CA UNB Taxation Amendments 2080
CA UNB Taxation Amendments 2080
CA UNB Taxation Amendments 2080
AMENDMENTS APPLICABLE FOR INCOME YEAR 2080-81 (By Finance Act 2080)
New Provision
Any taxpayer whose tax was assessed upto F.Y. 2063/64 BS and tax assessment was made upto Ashad
End, 2065 and unpaid tax amount is up to NPR 50,000 in each assessment the balance amount
(Bakyauta) and interest thereto shall be waived off.
ii. Income Tax Amnesty for Entities distributing Dividend/Bonus share from the amount received from
Further Public Offering (FPO) (Section 26)
New Provision
Entities collecting Share premium on FPO and distributed Dividend/Bonus share from such amount till
FY 2078/79 (2021-22) Pays Income tax amount on such distributed dividends/bonus share amount as
per Section 56(3) by end of Mangsir, 2080 , Fees and interest thereto shall be waived off.
iii. Income Tax Amnesty for Entities who have not included gain on bargain purchase in taxable income
till IY 2079/080 (Section 27)
New Provision
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Entities not paid tax on Gain on Bargain Purchase as calculated in Merger & Acquisition till FY 2079/80
(2021-22) Pays the Taxes by the end of Mangshir End, 2080 Tax of the previous Years, Interest and
penalty amount thereto shall be waived off.
New Provision
A concession of 25% shall be provided on applicable tax chargeable to business income for the
financial year 2079/80 for a resident person carrying out Media House Business.
v. Income Tax Amnesty for Individuals doing business transactions of securities, land, land/building
(Section 29)
New Provision
Individuals involved in business transactions of Securities, Land, Land/Building and not filed income
tax returns till FY 2078/79 Pays the Taxes by the end of Mangshir End, 2080 nterest and penalty
amount thereto shall be waived off
vi. Income Tax Amnesty for Business of providing Foreign Employment or Education Consultancy
Services (Section 30)
(1) Any person involved in the business of providing foreign employment or education
consultancy services and neither declared his/her real income or not paid tax there
to of preceding years Declares such income and Pays the income tax applicable till
2080 Chaitra fine and Interest shall be waived off.
Major Amendment made by Finance Act 2080 as on 29th May 2023 (15th Jestha 2080) is mentioned here applicable
for Income Year 2080-81:
4 (4ka) Income shall be more than 30 lakhs but less than or equal to 1 crore.
(kha)
10 (Nga) For the tax exemption of educational institutions, memorandum of understanding with Government
of Nepal or Government entities is necessary.
11(1) An agricultural income derived from sources in Nepal during an income year by a person, other than
the income from an agriculture business derived by a registered firm, or company, or partnership,
or a corporate body, or through the land above the holding ceiling as prescribed in the Land Act,
2021, is exempt from income tax.
But, if any income is earned by carrying on agricultural business by being registered as any firm,
company, partnership firm and other corporate body, vegetable dehydration business, cold store
business, 50 % of applicable income tax shall be exempted.
CASE STUDY:
Nepal Agro Farm Private Limited is an agricultural based industry doing commercial farming and
processing of cash crops since many years. During an Income Year 2080-81 it earned Rs. 1500,000
as a Taxable Income from such business. Compute its tax liability for the Income Year 2080-81.
11(2Kha) Removed
(ga)
11(3) If a special industry has been operated in remote, undeveloped and least developed areas,
(Kha) respectively ten, twenty and thirty percent of the tax leviable on income of the years for up to ten
years from the date of commencement of the commercial production or transaction by that
industry started operating. Provided that the special industry established in the Karnali Province
and hilly district of Far Western Province providing direct employment to more than hundreds of
Nepali citizen shall be exempt from income tax for a period of fifteen years from the date of
commencement of its transaction
The additional concession available on top of the existing concession specified in section 11 (2kha)
(ka) and (kha) for the income derived by special industries in their full year of operation for a fiscal
year has been removed as per the provisions of Section 11 (2kha) (ga). However, the same provision
has now been added to Section 11 (5).
11(5) In case a person in-addition to the facilities under sub-section (2B) is entitled to more than one
concession on a single income under this section, he shall be entitled to only one concession chosen
by him.
4(4ka) Tax in case of resident natural person fulfilling the following conditions:
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a. The person has income from source in Nepal only
b. The person has turnover more that Rs 3 Million but less than upto Rs 10 Millions and Profit is
upto 1 Milion
22(2) If a natural person receives a lump sum payment for past years due to employment after a court
case has been settled, accounting for tax purposes shall be done on an accrual basis in the relevant
income year and not on cash basis.
88(1( (9ka) TDS@ 5% shall be applicable on the interest for the loan received in foreign currency from an
international bank and other international financial institutions by reservoir or semi-reservoir-based
hydropower projects generating above 200 MW of energy, and attaining financial closure by mid-
April 2024 (Chaitra end 2082) (PY: TDS Exempt u/s 88 (4)(kha2))
88(3) Revision in TDS rate from 5% to 6% on interest on deposits, bonds, debentures, and government
bonds to any natural person for the deposit, a resident bank, financial institution, cooperative, or
any other body issuing bonds, or a company listed in accordance with prevailing laws.
