paul.stitt@th.pwc.com
Togo Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Turkey Burcu Canpolat +90 212 326 6452 burcu.canpolat@tr.pwc.com
Uganda Francis Kamulegeya +256 414 236 018 francis.kamulegeya@ug.pwc.com
Ukraine Slava Vlasov +380 44 490 6777 slava.vlasov@ua.pwc.com
United Arab Emirates Jochem Rossel +971 4 304 3445 jochem.rossel@ae.pwc.com
United Kingdom Stella Amiss +44 0 20 721 23005 stella.c.amiss@uk.pwc.com
United States Tim Anson +1 202 414 1664 tim.anson@us.pwc.com
Michael (Mike) Urse +1 216 875 3358 michael.urse@us.pwc.com
Uruguay Daniel Garcia +598 2 916 0463 garcia.daniel@uy.pwc.com
Uzbekistan Natasha Tsoy +99871 120 61 01 natasha.tsoy@uz.pwc.com
Venezuela José Javier García Padilla +58 212 700 6142 jose.j.garcia@ve.pwc.com
Vietnam Richard Irwin +84 8 3824 0117 r.j.irwin@vn.pwc.com
Zambia Jyoti Mistry +260 211 25647 ext. 218 jyoti.mistry@zm.pwc.com
Zimbabwe Manuel Lopes +263 4 338 362/8 manuel.lopes@zw.pwc.com

Legal Services
i a
a si a
i s
Global Leader, Legal Services

Leon Flavell
PwC Singapore
+44 20 7212 1945
eon a e sg w om
e un erstan that one s e oesn t fit a when t omes

to ega ser es th o er or orate aw ers n
ountr es we re ab e to ta k e rob ems n a wa that s
genu ne s e fi to our bus ness s we as s e a st ega
a e we a so o er a to a genera ounse su ort e
support businesses with teams drawn from the range of skills
w th n the w g oba network e en ng on our ega ssues
we m ght n u e ta a sers human a ta onsu tants
or orate finan e s e a sts a tuar es management
onsu tants or a ountants e ut together whate er t
takes to give you a creative solution in the least possible time.

ega er es
Algeria Arnaud Chastel +331 5657 8351 arnaud.chastel@fr.landwellglobal.com
Angola Eduardo Paiva +244 923 223 735 eduardo.paiva@ao.pwc.com
Argentina Eduardo Gil Roca +54 11 4850 6728 eduardo.gil.roca@ar.pwc.com
Australia Tony O'Malley +61 2 8266 3015 tony.omalley@au.pwc.com
Azerbaijan Samir Hadjiyev +99450 2219717 samir.hadjiyev@az.pwc.com
Barbados & Caribbean region Ronaele Dathorne-Bayrd +1 246 467 6652 ronaele.dathorne-bayrd@bb.pwc.com
Belarus Eugenia Chetverikova +375 17 335 40 00 eugenia.chetverikova@by.pwclegal.com
Belgium Karin Winters +32 2 710 7404 karin.winters@lawsqurare.be
Bolivia Eduardo Aramayo +591 2 240 8181 ext. 214 eduardo.aramayo@bo.pwc.com
Brazil Fernando Loeser +55 11 3879 2802 fernando.loeser@lpadv.com.br
Bulgaria Irina Tsvetkova +359 2 9355 126 irina.tsvetkova@bg.pwc.com
Cameroon Nadine Tinen +237 33 43 2443 nadine.tinen@cm.pwc.com
Canada Jean-Philippe Couture +1 403 509 7467 jean-p.couture@ca.pwc.com
Chad Nadine Tinen +235 523 896 nadine.tinen@cm.pwc.com
China, People’s Republic of Craig Stevenson +852 2289 1811 craig.stevenson@cn.pwc.com
Spencer Chong +86 21 2323 2580 spencer.chong@cn.pwc.com
Colombia Eliana Bernal +57 1 634 0527 eliana.bernal@co.pwc.com
Congo, Republic of Emmanuel Lebras +242 05 513 13 53 emmanuel.lebras@cg.pwc.com
Costa Rica Luis Diego Barahona +506 2224 1555 luis.barahona@cr.pwc.com
Côte d’Ivoire (Ivory Coast) Adeline Messou +225 20 31 54 71 adeline.messou@ci.pwc.com
Croatia Dzenet Garibovic +385 1 632 8803 dzenet.garibovic@hr.pwc.com
Cyprus Spyros A. Evangelou +357 22 559 999 spyros.evangelou@cy.pwc.com
Czech Republic Borivoj Libal +420 251 152 929 borivoj.libal@pwclegal.cz
Dominican Republic Andrea Paniagua +809 567 7741 andrea.paniagua@do.pwc.com
Dutch Caribbean Esther Avontuur +5999 4300193 esther.avontuur@an.pwc.com
Ecuador Pablo Aguirre +593 2 382 9352 pablo.aguirre@ec.pwc.com
El Salvador Andrea Paniagua +809 567 7741 andrea.paniagua@do.pwc.com
Equatorial Guinea Sébastien Lechêne +240 333 09 14 34 sebastien.lechene@ga.pwc.com
Estonia Karl Paadam +372 614 1976 karl.paadam@ee.pwclegal.com
Finland Elina Kumpalainen +358 9 2280 1907 elina.kumpulainen@fi.pwc.com
France Christophe Guénard +33 1 5657 4579 christophe.guenard@pwcavocats.com
Gabon Christophe Relongoue +241 76 2508 christophe.relongoue@ga.pwc.com
Georgia Vano Gogelia +995 32 2 50 80 50 ext. 1007 vano.gogelia@ge.pwc.com
Germany Han-Ulrich Lauermann +49 69 9585 6174 hansulrich.lauermann@de.pwc.com
Gibraltar Edgar C. Lavarello +350 200 73520 edgar.c.lavarello@gi.pwc.com
Ghana George Kwatia +233 302761459 george.kwatia@gh.pwc.com
Greece Mary Psylla +30 210 6874 543 mary.psylla@gr.pwc.com
Guatemala Edgar Mendoza +1 502 2420 7800 ext. 844 edgar.mendoza@gt.pwc.com
Hungary László Réti +36 1 461 9890 laszlo.reti@hu.pwclegall.com
Iceland Elísabet Guðbjörnsdóttir +354 550 5344 elin.arnadottir@is.pwc.com
India Akash Gupt +91 124 330 6001 akash.gupt@in.pwc.com
Italy Gaetano Arnò +390 2 9160 5210 gaetano.arno@it.pwc.com
Japan Yukako Wagatsuma +81 0 3 5251 2600 yukako.wagatsuma@jp.pwclegal.com
Kazakhstan Rashid Gaissin +7 727 330 32 01 rashid.gaissin@kz.pwc.com
Kosovo Denita Katragjini +355 4229 0714 denita.katragjini@al.pwc.com
Lao PDR Irving Sison +856 2 222 7181003 irving.sison@la.pwc.com
Latvia Janis Lagzdins +37167094400 janis.lagzdins@lv.pwc.com
Lithuania Rokas Bukauskas +370 5 239 2341 rokas.bukauskas@lt.pwc.com
Luxembourg Fabienne Moquet +352 49 4848 3179 fabienne.moquet@lu.pwc.com
Macedonia Miroslav Marchev +389 2 3140 908 miroslav.marchev@mk.pwc.com
Madagascar Andriamisa Ravelomanana +261 20 2221 763 andriamisa.ravelomanana@mg.pwc.com
Mauritius Razi Daureeawo +230 404 5009 razi.daureeawo@mu.pwc.com
Mexico Carlos Manuel Martinez +52 81 8152 2043 carlos.manuel.martinez@mx.pwc.com
Moldova Alexandru Munteanu +373 22 23 8122 alexandru.munteanu@ro.pwc.com
Montenegro Predrag Milovanovic +381 11 3302 100 predrag.milovanovic@rs.pwc.com
Mozambique Joao Martins +258 21 350 400 joao.l.martins@mz.pwc.com
Netherlands Frank Erftemeijer +31 88 792 5044 frank.erftemeijer@nl.pwc.com
New Zealand Matt Keenan +64 9 355 8249 matt.p.keenan@nz.pwc.com
Nicaragua Elias Alvarez +505 22709950 elias.x.alvarez@ni.pwc.com
Nigeria Dafe C. Akpeneye +234 1 271 1700 ext. 6108 dafe.akpeneye@ng.pwc.com

ega er es
Norway Kjell Richard Manskow +47 95 26 1176 kjell.richard.manskow@no.pwc.com
Panama Francisco Barrios +507 206 9217 francisco.barrios@pa.pwc.com
Paraguay Nadia Gorostiaga +595 21 418 8302 nadia.gorostiaga@py.pwc.com
Peru Gino Menchola +51 1 211 6500 ext. 8010 gino.menchola@pe.pwc.com
Philippines Alex Cabrera +63 2 459 2002 alex.cabrera@ph.pwc.com
Poland Ewa Szurmińska-Jaworska +48 22 746 7352 ewa.szurminska-jaworska@pl.pwc.com
Romania Sorin David +40 21 225 3770 sorin.david@david-baias.ro
Russian Federation Yana Zoloeva +7 495 232 5761 yana.zoloeva@ru.pwc.com
Senegal Pierre Michaux +221 33 849 0500 pierre.michaux@ga.pwc.com
Serbia Predrag Milovanovic +381 11 3302 100 predrag.milovanovic@rs.pwc.com
Singapore Bijay Nawal +65 6220 0900 bijay.nawal@camfordlaw.com
Slovak Republic Christiana Serugova +421 259 350 614 christiana.serugova@sk.pwc.com
Slovenia Aleksander Ferk +386 15836069 aleksander.ferk@si.pwc.com
Spain Patricia Manca +34 915 684 211 patricia.manca.diaz@es.pwc.com
Sweden Björn Ulvgården +46 10 212 4557 bjorn.ulvgarden@se.pwc.com
Switzerland Gema Olivar Pascual +41 58 792 4377 gema.olivar.pascual@ch.pwc.com
Taiwan Eric Tsai +886 2 2729 6687 eric.tsai@tw.pwc.com
Thailand Vunnipa Ruamrangsri +66 2 344 1284 vunnipa.ruamrangsri@th.pwc.com
Tunisia Abderrahmen Fendri +216 71 862 156 abderrahmen.fendri@tn.pwc.com
Turkey Nilgun Serdar +90 212 326 6368 nilgun.serdar@tr.pwc.com
Ukraine Andrey Pronchenko +38 44 354 04 04 andrey.pronchenko@ua.pwc.com
United Arab Emirates Jonathan Gibson +971 4 304 3424 jonathan.s.gibson@pwclegal.co.ae
United Kingdom Shirley Brookes +44 20 7212 1608 shirley.brookes@pwclegal.co.uk
Venezuela Elys Aray +58 241 8252361 elys.aray@ve.pwc.com
Vietnam Phan Thi Thuy Duong +84 8 3823 0796 ext. 1508 phan.thi.thuy.duong@vn.pwc.com

Mergers and Acquisitions
A i ai a
a s s ia is s
i i
a sa i
Global Leader, Mergers and Acquisitions

