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CORPORATE INCOME
TAX
Resident and Nonresident companies are liable to corporate income tax at
35%. This is similar to the rates seen in other fast developing Asian
economies and is the result of reductions introduced in recent years by
the government. Nonresident companies are those with their head, office
located overseas, or are controlled from abroad. Such companies pay an
additional tax of 1/3 of remittances abroad or 1/9 of taxable profits,
whichever is less. Remittances exclude dividends for this purpose.
PERSONAL INCOME TAX
Resident- Resident individuals pay personal income tax on
a sliding rate scale up to a maximum of 35% of income. The first slab of
Rs.100,000 per annum is exempt.
Non-citizens- Non-citizens
of Sri Lanka who are employed in qualifying BOI enterprises are eligible
for a flat concessionary tax at 15% of Sri Lanka-source income. This
benefit, except in the case of BOI approved flagship projects, is
restricted to the expatriate's first five years of employment.
INDIRECT
TAXES
Sri Lankan indirect taxes comprise turnover tax, excise duties and
stamp duty. Turnover tax is a multi stage tax applied on the
manufacture, sales and import of goods and on services. The rates vary
between 2% to 20%, depending upon the type of commodity or service. The
tax is generally payable every quarter. Manufacturers have the benefit
of a system of credits on turnover taxes paid at the time of import and
on local procurement of inputs. The government has announced its
intention of replacing the turnover tax with a more simple goods and
services tax (GST) shortly. After coming power the new government (UNP)
goods and services tax (GST) changing over as value added tax (VAT).
NATIONAL
SECURITY LEVY
A National
Security levy of 2% is levied on all imported capital goods. Exemptions
from this levy will be granted on
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imports used in the
manufacture of exports, including consumables
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articles brought
into the country for temporary use, for repair and re-export or for
display at exhibitions or for repair and reimported.
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Items of plant and
machinery shipped abroad for repair and reimported.
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gold imports for
sale at Duty Free shops
All other imported or
manufactured articles are subject to a National Security Levy of 4.5%.
Exported articles are not subject to the levy. BOI Approved ventures are
subject to this levy as described above.
DIVIDENDS
Dividends declared out of tax exempt profits during the tax holiday
period and one year thereafter are tax free in the hands of
shareholders. A withholding tax of 15% on dividends applies to all
companies other than quoted public companies. This can be credited
against the individual income tax of the shareholders. Quoted public
companies have to deduct the 15% withholding tax on dividends paid to
nonresident shareholders. Resident companies pay an Advance Company Tax
(ACT) of 27% of gross dividend at the time of declaring a dividend. The
ACT can be set off against the tax liability of the company up to 50% of
income tax payable. Any excess can be carried forward to the following
year.
TAX
TREATIES
Double Tax
Relief Agreements signed between Sri Lanka and other countries provide
for reduced tax rates on dividends, interest and royalties. Recently
concluded agreements include special provisions to ensure that foreign
investors receive the benefits arising from the various tax incentives.
The countries having tax treaties with Sri Lanka are the following:
Australia,
Bangladesh, Belgium, Canada, Czechoslovakia, Denmark, Finland, France,
Germany, India, Italy, Japan, Korea, Malaysia, Netherlands, Norway,
Pakistan, Poland, Romania, Singapore, Sweden, Switzerland, Thailand, The
United Kingdom, USA and Yugoslavia.
Goods and Services Tax
A value-added tax called the "Goods and Services
Tax" (GST) with an input tax credit mechanism was implemented in
Sri Lanka on April 1, 1998. The GST is applicable on most goods and
services imported, produced or sold locally. The GST replaced a turnover
tax system, which granted a wide range of exemptions, and had cascading
effects as it was charged on each point of sale with no input tax credit
mechanism. Theturnover tax system was a three-band tax system with rates
of 7, 12 and 18 percent. The GST has two rates: a standard 12.5% for
most goods and services and a zero rate for a limited number of goods
and services. A range of essential goods such as certain
food items and petroleum products, public transport services and health
care are completely exempt from GST. Goods and services supplied to
diplomatic missions have been granted GST exemptions only on a
case-by-case, negotiated basis.
Importers and distributors, manufacturers and
service centers are liable for GST. All exports from Sri Lanka, and
passenger and cargo airline services and shipping services are
zero-rated. No GST is payable on zero-rated goods and services but
suppliers of zero-rated products may be able to recover GST paid on
inputs used. Suppliers of GST-exempted goods cannot recover any of the
GST applied on their own expenses. Suppliers of standard rate goods and
services have to charge GST on sales to customers, who in turn will be
able to deduct the amount of tax from the amount they collect and owe to
the government, if such supplies are used in their businesses. Customers
who consume goods and services for non-business purposes cannot claim
the deduction. GST is not due on raw material imports to businesses
located within free trade zones.
When goods are imported to Sri Lanka, GST is
payable at the same rate as on a supply of those goods in Sri Lanka. GST
must be paid at the point of import. Exporters (who were exempted from
turnover tax on imports and exports) are required to pay GST on inputs
(both imported and locally obtained) but are eligible to receive a
refund. In the case of imported inputs, GST must be paid within 60 days
of import. GST refunds are granted only after exporters submit proof
that the goods made from the inputs were exported, and processing time
is at least one month. Exporters, complaining that this system creates
cash flow problems and is cumbersome and time consuming, have requested
exemptions from paying GST on inputs.
Implementation of the new system has generated controversy. Numerous
reports of fraud and abuse have circulated in the local media, such as
the charging of GST on exempted food items, and double-charging of GST
to unsuspecting and confused consumers. In response, the Inland Revenue
Department has started a consumer awareness program to educate consumers
about GST. Various suppliers of goods and services who enjoyed
exemptions under the turnover tax system have condemned the GST’s
comprehensiveness and are making efforts
to have exemptions reinstated or to receive a zero-rating for their
products. The GST is the most important tax source for the government.
However, the current 12.5 percent GST rate is well below the revenue
neutral tax rate of around 17 percent, which is a major cause for
concern. GST collections fell below targets in 1998.
Products made in Sri Lanka for export, raw materials imported for export
production, items imported duty free under Section 19 A of the Customs
of ordinance and items sold to BOI firms are exempt from turnover
tax.
Excise
duties apply on liquor, tobacco and some types of luxury or semiluxury
goods. Stamp duty is levied on a variety of instruments: the transfer of
property, issue and transfer of shares and on some types of financial
instruments. |
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