TDS Guidelines (Third Edition) - 0
TDS Guidelines (Third Edition) - 0
TDS Guidelines (Third Edition) - 0
Third Edition
This booklet is updated based on the amendments made to the Income Tax Act of the Kingdom of
Bhutan, 2001. The latest amendments were approved during the Tenth Session of the First
Parliament in 2016.
The publication is designed to explain to the taxpayers and the withholding agencies about the
applicability of Tax Deducted at Source (TDS) on different sources of income captured under the
Income Tax Act and the Rules thereto. It is intended to assist the taxpayers and the withholding
agencies in knowing their responsibilities, rights and obligations while deducting and depositing
TDS.
This booklet is organized in two parts: Part I explain different sources of income liable for TDS
under CIT, BIT and PIT separately. Part II discusses the roles and responsibilities of withholding
agencies concerning deduction, deposit and accounting of TDS.
The information provided in this booklet is based on the amended Tax Law and Rules in force at
the time of printing the booklet. In case of difference in interpretation and meaning, the relevant
sections of the Income Tax Act and Rules will supersede those in this booklet.
For any additional information or clarifications, contact the concerned Regional Revenue and
Customs Office (RRCO) located in your own region or Tax Administration Division at the DRC
HQ, Thimphu. The addresses and telephone numbers are given at the back of the booklet.
This booklet is intended to serve as a general guide to TDS and will come into effect from 1 st June,
2018. For detailed clarification and guidance on TDS, please visit any of the RRCOs or the HQ in
person.
1. INTRODUCTION
TDS is an important source of information for ascertaining actual income and expenditure of a
taxpayer when tax audits are carried out.
a. Chapter 3, Section 10, 11, 12, 13, 14, 15, 16, 17 and 18, General Provisions of the Income
Tax Act, 2001, mentions about the applicability of TDS on various sources of income.
b. Rule No. 4.2.1, 4.2.2, 4.2.2(a), 4.2.2(b), 4.2.2(c), 4.2.2(d), 4.2.2(e), 4.2.2(f), 4.2.2(g), and
4.2.3 of the Rules on the Income Tax Act, 2001 mentions about the procedures to withhold
taxes.
Tax Deducted at Source (3 rd Edition) 5
1.5 Who shall deduct tax at Source?
All government, semi-government, corporate bodies, private agencies/businesses, and
Individuals/Persons as specified in Table I below, are liable to deduct TDS. The authority and
responsibility to deduct TDS is provided by Chapter 3, Section 11 and 19 of the Income Tax Act,
2001 and the Rules thereto.
Table I
Sl. Source of
Withholding Agencies TDS Rates
No. Income
1 Employer or authorized representative Salary As per Annexure III
Government, Semi-Govt., & Non Govt.
2 Organizations (NGOs), Companies, Rental 5%
Businesses and Persons/Individuals.
3 Companies Dividend 10%
4 Financial Institutions Interest 5%
5 Tourism Council of Bhutan Tour Income 2%
2% for Bhutanese
Contract Awarder or authorized
6 Contract Income firms and 3% for Non-
representative
Bhutanese firms
Government, Semi-Govt., & Non-Govt.
Income from
7 Organizations (NGOs), Companies, 5%
Other Sources
Businesses and Persons/Individuals.
Further, taxpayers must inform the tax authorities within 3 months from the date of receipt of net
payment of the bill amount if the TDS amount deducted is not reflected/credited in the deductee
a. Companies or legal entities resident abroad, but doing business through a permanent
establishment in Bhutan;
However, all Joint Venture (JV) operating a business in Bhutan under a temporary license/permit
issued by MoEA will not fall under limited tax liability. For the purpose of taxation, these entities
shall be treated as companies under full tax liability and liable to deduct TDS at the rates prescribed
under full tax liability.