Mark Boyer
PwC US
+1 202 414 1629
mark.boyer@us.pwc.com
hether ou re bu ng se ng or merg ng t s m ortant

to manage risk with tax due diligence and to increase tax
e fi en es w th ea stru tur ng thereb ma m s ng a ue
associated with a transaction. With a leading international
network3 o ergers an u s t ons
s e a sts e er en e n e er t e o transa t on we
know how to he ou e a uate stru ture an finan e the
transa t on to our best a antage ur a s e a sts
support you through every stage of the deal continuum.
he work ose w th our transa t ons ser es or orate
finan e an ega teams so that a as e ts o the transa t on
are considered by experienced specialists.
enior ta b ers name PwC as their first choice rovider for mergers and
ac isitions services globall . hese res lts are based on an inde endent s rve of
1, 6 rimar b ers of mergers and ac isitions ta services globall , cond cted
b research agenc igsaw esearch 1 201 .

ergers an u s t ons
Afghanistan Rashid Ibrahim +92 51 2273457 rashid.ibrahim@pk.pwc.com
Albania Paul Tobin +359 2 93 55 116 paul.tobin@bg.pwc.com
Algeria Karine Lasne +33 15 657 4047 karine.lasne@fr.landwellglobal.com
Angola Maria Torres +351 225 433 113 maria.torres@pt.pwc.com
Antigua and Barbuda Louisa Lewis-Ward +1 246 626 6756 louisa.ward@bb.pwc.com
Argentina Andrés Edelstein +54 11 4850 6703 andres.m.edelstein@ar.pwc.com
Armenia Nerses Nersisyan Yerevan +374 10 592 166 nerses.nersisyan@am.pwc.com
Aruba Hans Ruiter +297 522 1647 hans.ruiter@an.pwc.com
Australia Mark O’Reilly +61 2 8266 2979 mark.oreilly@au.pwc.com
Austria Bernd Hofmann +43 1 501 88 3332 bernd.hofmann@at.pwc.com
Bahamas Kevin D. Seymour +242 350 4800 kevin.d.seymour@bs.pwc.com
Bahrain Ebrahim Karolia +973 1711 8884 ebrahim.karolia@bh.pwc.com
Barbados Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Belarus Eugenia Chetverikova +375 17 335 40 00 eugenia.chetverikova@by.pwc.com
Belgium Jan Muyldermans +32 2 710 7423 jan.muyldermans@be.pwc.com
Bermuda Richard Irvine +1 441 299 7136 richard.e.irvine@bm.pwc.com
Bolivia Eduardo Aramayo +591 2 2408181 ext. 214 eduardo.aramayo@bo.pwc.com
Bosnia and Herzegovina Branka Rajicic +381 11 3302117 branka.rajicic@rs.pwc.com
Brazil Rodrigo Bastos +55 113674 3543 rodrigo.bastos@br.pwc.com
British Virgin Islands Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Bulgaria Paul Tobin +359 2 93 55 200 paul.tobin@bg.pwc.com
Burundi Bernice Kimacia +250 7821 78250 bernice.w.kimacia@rw.pwc.com
Cambodia Heng Thy +60 3 2173 1188 1502 heng.thy@kh.pwc.com
Cameroon Pierre Roger Ngangwou +237 33 43 2443 pierre.roger.ngangwou@cm.pwc.com
Canada Jim Briggs +1 416 365 8874 jim.m.briggs@ca.pwc.com
Cape Verde Maria Torres +351 225 433 113 maria.torres@pt.pwc.com
Caribbean Netherlands Lennart Huijsen +599 9 430 0000 lennart.f.huijsen@an.pwc.com
Cayman Islands Frazer Lindsay +1 345 914 8606 frazer.lindsay@ky.pwc.com
Central African (East) Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Central African (West) Taiwo Oyedele +234 1 271 1700 taiwo.oyedele@ng.pwc.com
Central America Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Central and Eastern Europe Galina Naumenko +7 495 232 5753 galina.naumenko@ru.pwc.com
Chile German Campos +56 2 940 0098 german.campos@cl.pwc.com
China, People’s Republic of Jeremy CM Ngai +852 2289 5616 jeremy.cm.ngai@hk.pwc.com
Colombia Eliana Bernal +57 1 634 0527 eliana.bernal@co.pwc.com
Comoros Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Congo, Democratic Republic of Emmanuel Lebras +242 05 534 0907 emmanuel.lebras@cg.pwc.com
Congo, Republic of Prosper Bizitou +242 05 534 0907 prosper.bizitou@cg.pwc.com
Costa Rica Ana Elena Carazo +506 2224 1555 elena.carazo@cr.pwc.com
Cote d'lvoire (Ivory Coast) Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Croatia Cherie Ford +385 1 6328 880 cherie.ford@hr.pwc.com
Curacao Lennart Huijsen +599 9 430 0006 lennart.f.huijsen@an.pwc.com
Cyprus Marios Andreou +357 22 555266 marios.andreou@cy.pwc.com
Denmark Daniel Noe Harboe +45 3945 9582 daniel.noe.harboe@dk.pwc.com
Dominican Republic Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Ecuador Pablo Aguirre +593 2 382 9351 pablo.aguirre@ec.pwc-ag.com
Egypt Yehia Zakaria +20 2 2759 7886 yehia.zakaria@eg.pwc.com
El Salvador Andrea Paniagua +1 809 567 7741 ext. 2354 andrea.paniagua@do.pwc.com
Eritrea Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Estonia Villi Tõntson +372 6141 816 villi.tontson@ee.pwc.com
Ethiopia Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Fiji Jerome Kado +679 313955 jerome.kado@fj.pwc.com
Finland Markku Hakkarainen +358 20 787 7774 markku.hakkarainen@fi.pwc.com
France Anne-Valérie Attias- +33 1 56 57 6909 anne-valerie.attias-assouline@
Assouline fr.landwellglobal.com
Gabon Laurent Pommera +241 01 76 2371 laurent.pommera@ga.pwc.com
Georgia Sergi Kobakhidze +995 32 250 80 50 sergi.kobakhidze@ge.pwc.com
Germany Klaus Schmidt +49 89 5790 6706 klaus.schmidt@de.pwc.com
Gibraltar Edgar Lavarello +350 200 73520 edgar.c.lavarello@gi.pwc.com
Greece Mariza Sakellaridou +30 210 6874 557 mariza.sakellaridou@gr.pwc.com

ergers an u s t ons
Guatemala Edgar Mendoza +502 2420 7800 edgar.mendoza@gt.pwc.com
Guernsey (Channel Islands) David Waldron +44 0 1481 752081 david.x.waldron@gg.pwc.com
Hong Kong Jeremy CM Ngai +852 2289 5616 jeremy.cm.ngai@hk.pwc.com
Hungary Paul Grocott +361 461 9260 paul.grocott@hu.pwc.com
India Hiten Kotak +91 22 6689 1255 hiten.kotak@in.pwc.com
Indonesia Ay Tjhing Phan +62 21 5212901 ay.tjhing.phan@id.pwc.com
Iran Dean Kern +971 4 304 3575 dean.kern@ae.pwc.com
Iraq Stephan Stephan +962 6 500 1300 stephan.stephan@jo.pwc.com
Ireland Ronan MacNioclais +353 1 792 6000 ronan.mancnioclais@ie.pwc.com
Isle of Man Kevin Cowley +44 1624 689 689 kevin.cowley@iom.pwc.com
Italy Nicola Broggi +390 2 9160 5700 nicola.broggi@it.pwc.com
Jamaica Eric Crawford +1 876 932 8323 eric.crawford@jm.pwc.com
Japan Jun Takashima +81 3 5251 2574 jun.takashima@jp.pwc.com
Jersey (Channel Islands) Garry Bell +44 1534 838361 garry.bell@je.pwc.com
Kazakhstan Elena Kaeva +7 727 3303200 ext. 4004 elena.kaeva@kz.pwc.com
Kenya Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Korea, Republic of Sang-Do Lee +82 0 2 709 0288 sang-do.lee@kr.pwc.com
Kuwait Dean Kern +971 4 304 3575 dean.kern@ae.pwc.com
Kyrgyzstan Elena Kaeva +7 727 3303200 ext. 4004 elena.kaeva@kz.pwc.com
Latvia Peter Burnie +7 727 330 3200 peter.burnie@kz.pwc.com
Lebanon Wadih AbouNasr +961 5 428 600 ext. 1610 wadih.abounasr@lb.pwc.com
Liberia Taiwo Oyedele +234 1 271 1700 taiwo-oyedele@ng.pwc.com
Libya Husam Elnaili +218 21 360 98 30 32 husam.elnaili@ly.pwc.com
Lithuania Kristina Krisciunaite +370 5 239 2365 kristina.krisciunaite@lt.pwc.com
Luxembourg Vincent Lebrun +352 49 4848 2584 vincent.lebrun@lu.pwc.com
Macedonia Cherie Ford +385 1 6328 880 cherie.ford@hr.pwc.com
Madagascar Andriamisa Ravelomanana +261 20 22 21 763 andriamisa.ravelomanan@mg.pwc.com
Malawi Vyamala Aggriel Moyo +265 1 82 0322 vyamala.aggriel.moyo@mw.pwc.com
Malaysia Frances Po +60 3 2173 1618 frances.po@my.pwc.com
Mexico Carlos Gradwohl +52 55 5263 5824 carlos.gradwohl@mx.pwc.com
Moldova Cherie Ford +385 1 6328 880 cherie.ford@hr.pwc.com
Mongolia Peter Burnie +7 727 330 3200 peter.burnie@kz.pwc.com
Montenegro Branka Rajicic +381 11 3302117 branka.rajicic@rs.pwc.com
Morocco Mahat Chraibi +212 22 99 9800 mahat.chraibi@fr.landwellglobal.com
Mozambique João Martins +258 21 307 620 joao.l.martins@mz.pwc.com
Myanmar Paul Cornelius +65 6236 3718 paul.cornelius@sg.pwc.com
Netherlands Remko Franssen +31 88 792 4027 remko.franssen@nl.pwc.com
New Caledonia Daniel Teyssier +687 28 6100 daniel.teyssier@nc.pwc.com
New Zealand Mike Morgan +64 9 355 8708 mike.j.morgan@nz.pwc.com
Nicarágua Andrea Paniagua +1 809 567 7741 ext. 2354 andrea.paniagua@do.pwc.com
Nigeria Taiwo Oyedele +234 1 271 1700 taiwo-oyedele@ng.pwc.com
Norway Steinar Hareide +47 95 26 04 29 steinar.hareide@no.pwc.com
Oman Russel Aycock +968 2 455 9122 russell.aycock@om.pwc.com
Pakistan Rashid Ibrahim +92 51 2273457 rashid.ibrahim@pk.pwc.com
Panama Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Papua New Guinea Jason Ellis +675 3211500 jason.b.ellis@pg.pwc.com
Paraguay Ruben Taboada +595 21 445 003 ruben.taboada@py.pwc.com
Peru Arturo Tuesta +51 1 211 6500 ext. 8049 arturo.tuesta@pe.pwc.com
Philippines Malou Lim +63 2 845 2728 malou.p.lim@ph.pwc.com
Poland Rafal Dróbka +48 22 746 4994 rafal.drobka@pl.pwc.com
Portugal Maria Torres +351 225 433 113 maria.torres@pt.pwc.com
Qatar Neil O'Brien +974 4 419 2812 neil.obrien@qa.pwc.com
Romania Ionut Simion +40 21 225 3702 ionut.simion@ro.pwc.com
Russian Federation Galina Naumenko +7 495 232 5753 galina.naumenko@ru.pwc.com
Rwanda Bernice Kimacia +250 7821 78250 bernice.w.kimacia@rw.pwc.com
Serbia Branka Rajicic +381 11 3302117 branka.rajicic@rs.pwc.com