89(3) The proviso clause of section 89(3) has been withdrawn and as an impact TDS shall be applicable on
payment made to non-resident for purchase of arms and ammunitions, weapons, and
communication equipment for self-use by Nepal Army, Nepal Police and Armed Police Force.
[95A TDS shall be attracted at 5% in case of amount earned in foreign currency through export of
(6)(b)] software or similar type of other electronic services
[95A TDS shall be attracted at 5% in case of amount amount earned in foreign currency through export of
(6)(c)] consultancy Services
[95A TDS shall be attracted at 5% in case of amount earned in foreign currency thorugh uploading audio-
(6)(d)] visual content on social media by resident natural person other than related to business
95A (7) Proviso clause has been added to section which implies that advance tax of 1.5 % shall be collected
on the import of goods attracting VAT.
95A (6e) A new section 6(e)) has been inserted in section 95A wherein a resident electronic business
operator (ecommerce operator) shall collect advance tax at the rate of 1% while making payment of
the amount to a person associated with their platform for the sale of goods, services, or goods and
services through its platform.
(Kha) taxable income in excess of Rs. 500,000 but not exceeding Rs. 700,000 –Rs. 5,000 as per
clause(Ka) for income upto Rs. 500000 and 10% of taxable income in excess of Rs. 500000;
(Ga) taxable income in excess of Rs. 700,000 and up to Rs. 1000,000- Rs. 25,000 as per clause
(Kha) for income upto Rs. 700,000 Rs. plus 20% taxable income in excess of Rs. 700,000.
(Gha) if taxable income in excesss of Rs. 1000,000 but up to Rs. 2,000,000- Rs. 85,000 as per
clause(Ga) for income upto Rs. 10,00,000 plus 30% taxable income in excess of Rs. 10,00,000.
(Nga) If taxable income in excess of 2 million but upto Rs 5 million, additional tax at 20% and in
excess of 5 million, additional 30% shall be charged on the tax rate as per clause (Gha)
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For a taxpayer having registered sole proprietorship firm, having income from pension, natural
person contributing to pension fund and contribution based social security fund 1% tax under
Clause (Ka) is not applied.
(Kha) taxable income in excess of Rs.600,000 but not exceeding Rs.8,00,000 - Rs.6,000 as per
clause(Ka) for income upto Rs.600,000 and 10% of taxable income in excess of Rs. 6,00,000 ;
(Ga) taxable income in excess of Rs.800,000- but not exceeding Rs. 11,00,000 Rs.26,000 as per
clause (kha) for income upto Rs.8,00,000 plus 20% taxable income in excess of Rs.8,00,000.
(Gha) if taxable income in excess of Rs.11,00,000 but not exceeding Rs. 2,000,000 - Rs.86,000 as
per clause(Ga) for income upto Rs.11,00,000 plus 30% taxable income in excess of Rs.11,00,000.
(Nga) If taxable income in excess of 2 million but not exceeding 5 million , additional tax at 20%
and in excess of 5 million, additional tax at 30% shall be charged on the tax rate as per clause
(Gha)
For a taxpayer having registered sole proprietorship firm, having income from pension and income
of natural person contributing at contribution based pension fund and contribution based social
security fund 1% tax under Clause (Ka) is not applied.
23(2)
ii. VAT Amnesty for Graulated Wheat (Sooji) Industry (section 32)
New Provision
Person manufacturing and selling Granulated Wheat (Sooji) has not collected and deposit
the VAT for the period FY 2071/72 to 2076 Jestha 14 , Pay amount equivalent to 5 percent
of the transaction amount between 2071/72 and Jestha 14, 2076, by the end of Ashwin
2080 or If tax has been determined and VAT is due or the case under administrative review
or other judicial body is withdrawn and Pays the amount equivalent to 5 percent of the
transaction amount between FY 2071-72 and Jestha 14, 2076 and deposit the same by
the end of Ashwin 2080, remaining tax, additional fees, Interest and Penalty shall be
waived off.
iii. Tax Amnesty scheme for Non-resident in case of digital tax (Section 33)
New Provision
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Non-Resident person providing digital services more than NPR 2 million obtain PAN
Number or has already Obtained PAN Number, and Pays VAT due upto Jestha End, 2080
by 25 Ashad, 2080, interest, Additional fee & penalty shall be waived
New Provision
Person doing the Hire Purchase Transaction has not collected and deposit the VAT for the
period FY 2074/75 and FY 2077/78 Pay amount equivalent to 2 percent of the transaction
amount between FY 2074-75 and FY 2077-78 by the end of Mangsir 2080 OR If tax has
been determined and VAT is due or the case under administrative review or other judicial
body is withdrawn and pays the amount equivalent to 2 percent of the transaction amount
between FY 2074-75 and FY 2077-78 by the end of Mangsir 2080, Previous Year VAT and
additional fees, Interest and Penalty shall be waived off.