a. Income received by legal entities resident abroad from activities such as preliminary
survey, exploration or extraction of mineral resources through permanent establishment in
Bhutan;
b. Income received by legal entities resident abroad from letting business in Bhutan to either
a Bhutanese entity or another legal entity resident abroad;
c. Income received by legal entities resident abroad from immovable property in Bhutan as
an owner, co-owner, and user of that property;
d. Income received by legal entities resident abroad as a contract income/works contract
income from sources in Bhutan;
e. Income received by legal entities resident abroad for services rendered in Bhutan;
f. Income received by legal entities resident abroad as dividend from sources in Bhutan;
g. Income received by legal entities resident abroad as royalties from sources in Bhutan;
h. Income received by legal entities resident abroad as interest from sources in Bhutan;
TDS deducted under limited tax liability will be treated as the final tax and they are exempted
from filing tax return.
a. Individuals or businesses resident abroad but doing business in Bhutan through permanent
establishment;
However, Joint Venture (JV) operating a business in Bhutan under a temporary license/permit
issued by MoEA will not fall under limited tax liability.
4. EXEMPTED ORGANISATION
Exempted organizations are required to register themselves with DRC to obtain the exempt
organization status. The exempt organizations must furnish a copy of the exempt organization
certificate issued by DRC to withholding agencies to avail TDS exemption. The updated list of
exempt organizations is given in Annexure IV. However, such organizations must deduct and
deposit TDS from payments made to another taxable entity.
a. A person, for the purpose of PIT/TDS, means citizens, residents and other persons. Citizen
refers to those individuals possessing the citizenship of the Kingdom of Bhutan (Rule No. 1.2,
Part III of the ITA, 2001). Resident refers to non Bhutanese whose stay in the kingdom of
Bhutan during an income year is equal to or more than six months (Rule No. 1.3, Part III of
the ITA, 2001); whereas, other person refers to non Bhutanese whose stay in the kingdom of
Tax Deducted at Source (3 rd Edition) 15
Bhutan during an income year is less than six months ((Rule No. 1.4, Part III of the ITA,
2001).
b. Income year means a calendar year starting from the 1st of January to the 31st of December.
c. Residents, as defined in 5.1 (a) of this booklet, are liable for TDS on income received from
sources from or within Bhutan or for the work performed in Bhutan. TDS deducted will be
adjusted at the time of filing returns.
d. Other persons, as defined under 5.1(a) of this booklet, are liable for TDS on income received
from sources from or within Bhutan or for work performed in Bhutan. TDS deducted shall be
treated as final tax and returns need not be filed.
f. Persons other than Bhutanese citizens not covered under fiscal privileges of members of
Diplomatic Missions or Consular Posts under the General Provisions of International Law or
persons under the provision of special agreements are liable for TDS.
g. Non Bhutanese working in the Bhutanese embassies and Consulates are liable for TDS.
a. Definition of Salary
Income from salary shall include everything received in money of monies worth from the employer
in accordance with the rules prescribed by Ministry but excluding leave travel concession,
travelling allowance and daily allowance. Income from salary, for the purpose of PIT/TDS,
includes pay, wages, remuneration, bonus, commission, fees, children’s educational allowances,
Tax Deducted at Source (3 rd Edition) 16
and benefits received free or at a concessional rate. It also includes retirement benefits received on
a monthly or periodical basis such as pension or Lump sum payments made for services rendered
to employers.TDS on income from salary is payable on the net salary i.e. (Gross Salary minus
Provident Fund and Group Insurance Scheme).
b. TDS Rate
TDS on Net salary income (Gross Salary Income minus GPF and GIS) must be deducted as per
the Annexure III of the Rules (fourth edition) on the Income Tax Act of the Kingdom of Bhutan,
2001.
TDS on non-licensed consultancy income must be deducted as per Annexure III of the Income Tax
Rules for both citizens and residents. The total consultancy income must be broken down into a
monthly payment basis (by dividing the total income by number of months taken to complete
consultancy work) and deducted accordingly. The number of months, however, should be as per
the contract agreement between the consultants and contract awarder.
b. TDS Rate
TDS on rental income must be deducted at the rate of 5% on the gross rent paid for hiring rental
properties by the govt., semi-govt., NGOs, Companies and Business entities. However, if the
property is rented out to an individual, no TDS will be applicable.
b. TDS Rate
TDS must be deducted at the rate of 10% of the gross amount, if the total dividend payment is
more than Nu. 10,000. TDS is not applicable for dividend payments less than or equal to Nu.