ergers an u s t ons
Seychelles Anthony Leung Shing +230 404 5071 anthony.leung.shing@mu.pwc.com
Sierra Leone Taiwo Oyedele +234 1 271 1700 taiwo-oyedele@ng.pwc.com
Singapore Chris Woo +65 6236 3688 chris.woo@sg.pwc.com
Sint Maarten Lennart Huijsen +599 9 430 0000 lennart.f.huijsen@an.pwc.com
Slovak Republic Margareta Boskova +421 259 350 611 margareta.boskova@sk.pwc.com
Slovenia Cherie Ford +385 1 6328 880 cherie.ford@hr.pwc.com
Somalia Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
South Africa Mike Benetello +27 11 797 4299 mike.benetello@za.pwc.com
Spain David Ramirez +34 932 532 722 david.ramirez.garcia@es.pwc.com
Sri Lanka Charmaine Tillekeratne +94 11 471 9838 charmaine.tillekeratne@lk.pwc.com
St. Kitts & Nevis Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
St. Lucia Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Sudan Simeon Cheruiyot +254 20 285 5000 simeon.cheruiyot@ke.pwc.com
Sweden Johan Sjöqvist +46 8 555 335 99 johan.sjoqvist@se.pwc.com
Switzerland Juerg Niederbacher +41 79 452 6457 juerg.niederbacher@ch.pwc.com
Syria Wadih AbouNasr +961 5 428 600 ext. 1610 wadih.abounasr@lb.pwc.com
Taiwan Elaine Hsieh +886 2 2729 6666 elaine.hsieh@tw.pwc.com
Tajikistan Elena Kaeva +7 727 3303200 ext. 4004 elena.kaeva@kz.pwc.com
Tanzania David Tarimo +255 22 219 2600 david.tarimo@tz.pwc.com
Thailand Paul Stitt +66 2 344 1119 paul.stitt@th.pwc.com
Trinidad and Tobago Allyson West +1 868 299 0700 ext. 1030 allyson.west@tt.pw.com
Turkey Kadir Bas +90 212 326 6408 kadir.bas@tr.pwc.com
Turkmenistan Peter Burnie +7 727 330 3200 peter.burnie@kz.pwc.com
United Arab Emirates Jochem Rossel +971 4 304 3445 jochem.rossel@ae.pwc.com
United Kingdom Mark Wardle +44 20 7213 2611 mark.wardle@uk.pwc.com
United States Mark Boyer +1 202 414 1629 mark.boyer@us.pwc.com
Uzbekistan Mike Ahern +7 727 330 3200 michael.ahern@kz.pwc.com
Venezuela Gladys Rahbe +58 212 700 6058 gladys.rahbe@ve.pwc.com
Vietnam Richard Irwin +84 8 3824 0117 r.j.irwin@vn.pwc.com
West Bank and Gaza Dean Kern +971 4 304 3575 dean.kern@ae.pwc.com
Yemen Dean Kern +971 4 304 3575 dean.kern@ae.pwc.com
Zambia Jyoti Mistry +260 211 25647 ext. 218 jyoti.mistry@zm.pwc.com
Zimbabwe Manuel Lopes +263 4 338 362/8 manuel.lopes@zw.pwc.com

People and Organisation
A a i ai
i
i s si ss a
s a a a is a
is
Joint Global Leader, Joint Global Leader,

People and Organisation People and Organisation
Jon Williams Carol Stubbings
PwC Australia PwC UK
+61 2 8266 2402 +44 207 804 9859
jon.williams@au.pwc.com carol.a.stubbings@uk.pwc.com
Global Leader,
Global Mobility Services
Peter Clarke
PwC US
+1 203 539 3826
peter.clarke@us.pwc.com
PwC’s Global People and Organisation practice brings together

an unmat he omb nat on o eo e w th n ustr
bus ness ta ent strateg ana t s an te hno og
expertise in one team across 138 countries. Together we build
tailored people and organisation solutions to help our clients
achieve their strategic ambitions - with a deep understanding
o the r un ueness an groun e n r gorous ana s s an
ata r en ns ght to reate ast ng erent ate a ue
e he ents to m ement organ sat ona trans ormat on

m ro e the e e t eness o the r work or e e e o an
mo e ta ent aroun the r bus ness an manage the r human
capital risks. We work from people strategy through to
organisational execution.

Albania Loreta Peci +355 4 2 242 254 loreta.peci@al.pwc.com
Algeria Arnaud Chastel +33 156578351 arnaud.chastel@fr.landwellglobal.com
Argentina Lilian Falcon +5411 48 50 60 00 lilian.falcon@ar.pwc.com
Armenia Anahit Yuzbashyan +374 0 10 592 161 anahit.yuzbashyan@am.pwc.com
Australia Jim Lijeski +61 2 8266 2402 jon.williams@au.pwc.com
Austria Claudia Grabner +43 1 501 88 1335 claudia.grabner@at.pwc.com
Bahamas Myra Lundy-Mortimer +242 302 5300 myra.lundymortimer@bs.pwc.com
Bahrain Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Barbados Michelle White-Ying +1 246 626 6815 michelle.white-ying@bb.pwc.com
Belarus Karina Khudenko +7 495 232 5418 karina.khudenko@ru.pwc.com
Belgium Nicolas de Limbourg +32 2 710 74 18 nicolas.de.limbourg@be.pwc.com
Bermuda Alistair McNeish +1 441 298 9708 alistair.s.mcneish@bm.pwc.com
Bolivia Boris Mercado +591 2 408181 boris.mercado@bo.pwc.com
Bosnia & Herzegovina Branka Rajicic +381 11 33 01 21 00 branka.rajicic@rs.pwc.com
Brazil João Lins +55 11 3674 3536 joao.lins@br.pwc.com
Bulgaria Mina Kapsazova +359 2 93 55 163 mina.kapsazova@bg.pwc.com
Cameroon Lawrence Abunaw +237 33 43 24 43 lawrence.abunaw@cm.pwc.com
Canada Michael Colvin +416 687 8237 michael.x.colvin@ca.pwc.com
Cayman Islands Chris Bailey chris.bailey@ky.pwc.com
Chad Nadine Tinen +237 77 93 71 58 nadine.tinen@cm.pwc.com
Chile Roberto Rivas +56 2 940 0000 roberto.carlos.rivas@cl.pwc.com
China Jacky Chu +86 21 2323 5509 jacky.chu@cn.pwc.com
Colombia Martha Rosa Quiñones +57 1 6340555 ext. 389 martha.rosa.quinones@co.pwc.com
Congo Lawrence Abunaw +237 77 50 83 00 lawrence.abunaw@cg.pwc.com
Costa Rica Carlos Barrantes +506 222 41555 carlos.barrantes@cr.pwc.com
Cote D'Ivoire Dominique Taty +225 20 31 54 60 d.taty@ci.pwc.com
Croatia Maja Damjanovic +385 1 6328 888 maja.damjanovic@hr.pwc.com
Cyprus Philippos Soseilos +357 22 555 000 philippos.soseilos@cy. pwc.com
Czech Republic Peter Chrenko +420 251 152 600 peter.chrenko@cz.pwc.com
Denmark Claus Hoegh-Jensen +45 39 45 33 03 claus.hoegh.jensen@dk.pwc.com
Dominican Republic Jeffrey Johnson +1 809 5677741 jeffrey.johnson@do.pwc.com
Ecuador Pablo Aguirre +593 2 3829359 pablo.aguirre@ec.pwc.com
El Salvador Carlos Morales +503 2243 5844 carlos.morales.recinos@sv.pwc.com
Equatorial Guinea Nadine Tinen +237 77 93 71 58 nadine.tinen@cm.pwc.com
Estonia Erkki Paulus +372 614 1814 erkki.paulus@ee.pwc.com
Fiji Jenny Seeto +679 331 3955 / jenny.seeto@fj.pwc.com
+679 331 5199
Finland Risto Lof +358 20 787 7811 risto.lof@fi.pwc.com
France Pascale Jouble +33 1 56 57 40 05 pascale.jouble@fr.landwellglobal.com
Gabon Christophe Relongoue +241 01 74 59 11 christophe.relongoue@ga.pwc.com
Georgia Anastasia Kipiani +995 32 250 80 66 anastasia.kipiani@ge.pwc.com
Germany Aline Kapp +49 69 9585 6469 aline.kapp@de.pwc.com
Petra Raspels +49 211 981 7680 petra.raspels@de.pwc.com
Ghana Vish Ashiagbor +233 302 761 500 vish.ashiagbor@gh.pwc.com
Gibraltar Barry Pillans +350 200 73520 barry.pillans@gi.pwc.com
Greece Polizois Sotiropoulos +30 210 687 4058 polizois.sotiropoulos@gr.pwc.com
Honduras Roberth Delgado +504 2231 1911 roberth.delgado@hn.pwc.com
Hong Kong Mandy Kwok +852 2 289 3900 mandy.kwok@hk.pwc.com
James Clemence +852 2289 1818 james.clemence@hk.pwc.com
Hungary Robert Bencze +36 1 461 9234 robert.bencze@hu.pwc.com
Iceland Jóhanna Á. Jónsdóttir +354 550 5356 johanna.a.jonsdottir@is.pwc.com
India Kuldip Kumar +91 124 330 6516 kuldip.kumar@in.pwc.com
Indonesia Laksmi Djuwita +62 21 5289 0700 laksmi.djuwita@id.pwc.com
Ireland Mark Carter +353 1 792 6548 mark.p.carter@ie.pwc.com
Alan Bigley alan.bigley@ie.pwc.com
Israel Tal Yakobbi +972 3 7954409 tal.yakobbi@il.pwc.com
Italy Paolo Lucarini +39 02 91605312 paolo.lucarini@it.pwc.com
Nicla Cimmino +39 06 57178524 nicla.cimmino@it.pwc.com
Jamaica Viveen Morrison +876 932 8336 viveen.morrison@jm.pwc.com
Japan Nasir Majid +81 3 3539 6310 nasir.majid@jp.pwc.com
Jordan Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Kazakhstan Tatyana Tsoy +7 727 330 3200 tatyana.tsoy@kz.pwc.com
Kenya Steve Okello +254 20 2855116 steve.x.okello@ke.pwc.com