v. Vat Amnesty for the donation received by Non Government organization (section 35)
New Provision
vi. Vat Amnesty for the person involved in Cosntruction business – Not filed vat return
(Section 36)
New Provision
Person involved in Construction Business Registered under VAT and not filed the VAT
Return or filed the return and not paid the VAT , if filing of VAT Return in case of non-
filer and Payment of VAT and 50% Interest amount by the end of Poush 2080 Fine,
additional Fee and Remaining Interest shall be waived off.
vii. Vat Amnesty for carriage/ Transportation Service Business (Section 37)
New Provision
Person who is required to be registered under the VAT Act, 2052 but has not registered
under the act and doing the business of Transportation Business and due to the non-
registration, no VAT has been paid, if pay amount equivalent to 5 percent on the
transaction value for the Vatable period by the end of Poush 2080 or if tax has been
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determined where VAT is due or the case under administrative review or other judicial
body is withdrawn and pays amount equivalent to 5 percent on the transaction value
for the Vatable period by the end of Poush 2080, remaining tax, additional fee, interest
and penalty shall be waived off.
29 (1Nga) If a person obtains an ineligible refund of VAT under the diplomatic VAT refund
outlined in Section 25(1) (Ka), (ka1), and (Ka2) through an automated
electronic medium, a penalty of 25% on the taxable amount can be imposed
by the tax officer
6.03 Flowers; cut flowers and flower buds of a kind suitable for
bouquets or for ornamental purposes, fresh, dried,dyed, bleached,
impregnated or otherwise prepared
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Fresh
0603.11.00/12
.00/13.00/14.0
0/15.00
0603.19.00 Others
0603.90.00 Others
6.04 Foliage, branches and other parts of plants, without flowers or
flower buds, and grasses,
mosses and lichens; suitable for bouquets or for ornamental
purposes, fresh, dried, dyed, bleached, impregnated
0604.20.00 Fresh
0604.90.00 Others
7.01 Potatoes; fresh or chilled
0701.90.00 Others
7.1 Vegetables (uncooked or cooked by steaming or boiling in water);
frozen
0710.10.00 potatoes,
0808.10.00 Apples
0808.40.00 Quinces
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8.09 Apricots, cherries, peaches (including nectarines), plums and sloes,
fresh
0809.10.00 Apricots
Cherries
11.04 Cereal grains otherwise worked (e.g. hulled, rolled, flaked, pearled, sliced
or kibbled) except rice of heading
no. 10.06; germ of cereals whole, rolled, flaked or ground)
12.11 Plants and parts of plants (including seeds and fruits), of a kind used
primarily in perfumery, in pharmacy or for insecticidal, fungicidal or
similar purposes, fresh, chilled, frozen or dried, whether or not cut, crushed
or
Powdered.
0207.14.00 Cuts and offal, frozen of fowls of the species Gallus domesticus
0207.27.00 Cuts and offal, frozen of turkey
0207.42.00 not cut in pieces, frozen of Duck
0207.45.00 Others; frozen of duck
0207.52.00 not cut in pieces, frozen of Geese
0207.55.00 Others; frozen of geese
3.03 Fish; frozen, excluding fish fillets and other fish meat of heading 0304
3.05 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or
during the smoking process flours, meals and pellets of fish, fit for human
consumption
3.07 Molluscs; whether in shell or not, live, fresh, chilled, frozen, dried, salted
or in brine; smoked molluscs whether in shell or not, cooked or not before
or during the smoking process; flours, meals and pellets of molluscs, fit for
human consumption
Group 4 :
Agricultural
Materials
87.01 Tractors; (other than tractors of heading no 8709)
87.11 Motorcycles (including mopeds) and cycles; fitted with an auxiliary motor,
with or without side-cars; side-cars
Group 11:
Other goods
and Services
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54.01 Wool, not carded or combed
52.05 Cotton yarn (other than
sewing thread),
containing 85% or
more by weight of
cotton, not put up for
retail sale Cotton yarn; single, of uncombed fibres
84.07 Appropriate parts for
use in engines under
heading 84.07 or 84.08
84.09 Centrifuges, including
centrifugal dryers;
filtering or purifying
machinery and
apparatus for liquids or gases
84.21 Centrifuges including centrifugal dryers
8421.12.00 clothes-dryers
84.23 Weighing machines; excluding balances of a sensitivity of 5cg or better,
including weight operated
counting or checking machines and weights of all kinds
Group 7: Books,
Newspaper and
published materials
49.1 Calenders of any kind, printed including
calender blocks
Group 9: Public
Transport and
carriage service
Air travel, service from machinery bridge,
public transportation carrying passengers
(Except cable car), rent of carrier, carriage
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service (Except carriage related to supply) and
cargo service for export.