10,000 per annum. However, if the dividend payment exceeds Nu.10,000, TDs should be deducted
on the whole amount. TDS is also applicable on dividend payments made to other persons even
if the dividend payment is less than or equal to Nu. 10,000 per annum. TDS on dividend payment
should be deducted in a year it is distributed.
b. TDS Rate
TDS on income from other sources must be deducted at the rate of 5% of the gross income. TDS
on income from other sources must be deducted on an accrual basis.
6.1 Deduction
Exceptions
(a) TDS collection made by BOB and its branches on interest income must be transferred
directly into the RGR account allotted to them. They will be required to submit copies of the
TDS schedules and Bank Statements in a standard format prescribed by DRC to the RRCO
concerned. The direct transfer No. must be clearly mentioned in the statement.
(b) Similarly, TDS on interest income deducted and deposited by BNBL and its branches into
their current account must be transferred to the RGR account maintained with the BOBL.
They will be required to submit copies of the TDS schedules and Bank Statements in a
standard format prescribed by DRC to the RRCO concerned. The direct transfer number.
must be clearly mentioned in the statement.
(c) TDS amounting to Nu. 1000 and below as referred in 6.2.1 (e) must be deposited with the
RRCO concerned latest by the 10th day of the month following the date of deduction to avoid
fines and penalties, and TDS certificate must be issued by the concerned withholding
agencies with either receipt No. or Cheque No.
(d) TDS collections made by withholding agencies in the remote dzongkhags, (e.g. Gasa
Dzongkhag or any other such Dzongkhags) without any banking facilities may be deposited
as and when TDS amount exceeds Nu. 15000/ or within one month, whichever is earlier.
The above procedures must be followed in respect of all income sources except under the following
cases.
Exceptions
a. TDS Certificate for Salary Income may be issued annually at the end of year, unless otherwise
a taxpayer requires it for purposes other than for PIT filing.
b. TDS Certificate for TDS amounting to Nu. 1000 and less may be issued latest by the 10 th day
of the month following the date of deduction to the parties concerned.
● Updating TDS information in the RAMIS , maintaining and filing of all TDS records and;
● Verifying whether TDS is deducted as per the rates prescribed in the rules or not
a. Advance tax payment, i.e., during the filing of half yearly returns for units paying CIT and
BIT;
b. Provisional tax payment, i.e., during the filing of annual tax returns for units paying CIT, BIT
and PIT;
c. Final tax payment after Desk Assessment or Field Assessment as the case maybe for those
paying CIT, BIT and PIT;
6.5.2 Documentation
The adjustment of TDS as specified above shall be given subject to the fulfillment of the following
conditions.
a. Submission of proper books of accounts in case of large and medium business entities;
b. Submission of basic records in case of small entities and;
c. On production of a standard TDS certificate issued by the withholding agencies
7 TDS DEFAULTS
8.1.3 Prosecutions
Notwithstanding the above provisions, prosecutions shall be initiated for the following offences:
● Making a false statement or deliver false accounts; (Note - issuing a falsified TDS
certificate to the parties shall constitute as making a false statement under the Income Tax
Act)
● Willful act or omission to deduct tax at source or pay tax to the Govt.;
● Willful attempt to evade tax or failure to pay fines, penalty or interest imposed under the
Income Tax Act of the Kingdom of Bhutan, 2001;
● Willful act or omission to produce books of accounts and documents.
8.2 Fines and Penalties as per the Negotiable Instrument Act, 2002
As per the Negotiable Instrument Act of the Kingdom of Bhutan 2002, the cases mentioned below
shall attract the following fines and penalties.
Total
I hereby certify that the information given in this certificate is true and correct to the best of my
knowledge. In case any information is found incorrect, I shall be liable for fines and penalties as
per Chapter 5, General Provisions of the Income Tax Act of the Kingdom of Bhutan, 2001.
How to compute TDS if the monthly salary income (Gross salary minus PF & GIS)
exceeds Nu.158,700