Korea Younsung Chung +82 2 709 0538 younsung.chung@kr.pwc.com
Kosovo Xheni Kakariqi xheni.kakariqi@al.pwc.com
Kuwait Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Kyrgyzstan Anar Khassenova +7 727 330 3200 anar.khassenova@kz.pwc.com
Latvia Sabine Vaivere +371 67094400 sabine.vaivere@lv.pwc.com
Lebanon Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Libya Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Luxembourg Michiel Roumieux +352 494848 3055 michiel.roumieux@lu.pwc.com
Macau Cindy Lau +853 8799 5119 cindy.v.lau@hk.pwc.com
Macedonia Paul Tobin +359 2 9355 116 paul.tobin@bg.pwc.com
Malawi Ranwell Mbene +265 1 820 322 ranwell.mbene@mw.pwc.com
Malaysia Hilda Liow +60 3 21731638 hilda.liow.wun.chee@my.pwc.com
Malta David Ferry +356 2564 6712 david.ferry@mt.pwc.com
Mexico Tom Richards +52 55 52 63 6142 thomas.richards@mx.pwc.com
Middle East Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Montenegro Ivana Velickovic +381 11 3302 100 ivana.velickovic@rs.pwc.com
Morocco Arnaud Chastel +33 156578351 arnaud.chastel@fr.landwellglobal.com
Mozambique Jose Azevedo +258 21 307 620 jose.azevedo@mz.pwc.com
Netherlands Henk van Cappelle +31 88 792 6353 henk.van.cappelle@nl.pwc.com
New Zealand Steve Camage +64 9 355 8116 steve.c.camage@nz.pwc.com
Nicaragua Ignacio Perez +506 2224 1555 ignacio.perez@cr.pwc.com
Nigeria Bert Odiaka +234 9 461 3745 bert.i.odiaka@ng.pwc.com
Norway Erland Nørstebø +47 9526 0669 erland.norstebo@no.pwc.com
Oman Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Pakistan Syed Fahim ul Hasan +92 21 3242 9892 fahim.ul.hasan@pk.pwc.com
Panama Alberto Saenz +507 206 9200 alberto.x.saenz@pa.pwc.com
Papua New Guinea Lynn Walsh +675 321 1500 lynn.m.walsh@pg.pwc.com
Paraguay Rubén Taboada +595 21 418 8000 ruben.taboada@py.pwc.com
Philippines Fedna Parallag +63 2 8452728 fedna.parallag@ph.pwc.com
Poland Katarzyna Serwinska +48 22 746 4794 katarzyna.serwinska@pl.pwc.com
Portugal Ana Duarte +351 213 599 635 ana.duarte@pt.pwc.com
Puerto Rico Jose Osorio +1 787 772 8057 jose.osorio@us.pwc.com
Qatar Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Romania Horatiu Cocheci +40 21 2253678 horatiu.cocheci@ro.pwc.com
Russia Karina Khudenko +7 495 232 5418 karina.khudenko@ru.pwc.com
Saudi Arabia Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
Senegal Dominique Taty +225 20 31 54 60 d.taty@ci.pwc.com
Serbia Ivana Velickovic +381 11 3302 100 ivana.velickovic@rs.pwc.com
Singapore Sakaya Johns Rani +60 3 2173 1553 sakaya.johns.rani@my.pwc.com
Slovakia Todd Bradshaw +42 1259350600 todd.bradshaw@sk.pwc.com
South Africa Gerald Seegers +27 11 797 4560 gerald.seegers@za.pwc.com
Spain Borja Montesino-Espartero +34 915 684310 borja.montesino@es.pwc.com
Sri Lanka Lasanga Abeysuriya +93 11 4719838 lasanga.abeysuriya@lk.pwc.com
Sweden Anna-Sara Lindström +46 10 2131425 anna-sara.lindstroem@se.pwc.com
Switzerland Hans Geene +41 58 792 91 24 hans.h.geene@ch.pwc.com
Taiwan Rosamund Fan +886 2 2729 6607 rosamund.fan@tw.pwc.com
Tajikistan Anar Khassenova +7 727 330 3200 anar.khassenova@kz.pwc.com
Tanzania Judith Rovers judith.rovers@tz.pwc.com
Thailand Jiraporn Chongkamanont +66 2 344 1189 jiraporn.chongkamanont@th.pwc.com
Tunisia Mabrouk Maalaoui +216 719 6900 mabrouk.maalaoui@tn.pwc.com
Turkey Bilgutay Yasar +90 212 326 6414 bilgutay.yasar@tr.pwc.com
Turkmenistan Anar Khassenova +7 727 330 3200 anar.khassenova@kz.pwc.com
Ukraine Camiel van der Meij +380 44 354 0404 camiel.van.der.meij@ua.pwc.com
United Arab Emirates Dennis Allen +974 4419 2830 dennis.allen@qa.pwc.com
United Kingdom Alex Wilson +44 0 20 721 31128 alex.wilson@uk.pwc.com
United States Scott Olsen +1 646 471 0651 scott.n.olsen@us.pwc.com
Peter Clarke +1 203 539 3826 peter.clarke@us.pwc.com
Uruguay Joseluis Sablich +5982 9160463 1352 joseluis.sablich@uy.pwc.com
Venezuela Carmen Z Cortez +58 212 7006679 carmen.cortez@ve.pwc.com
Vietnam David Fitzgerald +84 8 3824 0116 david.fitzgerald@vn.pwc.com
Zambia Jyoti Mistry +260 1 228809 jyoti.mistry@zm.pwc.com
Zimbabwe Sima Msindo +263 4 33 8362 8 sima.msindo@zw.pwc.com

Tax Controversy and
Dispute Resolution
i i i
is a a s
i sa
a i a i si i a
a
Global Leader, Tax Controversy and Dispute Resolution

David Swenson
PwC US
+1 202 414 4650
david.swenson@us.pwc.com
By giving you insight into your company’s risks and exposures

a ross erent terr tor es an s nes we an be the
e e t e o t on to he ou ea w th ta s utes au ts
an e am nat ons rom re ent on through to management
and resolution. Our specialists also use their experience
to help businesses put in place consistent and defensible
ra t es an o es so the know what to e e t n the
uture w s ea ng a ontro ers an s ute eso ut on
network4 brings together former revenue authorities and
go ernment o fi a s a ountants e onom sts nternat ona
ta t gators an n ustr se tor s e a sts n a areas o
re t an n re t ta as we as ustoms ut es em o ment
ta es an ta rau e th nk be ng e e t e s about more
than just knowledge; it’s about having an insight into what
ou ha en ne t so we bu strong re at onsh s w th
go ernments an o makers wor w e hat wa we re
ose to the eo e who are sett ng the s ute agen a an
know how to work with them to get the right results.
enior ta b ers name PwC as their first choice rovider for ta controvers and
dis te resol tion services globall . hese res lts are based on an inde endent
s rve of 2,11 rimar b ers of ta controvers and dis te resol tion services

a ontro ers an s ute eso ut on
Albania Dan Dascalu +40 21 202 8683 dan.dascalu@david-baias.ro
Argentina Eduardo Gil Roca +54 114 850 6728 eduardo.gil.roca@ar.pwc.com
Juan Carlos Ferreiro +54 11 4850 6712 juan.carlos.ferreiro@ar.pwc.com
Armenia Nerses Nersisyan +374 1059 2174 nerses.nersisyan@am.pwc.com
Australia Michael Bersten +61 2 8266 6858 michael.bersten@au.pwc.com
Lyndon James +61 2 8266 3278 lyndon.james@au.pwc.com
Austria Herbert Greinecker +43 1 501 88 3300 herbert.greinecker@at.pwc.com
Azerbaijan Arif Guliyev +994 12 497 25 15 arif.guliyev@az.pwc.com
Belarus Zoltan Varszegi +36 1461 9506 zoltan.varszegi@hu.pwclegal.com
Belgium Patrick Boone +32 2 7104366 patrick.boone@be.pwc.com
Bosnia & Herzegonvina Dan Dascalu +40 21 202 8683 dan.dascalu@david-baias.ro
Brazil Durval Portela +55 11 3879 2800 durval.portela@br.pwc.com
Gileno Barreto +55 11 3879 2829 gileno.barreto@br.pwc.com
Bulgaria Dan Dascalu +40 21 202 8683 dan.dascalu@david-baias.ro
Canada Marc Vanasse +1 514 205 5271 marc.vanasse@ca.pwc.com
Charles Theriault +1 416 687 8262 charles.theriault@ca.pwc.com
Roberto Carlos Rivas +56 2 940 0151 roberto.carlos.rivas@cl.pwc.com
China Matthew Mui +86 10 6533 3028 matthew.mui@cn.pwc.com
Spencer Chong +86 21 2323 2580 spencer.chong@cn.pwc.com
Jane Wang +86 21 2323 2896 jane.y.wang@cn.pwc.com
Colombia Carlos Chaparro +571 6340555 ext. 216 carlos.chaparro@co.pwc.com
Angela Liliana Sanchez angela.liliana.sanchez@co.pwc.com
Croatia Dan Dascalu +40 21 202 8683 dan.dascalu@david-baias.ro
Cyprus Eftychios Eftychiou +357 22 555 277 eftychios.eftychiou@cy.pwc.com
Denmark Niels Winther-Sorensenn +45 3945 9131 niels.winther-sorensen@dk.pwc.com
Domincan Republic Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Ecuador Pablo Aguirre +59 3 2 3829351 pablo.aguirre@ec.pwc.com
Estonia Zoltan Varszegi +36 1461 9506 zoltan.varszegi@hu.pwclegal.com
Finland Eija Kuivisto +358 20 787 7876 eija.kuivisto@fi.pwc.com
France Michel Combe +33 1 5657 4586 michel.combe@pwcavocats.com
Eric Bonneaud +33 1 56 57 4133 eric.bonneaud@pwcavocats.com
Germany Andreas Kempf +49 201 438 1970 andreas.kempf@de.pwc.com
Claudia Lauten +49 211 981 5201 claudia.lauten@de.pwc.com
Gibraltar Patrick Pilcher +350 200 73520 patrick.s.pilcher@gi.pwc.com
Hungary Zoltan Varszegi +36 1461 9506 zoltan.varszegi@hu.pwclegal.com
India Kanchun Kaushal +91 124 330 6512 kanchun.kaushal@in.pwc.com
Sanjay Tolia +91 226 689 1322 sanjay.tolia@in.pwc.com
Ireland Gavan Ryle +353 1 792 8704 gavan.ryle@ie.pwc.com
Israel Ariel Schaffer +972 3 795 4942 ariel.schaffer@il.pwc.com
Italy Valentino Guarini +39 02 91605807 valentino.guarini@it.pwc.com
Carlo Romano +39 06 57127220 carlo.romano@it.pwc.com
Japan Daisuke Miyajima +81 3 5251 2552 daisuke.miyajima@jp.pwc.com
Jack Bird +81 3 5251 2577 jack.bird@jp.pwc.com
Kazakhstan Dana Tokmurzina +7 717 255 0709 dana.tokmurzina@kz.pwc.com
Kenya Elizabeth Ndiritu +254 20 285 5608 elizabeth.ndiritu@ke.pwc.com
Korea Henry An +82 2 3781 2594 henry.an@kr.pwc.com
Latvia Zoltan Varszegi +36 1461 9506 zoltan.varszegi@hu.pwclegal.com
Lithuania Zoltan Varszegi +36 1461 9506 zoltan.varszegi@hu.pwclegal.com
Luxembourg Fabienne Moquet +352 49 4848 3179 fabienne.moquet@lu.pwc.com
Macedonia Dan Dascalu +40 21 202 8683 dan.dascalu@david-baias.ro
Malaysia SM Thanneermalai +60 3 21731582 thanneermalai.somasundaram@my.pwc.com
Mauritius Razi Daureeawo +230 404 5009 razi.daureeawo@mu.pwc.com
Mexico Adolfo Calatayud +52 55 5263 8571 adolfo.calatayud@mx.pwc.com
Moldova Dan Dascalu +40 21 202 8683 dan.dascalu@david-baias.ro
Mongolia Elena Willson +7 495 232 5401 elena.willson@ru.pwc.com
Mozambique Joao Martins +258 21 307 620 joao.martins@mz.pwc.com

