Tax Deduction at Source (TDS)
Tax Deduction at Source (TDS)
Tax Deduction at Source (TDS)
Paying tax is not just a legal responsibility, but also a matter of earning respect. HIS MAJESTYS GOVERNMENT MINISTRY OF FINANCE INLAND REVENUE DEPARTMENT LAZIMPAT, KATHMANDU
1. What is Tax Deduction at Source? For a prescribed set of payments made in the course of business or employment or investment transactions, the Income Tax Act 2058 prescribes that tax (hence referred to as TDS) must be deducted at the time of payment made by the payer (hence referred to as TDS withholding agent) to the recipient (hence referred to as withholdee). The TDS withholding agent transfers the TDS deducted to the Inland Revenue Department either in cash, or by cheque or draft, or through the bank. In some cases TDS is treated as income tax paid by the TDS withholding agent on behalf of the TDS withholdee. It can therefore be claimed as a tax credit when filing income tax return and reduces the income tax liability. 2. From which payments and at what rate must TDS be deducted? A. Remuneration payments B. A resident person, when making remuneration payments to employees, must deduct TDS. TDS should be deducted at the time of payment and must be deducted at the rate given in Annex-1 of the Income Tax Act 2058. For detailed information regarding TDS calculation on remuneration income, please refer to the brochure "Provision of Taxation for Remuneration Income in Income Tax Act 2058". C. Interest payments, natural source payments, rent payments, royalties, service fees A resident person, when making payments for interests, natural sources, rent, royalties or service fees, must deduct TDS at the rate of 15% of the payment. However, if interest is paid to an individual for a deposit, debenture or government bond, only 6% TDS must be deducted. D. Retirement payments A resident person, when making retirement payments, must deduct TDS at the rate of 15% of the payment. When making lump sum retirement payments from HMG as well as approved retirement funds, must deduct TDS at the rate of 6% of the gain of the payment. The gain is calculated by deducting Rs 5 lakhs or 50% of the lump sum retirement payment, whichever is higher. When making retirement payment from unapproved retirement funds must deduct TDS at the rate of 10% of the gain of the payment. E. Dividend and Investment insurance payment A resident company, when distributing dividend to its beneficiaries, must deduct TDS at the rate of 5%. Similarly, an investment insurance company, when making payment to its beneficiaries, must deduct TDS at the rate of 5%. F. General insurance premiums A resident person, when paying out business related general insurance premiums, must deduct TDS at the rate of 1.5% of the insurance premium.
G. Business contracts
A resident person must withhold TDS at the rate of 1.5% of the contractual amount for contracts above Rs. 50,000.
Following Table clarifies the TDS payment and rates: Description Remuneration Individual Couple up to Rs.80,000 + Remote area allowance + Pension + Life insurance premium Any excess up to Rs. 75,000 Any excess amount up to Rs.100,000 + Remote area allowance + Pension + Life insurance premium Any excess up to Rs. 75,000 Any excess amount
Tax Rate
Exempted
15% 25% of excess amount + Rs. 11,250 (15% 0f 75,000) 15% 6% 6% 10% 5% 5% 1.5% 1.5%
Nepal sourced interest, natural resource payment, retirement payment, rent, royalty and service fee Interest paid to an individual for deposit, debenture or government bond with no business relation Gain from lump sum retirement payment made from H.M.G. or approved retirement fund Gain from Nepal sourced retirement payment made by an unapproved retirement fund. Payment of Nepal source dividend by resident company Payment of Nepal source investment insurance gain by resident insurance company Payment of general insurance premium as a business activity by a resident person Payment for business contracts amounting to more than Rs. 50,000 3. What are the types of TDS? There are two types of TDS: A. Final TDS B. Non-final (or adjustable) TDS .
4. What are final and non-final TDS? A. Final TDS The TDS that is deducted from the payment by the TDS withholding agent cannot be used to reduce the income tax liability of the withholdee. The payment itself is not considered income of the withholdee when calculating income tax. It is simply ignored when calculating the income tax liability of the withholdee. B. Non-final TDS The TDS that is deducted from the payment by the TDS withholding agent can be used to reduce the tax liability of the withholdee. The withholdee claims nonfinal TDS as tax credits in Annex 10 (Form Income Tax-C-01-02-0960). Nonfinal TDS reduces the income tax payable (i.e. tax liability) of the withholdee because it was paid by the TDS withholding agent on behalf of the withholdee. The payment itself is considered income (or an inclusion) of the withholdee when calculating the witholdees income tax liability. 5. Which payments are subject to final TDS? A. Payments of dividends by a resident company to its beneficiaries. B. Except if in conjunction with business operations, payment of rent for the lease of land or (part of) a building and its associated fittings and fixtures.