a ontro ers an s ute eso ut on
The Netherlands Edwin Visser +31 88 792 3611 edwin.visser@nl.pwc.com
Nigeria Taiwo Oyedele +234 12 711 700 taiwo.oyedele@ng.pwc.com
Norway Morten Beck +47 9 526 0650 morten.beck@no.pwc.com
Panama Francisco Barrios francisco.barrios@pa.pwc.com
Poland Tomasz Barańczyk +48 22 523 4852 tomasz.baranczyk@pl.pwc.com
Portugal Jaime Esteves +351 213 599 601 jaime.esteves@pt.pwc.com
Peru Arturo Tuesta +51 511 211 6500 arturo.tuesta@pe.pwc.com
Romania Dan Dascalu +40 21 202 8683 dan.dascalu@david-baias.ro
Russia Yana Proskurina +7 495 232 5757 yana.proskurina@ru.pwc.com
Rwanda Nelson Ogara +250 252 5882 03 nelson.o.ogara@rw.pwc.com
Serbia & Montenegro Dan Dascalu +4 21 202 8683 dan.dascalu@david-baias.ro
Singapore Nicole Fung +65 6236 3618 nicole.fung@sg.pwc.com
Slovakia Zoltan Varszegi +37 1461 9506 zoltan.varszegi@hu.pwclegal.com
Slovenia Dan Dascalu +4 21 202 8683 dan.dascalu@david-baias.ro
South Africa Paul De Chalain +27 11 797 4260 paul.de.chalain@za.pwc.com
Spain Antonio Puentes +34 915 684 541 antonio.puentes@es.pwc.com
Javier Gonzalez Carcedo +34 915 684 542 javier.gonzalez.carcedo@es.pwc.com
Miguel Cruz +34 915 684 609 miguel.cruz@es.pwc.com
Sweden Marcus Hammarstrand +46 31 793 1434 marcus.hammarstrand@se.pwc.com
Switzerland Benjamin Koch +41 58 792 4334 benjamin.koch@ch.pwc.com
Tanzania Joseph Lyimo +255 22 219 2613 joseph.lyimo@tz.pwc.com
Turkey Zeki Gunduz +90 212 326 6080 zeki.gunduz@tr.pwc.com
Ukraine Elena Willson +7 495 232 5401 elena.willson@ru.pwc.com
United Kingdom Stephen Morse +44 20 7212 2727 stephen.morse@uk.pwc.com
Mark Whitehouse +44 20 780 41455 m.whitehouse@pwclegal.co.uk
United States David Swenson +1 202 414 4650 david.swenson@us.pwc.com
Kevin Brown +1 202 346 5051 kevin.brown@us.pwc.com
Gary Wilcox +1 202 312 7942 gary.wilcox@us.pwc.com
Uruguay Patricia Marques +598 2 916 0463 patricia.marques@uy.pwc.com
Uzbekistan Jamshid Juraev +9 98 71 1 20 6101 jamshid.juraev@uz.pwc.com

Tax Policy and Administration
si i a s iia
is a i a
a i iss s
Global Leader, Global Leader, Global Leader,

Tax Policy and Tax Reputation Tax Regulation
Administration Mary Monfries Astrid Bauer
Stef van Weeghel PwC UK PwC Germany
PwC Netherlands +44 20 7212 7927 +49 69 9585 1292
e mary.c.monfries@uk.pwc.com astrid.bauer@de.pwc.com
stef.van.weeghel@nl.pwc.com
Our leading Tax Policy and Administration network5 provides insight into
today’s policy trends and issues worldwide. There are a number of elements
to th s wh h n u e
• he ng our ents to un erstan an om w th the r fis a an

regu ator ob gat ons n re at on to ta
• helping our clients maximise value for all stakeholders over time on the
basis of full disclosure and in compliance with our Global Tax Code of
Conduct (www.pwc.com/taxcodeofconduct be ng trans arent about our
ro e when ea ng w th stakeho ers
• us ng our know e ge an e er en e w thout be ng a b or
re resent ng ents onstru t e to ass st o makers n both
e e o e an e e o ng ountr es m ro e the e fi en an
e e t eness o the r ta s stems an
• be ng seen as a t ng a r o en an ons stent w th a stakeho ers
such that we are trusted by all parties.
or th s ur ose stakeho ers n u e as we as our ents re enue

author t es go ernments eg s ators go ernmenta e artments an the r
o fi a s non go ernmenta organ sat ons su ra nat ona bo es regu ators
the me a ro ess ona bo es an tra e asso at ons
Our specialist knowledge and expertise in these areas sits mainly with the
members of our network and tax country leaders. For assistance in tax policy
an a m n strat on matters ease o not hes tate to onta t us
enior ta b ers name PwC as their first choice rovider for ta strateg / olic advice globall .
hese res lts are based on an inde endent s rve of 2, 1 rimar b ers of ta strateg / olic advice

Tax Policy and Administration
Australia Michael Bersten +61 2 8266 6858 michael.bersten@au.pwc.com
Belgium Ine Lejeune +32 2 7107 7805 ine.lejeune@lawsquare.be
Brazil Durval Portela +55 11 3674 2522 durval.portela@br.pwc.com
Canada Peter van Dijk +1 416 687 8204 peter.van.dijk@ca.pwc.com
China Matthew Mui +86 10 6533 3028 matthew.mui@cn.pwc.com
Egypt, Arab Rep. Amr El Monayer +2 02 275 97879 amr.elmonayer@eg.pwc.com
France Philippe Durand +33 1 5657 4302 philippe.durand@pwcavocats.com
France Thierry Morgant +33 1 5657 4988 thierry.morgant@pwcavocats.com
Germany Jürgen Lüdicke +49 40 6378 8423 juergen.luedicke@de.pwc.com
Greece Mary Psylla +30 210 6874 543 mary.psylla@gr.pwc.com
Hungary Tamás Lőcsei +36 1 461 9358 tamas.locsei@hu.pwc.com
India Vijay Mathur +91 124 330 6511 vijay.mathur@in.pwc.com
Ireland Feargal O'Rourke +353 1 792 6480 feargal.orourke@ie.pwc.com
Italy Fabrizio Acerbis +39 02 9160 5001 fabrizio.acerbis@it.pwc.com
Japan Akemi Kitou +81 3 5251 2461 akemi.kitou@jp.pwc.com
Kazakhstan Michael Ahern +7 727 330 3200 michael.ahern@kz.pwc.com
Luxembourg Wim Piot +352 49 4848 3052 wim.piot@lu.pwc.com
Malaysia Aurobindo Ponniah +60 3 2173 3771 aurobindho.ponniah@my.pwc.com
Mexico Pedro Careon +55 5263 6068 pedro.careon@mx.pwc.com
Netherlands Edwin Visser +31 88 792 3611 edwin.visser@nl.pwc.com
Marc Diepstraten +31 88 792 6358 marc.diepstraten@nl.pwc.com
Stef van Weeghel +31 88 792 6763 stef.van.weeghel@nl.pwc.com
Nigeria Taiwo Oyedele +234 1 271 1700 ext. 6103 taiwo.oyedele@ng.pwc.com
Papua New Guinea Peter Burnie +381 11 3302 138 peter.r.burnie@pg.pwc.com
Poland Katarzyna Czarnecka-Zochowska +48 22 523 4843 katarzyna.czarnecka-zochowska@pl.pwc.com
Russia Andrey Kolchin +7 495 967 6197 andrey.kolchin@ru.pwc.com
Singapore Paul Lau +65 6236 3733 paul.st.lau@sg.pwc.com
South Africa Kyle Mandy +27 11 797 4977 kyle.mandy@za.pwc.com
South Korea Alex Joong-Hyun Lee +82 2 709 0598 alex.joong-hyun.lee@kr.pwc.com
Spain José Félix Gálvez +34 915 684 530 jose.felix.galvez@es.pwc.com
Sweden Ingrid Melbi +46 10 213 3788 ingrid.melbi@se.pwc.com
Switzerland Andreas Staubli +41 58 792 4472 andreas.staubli@ch.pwc.com
United Kingdom Aamer Rafiq +44 207 212 8830 aamer.rafiq@uk.pwc.com
Alex Henderson +44 207 804 6370 alex.henderson@uk.pwc.com
Mary Monfries +44 207 212 7927 mary.c.monfries@uk.pwc.com
Phil Greenfield +44 207 212 6047 philip.greenfield@uk.pwc.com
Stella Amiss +44 207 212 3005 stella.c.amiss@uk.pwc.com
United States Mike Danilack +1 202 414 4504 mike.danilack@pwc.com
Pam Olson +1 202 414 1401 pam.olson@pwc.com
Peter Merrill +1 202 414 1666 peter.merrill@pwc.com

Tax Reporting and Strategy
si a ia s a
a s a i a a s
si ss a s
Global Leader, Tax Reporting and Strategy

ark Scho eld
PwC UK
+44 207 212 2527
mark s hofie uk w om
n a ast hang ng wor we re he ng ents bu a ta un t on

for the future. Our complete approach to tax management
br ngs together ta un t on es gn te hno og an om an e
delivery. By aligning your tax and tax technology strategies with
our ommer a goa s the ta un t on w be ome a strateg
bus ness asset a ng a ue a ross the organ sat on
n erstan ng our organ sat on s ha enges goa s an nee s s

ust the start u ess u hange w re u re re eng neer ng en
to en ro esses not ust the fina out uts
e an work w th ou to
• eet the ha enges o om e mu t ta re ort ng an

compliance obligations.
• es gn an e e ute the r ght ta an ta te hno og strateg es
to manage tax risks in a rapidly changing and increasingly
transparent global environment.
• Take full advantage of the opportunities presented by a
technology and data-enabled world.

a e ort ng an trateg
Africa Central Nadine Tinen +237 233 43 24 43/44/45 nadine.tinen@cm.pwc.com
Afghanistan Rashid Ibrahim +92 51 220 6401 rashid.ibrahim@pk.pwc.com
Algeria Nicolas Granier +213 21 48 4183 nicolas.granier@fr.landwellglobal.com
Angola Paula G Boica +244 227 286 109 paula.g.boica@ao.pwc.com
Antigua and Barbuda Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Argentina Daniel Cravino +54 11 4850 6000 daniel.h.cravino@ar.pwc.com
Australia Derek Ivers +61 2 8266 8451 derek.ivers@au.pwc.com
Austria Christine Weinzierl +43 1 501 88 3630 christine.weinzierl@at.pwc.com
Azerbaijan Movlan Pashayev +994 12 497 7405 movlan.pashayev@at.pwc.com
Bahrain Ken Healy +973 1711 8886 ken.a.healy@bh.pwc.com
Bangladesh Sushmita Basu +91 33 4404 3089 sushmita.basu@in.pwc.com
Belarus Eugenia Chetverikova +375 17 335 4000 eugenia.chetverikova@by.pwc.com
Belgium Philippe Vyncke +32 9 268 8303 philippe.vyncke@be.pwc.com
Benin Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Bolivia Cesar Lora +591 721 47235 cesar.Lora@bo.pwc.com
Bosnia and Herzegovina Olivera Mihailovic +38164820 3804 olivera.mihailovic@rs.pwc.com
Botwsana Butler Phirie +267 395 2011 butler.phirie@bw.pwc.com
Brazil Manuel Marinho +55 11 3674 3404 manuel.marinho@br.pwc.com
Bulgaria Paul Tobin +359 2 935 5116 paul.tobin@bg.pwc.com
Burkina Faso Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Cambodia Heng Thy +855 23 218 086 ext. 1502 heng.thy@kh.pwc.com
Camaroon Nadine Tinen +237 99 96 2202 nadine.tinen@cm.pwc.com
Canada John Gotts +1 905 815 6398 john.gotts@ca.pwc.com
Cape Verde Leendert Verschoor +351 212 599 642 leendert.verschoor@pt.pwc.com
Channel Islands Wendy Dorman +44 153 483 8233 wendy.dorman@je.pwc.com
Chile Claudia Valenzuela +56 2940 0000 claudia.valenzuela@cl.pwc.com
China, People’s Republic of Matthew Wong +86 21 2323 3052 matthew.mf.wong@cn.pwc.com
Colombia Maria Helena Diaz +57 1 635 1125 maria_helena.diaz@co.pwc.com
Comoros Andriamisa Ravelomanana +261 20 22 21763 andriamisa.ravelomanana@mg.pwc.com
Congo, The Democratic Prosper Bizitou +243 810 33 6801 prosper.bizitou@cg.pwc.com
Republic of the
Costa Rica Ramon Ortega +1 8095677741 ramon.ortega@do.pwc.com
Croatia Martina Butkovic +38516448477 martina.butkovic@hr.pwc.com
Cyprus Theo Parperis +357 22 555 477 theo.parperis@cy.pwc.com
Czech Republic Zuzana Vaneckova +420 25 115 2800 Zuzana.vaneckova@cz.pwc.com
Denmark Charlotte Dohm +45 3945 9428 charlotte.dohm@dk.pwc.com
Dominican Republic Ramon Ortega +1 809 567 7741 ext. 2348 ramon.ortega@do.pwc.com
Ecuador Pablo Aguirre +593 2382 9350 ext. 351 pablo.aguirre@ec.pwc.com
Egypt Ahmed Osama +202 2 2759 7700 ahmed.osama@eg.pwc.com
El Salvador Ramon Ortega +1 8095677741 ramon.ortega@do.pwc.com
Equatorial Guinea Sébastien Lechêne +240 333 091434 sebastien.lechene@ga.pwc.com
Estonia Erkki Paulus +3726141814 erkki.paulus@ee.pwc.com
Ethiopia Steve Okello +254 20 285 5116 steve.okello@ke.pwc.com
Fiji Jerome Kado +679 331 3955 jerome.kado@fj.pwc.com
Finland Iain McCarthy +358 20 787 7975 iain.mccarthy@fi.pwc.com
France Thierry Morgant +33 1 5657 4988 thierry.morgant@fr.landwellglobal.com
Gabon Christophe Relongoue +241 76 2371/618 christophe.relongoue@ga.pwc.com
Georgia Robin McCone +995 32 250 8050 robin.mccone@ge.pwc.com
Germany Carsten Rössel +49 211 981 7141 carsten.roessel@de.pwc.com
Gibraltar Patrick Pilcher +350 200 73520 patrick.s.pilcher@gi.pwc.com
Greece Theodore Touzios +30 2108114225 theodore.touzios@gr.pwc.com
Guatemala Ramon Ortega +1 8095677741 ramon.ortega@do.pwc.com
Guinea Bissau Leendert Verschoor +351 212 599 642 leendert.verschoor@pt.pwc.com
Honduras Ramon Ortega +1 8095677741 ramon.ortega@do.pwc.com
Hong Kong Suzanne Wat +852 2289 3002 suzanne.wat@hk.pwc.com
Hungary David Williams +36 1 461 9354 david.williams@hu.pwc.com
Iceland Sighvatur Halldorsson +354 550-5372 sighvatur.halldorsson@is.pwc.com
India Pallavi Singhal +91 80 4079 6032 pallavi.singhal@in.pwc.com
Indonesia Ali Widodo +62 21 528 90623 ali.widodo@id.pwc.com
Iraq Stephan Stephan +962 6 500 1300 stephan.stephan@jo.pwc.com

Ireland James McNally +353 1 792 6844 james.o.mcnally@ie.pwc.com
Italy Marco Meulepas +39 02 9160 5501 marco.meulepas@it.pwc.com
Ivory Coast (Côte d’Ivoire) Dominique Taty +225 20 31 5460 d.taty@ci.pwc.com
Jamaica Brian Denning +1 876 932 8423 brian.denning@jm.pwc.com
Japan Masanori Kato +81 3 5251 2536 masanori.kato@jp.pwc.com
Kazakhstan Elena Kaeva +7 727 330 3200 elena.kaeva@kz.pwc.com
Kenya Steve Okello +254 20 2855 116 steve.x.okello@ke.pwc.com
Kosovo Loreta Peci +355 4 2242 254 loreta.peci@al.pwc.com
Korea, Republic of Alex Joong-Hyun Lee +82 2 709 0598 alex.joong-hyun.lee@kr.pwc.com
Kuwait Sherif Shawki +965 22275777 sherif.shawki@kwt.pwc.com
Latvia Inga Jubele +371 6709 4400 inga.jubele@lv.pwc.com
Lebanon Roger Akl +961 5 428600 ext 1681 roger.akl@lb.pwc.com
Lesotho Hennie Smit +27 51 503 4205 hennie.smit@za.pwc.com
Liberia Robert Smallwood +231 888 999 555 robert.smallwood@lr.pwc.com
Libya Husam Elnaili +218 21 360 9830/32 ext. 113 husam.elnaili@ly.pwc.com
Lithuania Giedre Cater +370 5 254 6934 giedre.cater@lt.pwc.com
Luxembourg Luc Trivaudey +352 49 4848 5055 luc.trivaudey@lu.pwc.com
Macedonia Georgi Markov +359 2 9355 116 georgi.markov@mk.pwc.com
Madagascar Andriamisa Ravelomanana +261 20 222 1763 andriamisa.ravelomanana@mg.pwc.com
Malawi Vyamala Moyo +265 1 82 0322 / 446 vyamala.moyo@mw.pwc.com
Malaysia Heather Khoo +603 2173 1636 heather.khoo@my.pwc.com
Mali Dominique Taty +225 20 31 5460 d.taty@ci.pwc.com
Malta Mirko Rapa +356 2564 6738 mirko.rapa@mt.pwc.com
Mauritania Dominique Taty +225 20 31 5460 d.taty@ci.pwc.com
Meekong Thavorn Rujivanarom +66 2 344 1444 thavorn.rujivanarom@th.pwc.com
Mexico Angel Espinosa +52 55 5263 8525 angel.espinosa@mx.pwc.com
Moldova Mariana Barbu +40212253714 mariana.barbu@ro.pwc.com
Mongolia Matthew Pottle +976 11 329 088 matthew.f.pottle@mn.pwc.com
Montenegro Branka Rajicic +381113302117 branka.rajicic@rs.pwc.com
Mozambique Joao Martins +258 21 307 620 joao.l.martins@mz.pwc.com
Netherlands Lars Wagemans +31 88 792 3826 lars.wagemans@nl.pwc.com
New Zealand Vincent Sue +64 4 462 7332 vincent.sue@nz.pwc.com
Nicaragua Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Niger Dominique Taty +225 2031 5467 d.taty@ci.pwc.com
Nigeria Peter de Ruiter +234 805 611 2638 Peter.deRuiter@ng.pwc.com
Norway Lars Helge Aasen +47 95 26 0274 lars.helge.aasen@no.pwc.com
Oman Gaurav Kapoor +968 2455 9180 gaurav.x.kapoor@om.pwc.com
Pakistan Rashid Ibrahim +92 51 220 6401 rashid.ibrahim@pk.pwc.com
Paraguay Gabriel Gonzalez +598 2 916 0463 gonzalez.gabriel@uy.pwc.com
Peru John Casas +511 211 6500 ext. 8046 john.casas@pe.pwc.com
Philippines Fedna Parallag +63 2 459 3109 fedna.parallag@ph.pwc.com
Poland Jan Waclawek +48 22 746 4898 jan.waclawek@pl.pwc.com
Portugal Paulo Fernando Ribeiro +351 213 599 513 paulo.fernando.ribeiro@pt.pwc.com
Puerto Rico Victor R. Rodriguez +1 787 772 7958 victor.r.rodrigues@us.pwc.com
Qatar Upuli Kasthuriarachichi +974 44192807 upuli.x.kasthuriarachchi@qa.pwc.com
Romania Mariana Barbu +40 21 225 3714 mariana.barbu@ro.pwc.com
Russian Ekaterina Ryabova +74 959 676 438 ekaterina.ryabova@ru.pwc.com
Saint Kitts and Nevis Gloria Eduardo +1 246 626 6753 gloria.eduardo@bb.pwc.com
Serbia Branka Rajicic +38 11 1330 2117 branka.rajicic@rs.pwc.com
Sierra Leone George Kwatia +233 302 761 489 george.kwatia@gh.pwc.com
Singapore Paul Cornelius +65 6236 3718 paul.cornelius@sg.pwc.com
Slovak Republic Todd Bradshaw +421 2 5935 0600 todd.bradshaw@sk.pwc.com
Slovenia Miroslav Marchev +386 1 5836 058 miroslav.marchev@si.pwc.com
South Africa Louis le Grange +27 11 797 4263 louis.le.grange@za.pwc.com
Spain Santiago Barrenechea +34 915 684 406 santiago.barrenechea@es.pwc.com
Sri Lanka Hiranthi Ratnayake +94 11 771 9838 hiranthi.c.ratnayake@lk.pwc.com

Sweden Kim Jokinen +46 10 212 4908 kim.jokinen@se.pwc.com
Switzerland Erik Steiger +41 58 792 5940 erik.steiger@ch.pwc.com
Taiwan Jason Hsu +886 2 2729 5212 jason.c.hsu@tw.pwc.com
Tanzania Zukra Ally +255 22 2192000 zukra.ally@tz.pwc.com
Thailand Prapasiri Kositthanakorn +66 2 344 1228 prapasiri.kositthanakorn@th.pwc.com
Togo Dominique Taty +225 20 31 5467 d.taty@ci.pwc.com
Tunisia Mabrouk Maalaouil +216 71 862 156 mabrouk.maalaouil@tn.pwc.com
Turkey Ayse Isim +90 212 355 5812 ayse.b.isim@tr.pwc.com
Ukraine Yaroslav Guseynov +380 44 490 6777 yaroslav.guseynov@ua.pwc.com
United Arab Emirates Khurram Naseem +380444906777 khurram.naseem@ae.pwc.com
United Kingdom Mark Schofield +44 20 721 22527 mark.schofield@uk.pwc.com
United States Andy Ruggles +1 313 394 6183 andy.ruggles@us.pwc.com
Uruguay Gabriel González +598 2 916 0463 gonzalez.gabriel@uy.pwc.com
Uzbekistan Alisher Zufavor +998 71 120 6101 alisher.zufarov@uz.pwc.com
Venezuela Elys Aray +58 241 8252 361 elys.aray@ve.pwc.com
Vietnam Christopher Marjoram +84 8 3824 0118 christopher.marjoram@vn.pwc.com
West Bank and Gaza Ibraheem F Egbaria +972 2 5326660 ibraheem.f.egbaria@ps.pwc.com
Zambia Jyoti Mistry +260 211 334 000 jyoti.mistry@zm.pwc.com
Zimbabwe Manuel Lopes +263 4 33 8362-8 manuel.lopes@zw.pwc.com