C. Gain of payment made by a resident investment insurance company to an insured. D. Gain of payments made to resident persons from unapproved retirement funds. E. Payments made for interest on deposits to an individual (not related with business) by resident banks or financial institutions. F. Any of the above listed payments made to non-resident persons. G. Lump sum retirement payments made by HMG or an approved retirement fund to its beneficiries. H. Payments made for meeting allowances, occasional teaching, preparing questions and checking of answer sheets. 6. Are there any prescribed forms issued by the IRD to be used by TDS withholding agents and withholdees with regard to TDS? A. Withholding agents Form Monthly Statement of Tax Withheld (Form Income Tax-T-D-01-010361) Form TDS Withholding Certificate (Form Income Tax-T-C-01-01-0361) Specimen of these forms and procedures for completing them can be found in Annex 1 of this brochure. Withholdees Form Income Tax / Annex 10 / Tax Credits Claim (Form Income Tax-C-0102-0860) Prescribed forms can be found from Inland Revenue office or it can be downloaded from the IRD official website www.ird.gov.np. 7. When and where should TDS and TDS statements be submitted? The TDS withholding agent must submit The Monthly Statements of Tax Withheld together with the TDS withheld to the concerned Inland Revenue Office until the 15th day of the following month. 8. When and where should tax credit claims be submitted? To claim tax credits, the TDS withholdee must submit Annex 10 (Form Income TaxC-01-02-0960) together with his income tax return. 9. When should TDS certificates be issued? The TDS withholding agent should issue a TDS certificate (Form Income Tax-T-C01-01-0361) within 15 days after the end of the month, when tax was deducted. But, in the case of remuneration, the employer should issue TDS certificate within 30 days after the end of income year. In the case, where employee has been terminated from the job, the employer should issue this certificate within 30 days after the termination. Before issuing the TDS certificate, the withholding agent must pay the TDS to his Inland Revenue Office. A specimen form and the procedures for completing it can be found in Annex-2 of this brochure. 10.What happens if the withholding agent does not issue a TDS certificate to the withholdee? Without a TDS certificate, the withholdee will not be able to claim TDS credits to reduce his tax liability, since a TDS certificate is required in order to fill in Annex 10 (Form Income Tax-C-01-02-0860). Therefore every withholdee should ask the withholding agent for a TDS certificate. TDS withholding agents are obliged to issue this certificate to the withholdee. 11.What are the consequences if a person has not deducted mandatory TDS from payments? It is generally assumed that the TDS has been deducted where deduction is compulsory by law. It is primarily the obligation of the TDS withholding agent to deduct and pay the TDS. However, if the withholding agent fails to pay the TDS, both he and the withholdee are jointly or individually liable to pay the tax. If TDS was paid by the withholding agent but not yet deducted during the time of 3
payment, the TDS withholding agent is authorized to recover the TDS paid from the withholdee. 12.What happens if the TDS withholding agent fails to pay TDS at the concerned Inland Revenue Office? If the agent fails to pay the TDS within the prescribed period, the agent must pay 15% annual interest on the amount each month. In addition, the concerned Inland Revenue Office is authorized to enforce the payment using all legal means of enforcement as described in the Income Tax Act 2002. 13.What will happen if the agent fails to submit a TDS statement to the concerned Inland Revenue Office? If the agent fails to submit a statement (Form Income Tax-T-D-01-01-0361) until the 15th day of the months following the latest TDS payments, then the agent is liable to pay 1.5% interest per annum on the TDS. A TDS statement need not be submitted for months in which no TDS was deducted. 14.Where can more information regarding TDS be found? To get more information regarding TDS, contact the Inland Revenue Department or the nearest Inland Revenue Office. Additionally, Section 2, Chapters 16, 17, 20, 22, 23 and Annex 1 of the Income Tax Act 2058 contain detailed legal provisions relating to TDS.
Annex-1
Form Income tax-T-D-01-01-0361
1
PAN Name
Address House/ Block No. Ward No.