Transfer Pricing
si i i
ai i
a i i sa
Global Leader, Transfer Pricing

Isabel Verlinden
PwC Belgium
+32 2 710 4422
isabel.verlinden@be.pwc.com
th o er trans er r ng ro ess ona s n u ng

more than artners a ross ountr es we
are the world’s leading transfer pricing adviser6. Our
professionals come from diverse backgrounds – including
aw e onom s bus ness a ount ng eng neer ng an
go ernment to ro e ba an e nter s nar
perspectives.
We adopt globally coordinated approaches with in-depth

local knowledge to provide tailored transfer pricing
so ut ons rom strateg to e e ut on we he ou bu
up seamlessly compliant and sustainable transfer pricing
infrastructure. Our technology solutions are proven to help
you decrease the time spent on manual processes across
the ent re finan e organ at on m t gate enter r se r sk
and enhance operational tax productivity.
With the international tax evolution around various

g oba ta n t at es we ose mon tor ta e e o ments
around the world to provide practical insight to you.
6
enior ta b ers name PwC as their first choice rovider for transfer ricing services globall .
hese res lts are based on an inde endent s rve of 2, 61 rimar b ers of transfer ricing ta
services globall , cond cted b research agenc igsaw esearch 1 201 .

Transfer Pricing
Albania Loreta Peci +355 42290720 loreta.peci@al.pwc.com
Argentina Juan Carlos Ferreiro +54 11 4850 6712 juan.carlos.ferreiro@ar.pwc.com
Australia Nick Houseman +612 8266 4647 nick.p.houseman@au.pwc.com
Austria Herbert Greinecker +43 1 501 88 3300 herbert.greinecker@at.pwc.com
Azerbaijan Movlan Pashayev +994 124972515 m.pashayev@az.pwc.com
Bahrain Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Belgium Xavier Van Vlem +32 9 268 83 11 xavier.van.vlem@be.pwc.com
Bosnia/Herzegovina Mubera Brkovic +387 33295336 mubera.brkovic@ba.pwc.com
Brazil Cristina Medeiros +55 11 3674 3818 cristina.medeiros@br.pwc.com
Bulgaria Irina Tsvetkova +359 2 935 5126 irina.tsvetkova@bg.pwc.com
Cameroon Nadine Tinen +237 33 43 24 43 nadine.tinen@cm.pwc.com
Canada Gord Jans +416 815 5198 gordon.r.jans@ca.pwc.com
Chile Roberto Rivas +56 2 940 0000 roberto.carlos.rivas@cl.pwc.com
China Jeff Yuan +86 21 2323 3495 jeff.yuan@cn.pwc.com
Colombia Carlos Lafaurie +57 1 6340555 ext. 404 / 327 carlos_mario.lafaurie@co.pwc.com
Costa Rica Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Croatia Lana Brlek +386 1 5836 058 lana.brlek@hr.pwc.com
Cyprus Ioanna Stylianidou +357 2 2555 000 ioanna.stylianidou@cy.pwc.com
Czech Republic Natalia Pryhoda +420 25115 2647 natalia.pryhoda@cz.pwc.com
Denmark Thomas Bjerre +43 3 945 3824 thomas.bjerre@dk.pwc.com
Dominican Republic Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Ecuador Pablo Aguirre +593 2 382 9350 ext. 361 pablo.aguirre@ec.pwc.com
Egypt Abdallah Eladly +20 2 2759 7700 ext. 7887 abdallah.eladly@eg.pwc.com
El Salvador Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Equatorial Guinea Sébastien Lechêne +240 09 1434 sebastien.lechene@ga.pwc.com
Estonia Hannes Lentsius +372 6141 800 hannes.lentsius@ee.pwc.com
Finland Sari Takalo +358 9 2280 1262 sari.takalo@fi.pwc.com
France Pierre Escaut +33 1 5657 4295 pierre.escaut@fr.landwellglobal.com
Georgia Robin McCone +995 32 250 80 50 robin.mccone@ge.pwc.com
Germany Lorenz Bernhardt +49 30 2636 5204 lorenz.bernhardt@de.pwc.com
Greece Agis Moschovakos +30 210 6874544 agis.moschovakos@gr.pwc.com
Guatemala Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Honduras Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Hong Kong Cecilia Lee +852 2289 5690 cecilia.sk.lee@hk.pwc.com
Hungary Anita Mekler +36 1 461 9372 mekler.anita@hu.pwc.com
Iceland Jon Ingibergsson +354 550 5342 jon.i.ingibergsson@is.pwc.com
India Sanjay Tolia +91 22 6689 1322 sanjay.tolia@in.pwc.com
Indonesia Ay Phan +62 21 5289 0658 ay.tjhing.phan@id.pwc.com
Iraq Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Ireland Gavan Ryle +353 1 792 8704 gavan.ryle@ie.pwc.com
Israel Vered Kirshner +972 3 7954510 vered.kirshner@il.pwc.com
Italy Gianni Colucci +39 02 9160 5500 gianni.colucci@it.pwc.com
Ivory Coast Dominique Taty +225 20 31 54 00 d.taty@ci.pwc.com
Jamaica Brian Denning +1 876 932 8423 brian.denning@jm.pwc.com
Japan Daisuke Miyajima +81 03 5251 2552 daisuke.miyajima@jp.pwc.com
Jordan Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Kazakhstan Mike Ahern +7 727 330 3200 michael.ahern@kz.pwc.com
Kenya Titus Mukora +254 20 285 5395 titus.mukora@ke.pwc.com
Korea, Republic of Henry An +82 2 3781 2594 henry.an@kr.pwc.com
Kuwait Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Latvia Pavel Sarghi +40 21 225 3250 pavel.x.sarghi@lv.pwc.com
Lebanon Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Libya Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Lithuania Nerijus Nedzinskas +370 5 239 2350 nerijus.nedzinskas@lt.pwc.com
Luxembourg Loek Preter +35 2 49 4848 2023 loek.de.preter@lu.pwc.com
Macedonia Miroslav Marchev +38 9 2314 0908 miroslav.marchev@mk.pwc.com
Madagascar Andriamisa Ravelomanana +261 20 22 217 63 andriamisa.ravelomanana@mg.pwc.com
Malaysia Jagdev Singh +60 3 21731469 jagdev.singh@my.pwc.com
Mexico Raúl Angel Sicilia +52 33 3648 1014 raul.angel.sicilia@mx.pwc.com
Mongolia Tsendmaa Choijamts +976 70009089 tsendmaa.choijamts@mn.pwc.com

Transfer Pricing
Namibia Chantell Husselmann +264 61 284 1327 chantell.husselmann@na.pwc.com
Netherlands Gaby Bes +31 88 792 4144 gaby.bes@nl.pwc.com
New Zealand Erin Venter +64 9 355 8862 erin.l.venter@nz.pwc.com
Nicaragua Ramon Ortega +1 809 567 7741 ramon.ortega@do.pwc.com
Nigeria Seun Adu +234 9 291 9302 seun.y.adu@ng.pwc.com
Norway Morten Beck +47 95 26 06 50 morten.beck@no.pwc.com
Oman, Sultanate of Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Pakistan Asif Haroon +92 21 3242 6682 - 5 asif.haroon@pk.pwc.com
Palestinian Territories Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Peru Miguel Puga +51 1 211 6500 ext. 8006 miguel.puga@pe.pwc.com
Philippines Carlos Carado +63 2 459 2020 carlos.t.carado@ph.pwc.com
Poland Piotr Wiewiorka +48 22 746 4645 piotr.wiewiorka@pl.pwc.com
Portugal Leendert Verschoor +351 213 599 631 leendert.verschoor@pt.pwc.com
Qatar Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
Romania Daniela Dinu +40 21 225 3749 daniela.dinu@ro.pwc.com
Russian Federation Andrey Kolchin +7 495 967 6197 andrey.kolchin@ru.pwc.com
Saudi Arabia, Kingdom Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
of
Serbia Branka Rajicic +381 113302117 branka.rajicic@rs.pwc.com
Singapore Nicole Fung +65 6236 3618 nicole.fung@sg.pwc.com
Slovak Republic Christiana Serugova +421 25 935 0614 christiana.serugova@sk.pwc.com
Slovenia Miroslav Marchev +389 2 3140 908 miroslav.marchev@mk.pwc.com
South Africa David Lermer +27 21 529 2364 david.lermer@za.pwc.com
Spain Javier Carcedo +34 91 568 4542 javier.gonzalez.carcedo@es.pwc.com
Sri Lanka Hiranthi Ratnayake +94 11 4719838 hiranthi.c.ratnayake@lk.pwc.com
Sweden Pär Wiséen +46 8 55 533 295 paer.magnus.wiseen@se.pwc.com
Switzerland Benjamin Koch +41 58 792 4334 benjamin.koch@ch.pwc.com
Taiwan Lily Hsu +886 2 2729 6207 lily.hsu@tw.pwc.com
Taiwan, Province of Titus Mukora +254 20 285 5395 titus.mukora@ke.pwc.com
China
Thailand Peerapat Poshyanonda +66 2 344 1220 peerapat.poshyanonda@th.pwc.com
Turkey Ozlem Alioglu +90 212 326 64 62 ozlem.guc@tr.pwc.com
Uganda Francis Kamulegeya +256 414 236018 francis.kamulegeya@ug.pwc.com
Ukraine Olga Trifonova +380 44490 6777 olga.trifonova@ua.pwc.com
United Arab Emirates Mohamed Serokh +971 4 304 3956 mohamed.serokh@ae.pwc.com
United Kingdom Andrew Casley +44 207 213 3685 andrew.j.casley@uk.pwc.com
United States Horacio Pena +1 646 471 1957 horacio.pena@us.pwc.com
Uruguay Daniel Garcia +598 2 916 0463 garcia.daniel@uy.pwc.com
Uzbekistan Jamshid Juraev +998 71 120 6101 jamshid.juraev@uz.pwc.com
Venezuela, Bolivarian Elys Aray +58 212 700 6627 elys.aray@ve.pwc.com
Republic of
Vietnam Monika Mindszenti +84 8 3823 0796 monika.mindszenti@vn.pwc.com
Zambia Jyoti Mistry +260 97 7740641 jyoti.mistry@zm.pwc.com
Zimbabwe Manuel Lopes +263 4 33 8362-8 manuel.lopes@zw.pwc.com

Value Chain Transformation
a i s s ai a
si ss a
Global Leader, Value Chain Transformation

Dennis Muntslag
PwC Netherlands
+31 0 887 927 282
dennis.muntslag@nl.pwc.com
om an es nee to trans orm how the o erate wh e

creating the capacity to grow. PwC’s Value Chain
Transformation (VCT) integrates our capabilities to
evaluate company operating models to unlock levers that
r e susta ne er orman e e t e an g oba a gne
o erat ng finan a ega an ta at orms an resu t n
susta nab e benefits
VCT helps you to align and optimise key elements to

m ro e rofitab t e fi en ontro s an sb t
throughout the value chain. Our deep industry experience
in key sectors and our international network of 500
cross-disciplinary VCT specialists allows us to manage
the complexity involved in cross-border business
transformation and help clients build the foundation for
sustainable growth.

Value Chain Transformation
Australia Pete Calleja +612 8266 8837 pete.calleja@pwc.com
Ben Gilbertson ben.gilbertson@pwc.com
Ben Lannan +61 7 3257 8404 ben.lannan@pwc.com
Belgium Isabel Verlinden +32 2 710 44 22 isabel.verlinden@be.pwc.com
Steven Vermeylen +32 2 7109405 steven.vermeylen@be.pwc.com
Brazil Philippe Jeffrey +55 11 3674 2271 philippe.jeffrey@br.pwc.com
Canada Gord Jans +1 905 897 4527 gordon.r.jans@ca.pwc.com
China, Peoples Republic of Jenny Chong +86 21 2323 3219 j.chong@cn.pwc.com
Denmark Jørgen Juul Andersen +45 3945 9434 jorgen.juul.andersen@dk.pwc.com
Finland Martti Virolainen +358 9 2280 1396 martti.virolainen@fi.pwc.com
France Xavier Sotillos Jaime +33 156574342 xavier.sotillos.jaime@pwcavocats.com
Germany Volker Booten +49 30 2636 5217 volker.booten@de.pwc.com
Yves Hervé +49 69 9585 6188 yves.herve@de.pwc.com
Hans Kuhn +49 89 5790 5873 hans.kuehn@de.pwc.com
Peter Heckmann +49 211 3890 122 peter.heckmann@strategyand.pwc.com
Hong Kong Joyce Law +852 2289 5621 joyce.cy.law@hk.pwc.com
India Rakesh Mishra +91 80 4079 6250 rakesh.mishra@in.pwc.com
Ireland Ronan Finn +353 1 792 6105 ronan.finn@ie.pwc.com
Italy Alessandro Caridi +390 2 9160 5003 alessandro.caridi@it.pwc.com
Japan Howard H Osawa howard.h.osawa@jp.pwc.com
Korea, Republic of Alex Joong-Hyun Lee +82 2 709 0598 alex.joong-hyun.lee@kr.pwc.com
Luxembourg Gerard Cops +352 49 4848 2032 gerard.cops@lu.pwc.com
Macau Steven Tseng +86 21 2323 2766 steven.tseng@cn.pwc.com
Malaysia Jagdev Singh +60 3 2173 1469 jagdev.singh@my.pwc.com
Mexico Adriana Rodriguez +52 55 5263 8527 adriana.rodriguez@mx.pwc.com
Netherlands Marc Diepstraten +31 8879 26358 marc.diepstraten@nl.pwc.com
Dennis Muntslag +31 88 792 72 82 dennis.muntslag@nl.pwc.com
Jaap-Willem Bijsterbosch +31 887922904 jaap-willem.bijsterbosch@nl.pwc.com
Russian Federation Mikhail Filinov +7 495 967 6041 mikhail.filinov@ru.pwc.com
Singapore Andrew Fairfoull +65 6236 3688 chris.woo@sg.pwc.com
Alan HC Huang +44 207 804 6884 andrew.fairfoull@uk.pwc.com
Spain Javier Gonzalez Carcedo +34 915 684 542 javier.gonzalez.carcedo@es.pwc.com
Sweden Mika Myllynen +46 10 213 3876 mika.myllynen@se.pwc.com
Switzerland Carl Bellingham +41 58 792 8129 carl.bellingham@ch.pwc.com
Taiwan Paulson Tseng +886 2 2729 6666/5809 elaine.hsieh@tw.pwc.com
Thailand Peerapat Poshyanonda +66 2 344 1220 peerapat.poshyanonda@th.pwc.com
United Kingdom Ian Dykes +44 121 265 5968 ian.dykes@uk.pwc.com
Alenka Turnsek +44 20 77 35045 alenka.turnsek@uk.pwc.com
Mohi Khan +44 0 20 721 31698 mohi.khan@uk.pwc.com
United States John Ranke +1 312 298 3508 john.m.ranke@us.pwc.com
Thomas Quinn +1 312 298 2733 thomas.f.quinn@us.pwc.com
Alex Voloshko +1 617 530 4512 alex.voloshko@us.pwc.com
Horacio Pena +1 646 471 1957 horacio.pena@us.pwc.com
Steven Tseng +1 646 471 8285 steven.s.tseng@us.pwc.com

Global Tax Industry Leaders
Consumer, Industrial Products and Services
Michael Burak
PwC US
+1 973 236 4459
michael.burak@us.pwc.com
Automotive Health & Pharmaceuticals

Alexander Unfried Erik Bouwman
PwC Germany PwC Netherlands
+49 711 25034 3216 +31 88 792 63 22
alexander.unfried@de.pwc.com erik.bouwman@nl.pwc.com
Energy, Utilities & Mining Retail & Consumer Goods

James Koch Harry Doornbosch
PwC US PwC Netherlands
+1 713 356 4626 +31 6 22515722
james.koch@us.pwc.com harry.doornbosch@nl.pwc.com
Financial Services
William Taggart
PwC US
+1 646 471 2780
william.taggart@us.pwc.com
Banking & Capital Markets Real Estate

Joe Foy Uwe Stoschek
PwC US PwC Germany
+1 646 471 8628 +49 30 26 36 5286
joseph.foy@us.pwc.com uwe.stoschek@de.pwc.com
Insurance Sovereign Wealth Funds

Colin Graham Oscar Teunissen
PwC UK PwC US
+44 20 7213 5449 +1 646 471 3223
colin.graham@uk.pwc.com oscar.teunissen@us.pwc.com
Asset Management and PE

William Taggart
PwC US
+1 646 471 2780
william.taggart@us.pwc.com
Technology, Information, Communications, & Entertainment Media

Brad Silver
PwC US
+1 646 471 0696
brad.silver@us.pwc.com
Communications Entertainment & Media

Joel Walters Christ Economos
PwC US PwC US
+1 202 414 4323 +1 646 471 0612
joel.walters@us.pwc.com christ.h.economos@us.pwc.com

Worldwide Tax Summaries
Editorial Team
Worldwide Tax Summaries Operations Director and Executive Editor

Chris Wooley
PwC US
+1 813 222 7097
christopher.j.wooley@us.pwc.com
Director, Global Tax Knowledge Management

Jim Calderon
PwC US
+1 202 414 1612
james.d.calderon@us.pwc.com
i a a i s a a s represents the
combined efforts of more than 500 local PwC tax specialists in over 150
ountr es an terr tor es h e too numerous to name n ua we thank
them for their efforts in preparing this guide.
To obtain regularly updated information on the corporate and individual

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Summaries Online at a s a i s.
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ease s t a s a i s .
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o onta t the e tor a team ease ema us at

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The world’s taxes
at your fingertips
If you are responsible for managing Written by local PwC1 tax specialists in
taxes in a business that trades or each country, this guide covers recent
operates across a number of different changes in tax legislation as well as
countries, you will recognise how key information about income taxes,
much of a challenge it can be trying residency, income determination,
to keep on top of the corporate tax deductions, group taxation, credits
rates and rules in each of them, and incentives, withholding taxes,
notwithstanding the fact that these indirect taxes, and tax administration,
frequently change. up to date (unless otherwise stated)
as of 1 June 2016. Also included is
Worldwide Tax Summaries – Corporate a global directory of PwC contacts
Taxes 2016/17 is a useful reference organised by their tax speciality area.
tool, to help you manage taxes around
the world. It offers quick access to Visit our mobile friendly online
information about corporate tax version, which is updated regularly
systems in 155 countries worldwide, throughout the year, at www.pwc.com/
in an easily digestible format. taxsummaries.
1
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Welcome to the 2016/17 edition of Worldwide Tax Summaries

Our online version of the summaries is

Foreword...............................................1 Global Tax Contacts .................... 409

2 Contents PwC Worldwide Tax Summaries

Signifi ant de elopments

here s a urther ro osa to a a erte rofits a e e t e rom

A number of transparency measures are now in effect in Australia, including the

to be formally applied in making an assessment of Australia’s national interest, a key

Taxes on orporate in ome

ermanent establis ment E

Broadly, under Australia’s domestic law, a PE is a place at or through which a person

5 Australia PwC Worldwide Tax Summaries

mentioned person and either of those persons participates in the management,

ost s onta n a efin t on o that s s m ar though not ent a to the

oo w th some s gn fi ant e e t ons e orts most hea th me a an e u at ona

ea th nsuran e s ree e nsuran e s n ut ta e enera nsuran e s ta e

Wine e ualisation tax WET

Luxury car tax

• Beer not exceeding 3% by volume of alcohol packaged in an individual container not

ringe benefits tax BT

7 Australia PwC Worldwide Tax Summaries

Superannuation guarantee levy

he urrent su erannuat on guarantee er entage s an w rema n so unt

No level of Australian government imposes a social security levy.

etroleum esour e ent Tax T

he ta ab e rofit o a ro e t s a u ate as o ows

a ab e rofit ssessab e re e ts e u tbee en ture

Deductible expenditure broadly includes exploration expenditure, all project

o al muni ipal taxes

9 Australia PwC Worldwide Tax Summaries

ranke en s a to non res ents are e em t rom en

n e em t on rom s a so a a ab e or en s re e e b non res ent

Non-portfolio dividends repatriated to an Australian resident company from a company

Income of a non-resident entity in which Australian residents hold interests is not

inan ial arrangements

oreign ex ange gains and losses

or ore gn e hange ga ns an osses asso ate w th finan a arrangements sub e t to

• ore gn en s or str but ons a on e u t nterests as efine or ustra an

11 Australia PwC Worldwide Tax Summaries

• Certain mining, quarrying, or prospecting rights and information.

• Amounts paid to create or upgrade community infrastructure for a community

he so a e b a kho e e en ture ro s ons a ow a fi e ear stra ght ne wr te

Expenditure on the development of in-house software may be allocated to a ‘software

Subject to exceptions referred to below, capital expenditure incurred after 15

13 Australia PwC Worldwide Tax Summaries

Similar provisions apply in relation to income-producing residential buildings on which

The cost of income-producing structural improvements, the construction of which

The cost of consumables may be either written off immediately or as used.

The following expenditure attracts an immediate 100% deduction: environmental

Tax depreciation is not required to conform to book depreciation.

assessable to the debtor. Forgiveness includes the release, waiver, or extinguishment of a

ines and penalties

t er signifi ant items

osses ma not be arr e ba k

15 Australia PwC Worldwide Tax Summaries

ayments to oreign a filiates

onso ate grou s fi e a s ng e ta return an a u ate the r ta ab e n ome or oss

When a consolidated group acquires 100% of an Australian resident entity, so that it

Trans er pri ing