Street
Metropolitan Municipality
Sub-Metropolitan VDC
District
PAYMENT DETAILS
Fill in all tax payments made for TDS during the statement period. Payments can be made for taxes withheld for (1) employment / salary, (2) interests, (3) natural resource payments, (4) rent, (5) royalties, (6) service fees, (7) retirement payments, (8) dividends, (9) contract payments, (10) insurance premiums. Column 1 Column 2 Column 3 Columns 4, 5 Column 6 Column 7 Column 8
1 SN Revenue Account Heading
Fill in the revenue account heading for which the payment was made. Fill in 1 for cash payment, 2 for cheque payment, 3 for draft payment, 4 for payment through bank. Fill in (A) cash receipt number if you paid cash in the IRO, (B) cheque number if you paid by cheque in the IRO, (C) draft number if you paid by draft in the IRO, (D) voucher number if you paid in the bank. Fill in the bank name and the branch name if you paid by bank voucher. Fill in the IRO name if you paid in cash or by cheque or by draft in the IRO. Fill in the payment date. Fill in the amount of taxes deducted and paid.
2 Payment Mode 3 Number 4 Bank Name 5 Bank Branch Name 6 IRO Name 7 Payment Date 8 Amount
1 2 3 4 5 6 7 8 9 10 TOTAL AMOUNT
3
I/we declare this statement to be complete and correct. Signature of Withholding Agent or Representative Name of Withholding Agent or Representative Date
TAXPAYER CERTIFICATION
4
TDS Return No TDS Return Date Receiving Official Name Receiving Official Signature
5
Type of Witholding (fill number in left column)
3= Natural resource payment, 4= Rent, 5= Royalty, 6=Service fee, 7= Retirement payment, 8=Contract or General Insurance premium
Do not fill in Details (Rows 2-13) for (1) Employment / Salary Earners, (2) Recipients of Interests, (3) Recipients of Dividends. Fill in Subtotals (Rows 15-17) only. A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Subtotal Rows 2-13 15 Subtotal Employment / Salary Earners 16 Subtotal Recipients of Interests 17 Subtotal Recipients of Dividends 18 Total of Rows 14-17
Type Whd.
B Withholdee PAN
C Withholdee Name
6
Type of Witholding (fill number in left column)
3= Natural resource payment, 4= Rent, 5= Royalty, 6=Service fee, 7= Retirement payment, 8=Contract or General Insurance premium
Do not fill in Details (Rows 2-13) for (1) Employment / Salary Earners, (2) Recipients of Interests, (3) Recipients of Dividends. Fill in Subtotals (Rows 15-17) only. A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Subtotal Rows 2-13 15 Subtotal Employment / Salary Earners 16 Subtotal Recipients of Interests 17 Subtotal Recipients of Dividends 18 Total of Rows 14-17
Type Whd.
B Withholdee Name
Procedures for filling out a monthly TDS statement Explanation and filling procedure of monthly TDS statement (Form Income Tax-T-D-01-01-0361)
Who should fill this form A withholding agent, who deducts tax from a withholdee, should fill this statement.
This form can be obtained from any I.R.O. This form can also be downloaded from the I.R.D. website: http://www.ird.gov.np/.
Within 15 days of the end of the month when the payment was made to the withholdee.
Complete all the rows and columns of this form with all the correct information. Period of TDS : mention the year and month that payment was made after TDS. Name of the I.R.O. : mention the name of I.R.O. where the statement is to be submitted.
Complete all the rows and columns of this section with all the correct information.
For each revenue heading, one row should be filled. There might be the same revenue heading number in different rows on page 2. In this case, the total of all the rows with the same revenue heading number should be mentioned in a single row for each revenue heading. There are 8 columns in this section. Instructions on how to fill columns are printed at the top of the table on the form. When filling the table, these instructions must be followed.
The withholding agent should sign and date this section. A representative of the agent can also sign the statement, as long as a Letter of Authorization is attached.
The withholding agent should not write in this section. This section is to be filled by I.R.O. staff only. The withholding agent should keep a record of the statement registration number and the date from this part, which will be used to prepare a TDS certificate.
Details of withholdees having a PAN (Permanent Account Number) should be mentioned in this section. Details of withholdees without PAN should not be mentioned in this section (see the next section for where to place details of withholdees without a PAN). Instructions on how to complete the rows and columns in this section are printed at the top. When filling the table, these instructions must be followed.
Details of withholdees without PAN should be mentioned in this section. Details of withholdees having a PAN should not be mentioned in this section (see Part 5 for where to place the details of withholdees with a PAN). Instructions on how to complete the rows and columns in this section are printed at the top. When filling the table, these instructions must be followed.
The following is an example of a completed TDS statement where the Social Co-operation Institute has to fill out a TDS statement:
The detais of TDS made by the Social Co-operation Institute, resident of block no. 14, ward No.34, Kathmandu municipality having PAN 500001021 on the month of Faigoon, 2060, are as follows:
1. TDS Rs. 60,000 was made on the payment of remuneration, paid by
cheque no. 234510, dated 060/12/13 of Nepal Bank Ltd., Dillibazar branch to I.R.O. No. 1, Kathmandu.
2. Rs. 42,500 was paid to the Old Plaza Pvt. Ltd. for rent on 060/11/29
and Rs. 7,500 was deducted as tax. This amount was paid to I.R.O. No. 1, Kathmandu on 060/12/13. The I.R.O. issued a receipt numbered 234511. The Old Plaza has a PAN: 500001111.
3. Rs. 4,75,000 was paid to a consultancy company as a service fee on
060/11/20 and Rs. 75,000 was deducted as tax. This amount was paid to Nepal Rastra Bank, Thapathali by Bank Voucher No. 1234560 dated 060/12/13 on the account of I.R.O. No. 1, Kathmandu. The PAN of the consultancy company is 500002132.
4. Rs. 85,000 was paid as a service fee to Dr. Kabir Kumar on
060/11/29 and Rs. 15,000 was deducted as tax. This amount was paid to Nepal Rastra Bank, Thapathali by Bank Voucher No. 1234560 dated 060/12/13 on the account of I.R.O. No. 1, Kathmandu. Dr. Kumar does not have a PAN.
2060
YYYY
11
MM
1
PAN Name
Address
(if available)
14
34
Baneswore
Kathmandu
Kathmandu
PAYMENT DETAILS
Fill in all tax payments made for TDS during the statement period. Payments can be made for taxes withheld for (1) employment / salary, (2) interests, (3) natural resource payments, (4) rent, (5) royalties, (6) service fees, (7) retirement payments, (8) dividends, (9) contract payments, (10) insurance premiums. Column 1 Column 2 Column 3 Columns 4, 5 Column 6 Column 7 Column 8
1 SN Revenue Account Heading
Fill in the revenue account heading for which the payment was made. Fill in 1 for cash payment, 2 for cheque payment, 3 for draft payment, 4 for payment through bank. Fill in (A) cash receipt number if you paid cash in the IRO, (B) cheque number if you paid by cheque in the IRO, (C) draft number if you paid by draft in the IRO, (D) voucher number if you paid in the bank. Fill in the bank name and the branch name if you paid by bank voucher. Fill in the IRO name if you paid in cash or by cheque or by draft in the IRO. Fill in the payment date. Fill in the amount of taxes deducted and paid.
2 Payment Mode 3 Number 4 Bank Name 5 Bank Branch Name 6 IRO Name 7 Payment Date 8 Amount
1 2 3 4 5 6 7 8 9 10
2 1 4
X No. 1, Kathmandu X
TOTAL AMOUNT
157500.00
3
I/we declare this statement to be complete and correct. Signature of Withholding Agent or Representative Name of Withholding Agent or Representative Date 2060.12.14
TAXPAYER CERTIFICATION
4
TDS Return No TDS Return Date Receiving Official Name Receiving Official Signature 12345 2060.12.14
5
Type of Witholding (fill number in left column)
3= Natural resource payment, 4= Rent, 5= Royalty, 6=Service fee, 7= Retirement payment, 8=Contract or General Insurance premium
Do not fill in Details (Rows 2-13) for (1) Employment / Salary Earners, (2) Recipients of Interests, (3) Recipients of Dividends. Fill in Subtotals (Rows 15-17) only. A B C D Payment Date (of col. 5) 1 Withholdee PAN Withholdee Name YYYY 2060 2060 MM 11 11 DD 29 20 Amount paid to Withholdee TDS Amount withheld E F
2 3 4 5 6 7 8 9 10 11 12 13 14
2 4
5 0 0 0 0 1 1 1
4 2 5 0 0 4 2 5 0 0 0
7 5 0 0 7 5 0 0 0 X X X X X X X X X X 8 2 5 0 0 X X X 8 2 5 0 0
5 0 0 0 0 2 1 3 2
15 Subtotal Employment / Salary Earners 16 Subtotal Recipients of Interests 17 Subtotal Recipients of Dividends 18 Total of Rows 14-17
6
Type of Witholding (fill number in left column)
3= Natural resource payment, 4= Rent, 5= Royalty, 6=Service fee, 7= Retirement payment, 8=Contract or General Insurance premium
Do not fill in Details (Rows 2-13) for (1) Employment / Salary Earners, (2) Recipients of Interests, (3) Recipients of Dividends. Fill in Subtotals (Rows 15-17) only. A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Subtotal Rows 2-13 15 Subtotal Employment / Salary Earners 16 Subtotal Recipients of Interests 17 Subtotal Recipients of Dividends 18 Total of Rows 14-17 7 5 0 6 0 0
Type Whd.
10
Annex-2
Form Income tax-T-C-01-01-0361
1
PAN Name Phone No. Address
House/ Block No. Ward No.
WITHHOLDEE DETAILS
(if available)
Street
Metropolitan Municipality
Sub-Metropolitan VDC
District
2
PAN Name Phone No. Address
House/ Block No. Ward No.
Street
Metropolitan Municipality
Sub-Metropolitan VDC
District
PAYMENT DETAILS
Remuneration Interest Natural resource payment Rent Royalty 1-1-03-11 (Government Organisation) 1-1-03-13 (Private Limited Company) 1-1-03-19 (Other Institutions) 1-1-03-51 (Rental Tax) 1-1-03-53 (Capital Gain Tax) 1-1-03-59 (Other Investment Tax) Service fe Retirement payment Dividend Contract General Insurance premium 1-1-03-12 (Public Limited Company) 1-1-03-14 (Individual/Proprietorship Firm) 1-1-03-20 (Remuneration Tax) 1-1-03-52 (Interest Tax) 1-1-03-54 (Dividend Tax) 1-1-03-90 (Other Income Tax)
Period Payment covers (put month and year in the fields below) From To Amount paid to Withholdee Amount in Words TDS Amount withheld Amount in Words Payment Date TDS Return Registration No. TDS Return Registration Date Name of the I.R.O. ____________________________________________ Date and seal ____________________________________________ Signature Witholding Agent
11
Procedures for filling out a TDS Certificate Explanation and filling procedure of TDS Certificate (Form Income tax-T-C-01-01-03-61) Who should fill this form
After paying the deducted tax in an I.R.O., a withholding agent should fill out a TDS certificate and issue it to the withholdee.
Complete all the rows and columns of this form with all the correct information.
Payment made to withholdee In words TDS amount In words Payment date TDS statement filing number
12
Fill in the registration date of your statement from the I.R.O. Fill in the I.R.O. name, where TDS statement was submitted.
Print the date when the certificate was prepared and stamped with the office seal. Sign in the specified place. The withholding agent or the authorized person can sign the certificate.
The following is an example of a completed TDS certificate where the Social Co-operation Institute has to issue a TDS certificate to the Old Plaza:
The Social Co-operation Institute, resident of block no. 14, ward no. 34, Kathmandu municipality with PAN 500001021 has deducted tax on 2060 Falgun. Rs. 7,500 was deducted and Rs. 42,500 was paid as rent to the Old Plaza Pvt. Ltd. This TDS was paid in I.R.O. No. 1, Kathmandu on 060/12/13. I.R.O. No. 1, Kathmandu has issued a receipt (No. 234511). Old Plaza was the resident of block no. 12, ward no. 32, Gyaneswore, Kathmandu municipality, Phone No. 4444444 with PAN 500001111. The Society had submitted TDS return in I.R.O. No. 1, Kathmandu on 060/12/14. The TDS return registration No. was 12345.
13
1
PAN Name Phone No. Address 5 0 0 0 0 1 1 1 1
WITHHOLDEE DETAILS
(if available)
4444444
House/ Block No. Ward No. Street Metropolitan Municipality Sub-Metropolitan VDC District
12
32
Gyaneswore
Kathmandu
Kathmandu+
2
PAN Name Phone No. Address 5 0 0 0 0 1 0 2
14
34
Banneswore
Kathmandu
Kathmandu
PAYMENT DETAILS
Remuneration Interest Natural resource payment Rent Royalty 1-1-03-11 (Government Organisation) 1-1-03-13 (Private Limited Company) 1-1-03-19 (Other Institutions) 1-1-03-51 (Rental Tax) 1-1-03-53 (Capital Gain Tax) 1-1-03-59 (Other Investment Tax) Service fee Retirement payment Dividend Contract General Insurance premium 1-1-03-12 (Public Limited Company) 1-1-03-14 (Individual/Proprietorship Firm) 1-1-03-20 (Remuneration Tax) 1-1-03-52 (Interest Tax) 1-1-03-54 (Dividend Tax) 1-1-03-90 (Other Income Tax)
Period Payment covers (put month and year in the fields below) From To Amount paid to Withholdee Amount in Words TDS Amount withheld Amount in Words Payment Date TDS Return Registration No. TDS Return Registration Date Seven thousand five hundred only Forty two thousand five hundred only 7
5
14